Prohibition for defense contractors providing sensitive information related to synthetic biology to foreign entities of concern

(a) In general The Secretary of Defense shall prohibit a covered entity from providing to a foreign entity of concern a digital sequence of synthetic DNA or RNA or a synthetic protein designed by humans or artificial intelligence systems. (b) Waiver The Secretary may waive the prohibition under subsection (a) if the Secretary— (1) determines the waiver is in the national security interests of the United States; and (2) not less than 30 days before the waiver takes effect, notifies the congressional defense committees with respect to the waiver and the determination under paragraph (1). (c) Definitions In this section: (1) Covered entity The term covered entity means any entity that does any work with the Department of Defense under a contract, grant, cooperative agreement, or other federally awarded vehicle, including an agreement authorized under section 4021 or 4022 of title 10, United States Code, a cooperative research and development agreement, or a material transfer agreement. (2) Digital sequence The term digital sequence means a binary file or other digital representation containing symbols representing the identity, order, and any chemical modification for each position in a DNA, RNA, or protein molecule. (3) Foreign country of concern The term foreign country of concern has the meaning given that term in section 10612(a) of the Research and Development, Competition, and Innovation Act (42 U.S.C. 19221(a)). (4) Foreign entity of concern The term foreign entity of concern means— (A) a government entity of a foreign country of concern; (B) a foreign person subject to the jurisdiction of, or organized under the laws of, a foreign country of concern; or (C) a foreign person owned, directed, or controlled by an entity described in subparagraph (A) or (B). (5) Synthetic DNA or RNA The term synthetic DNA or RNA means— (A) molecules that are constructed by joining nucleic acid molecules and can replicate in a living cell, such as recombinant nucleic acids; (B) nucleic acid molecules that are chemically or by other means synthesized, including such molecules that are chemically or otherwise modified but can base pair with naturally occurring nucleic acid molecules, such as synthetic nucleic acids; or (C) molecules that result from the replication or derivation of molecules described in subparagraph (A) or (B). (6) Synthetic protein The term synthetic protein means a non-naturally occurring sequence of amino acids, including short sequences that may combine natural and non-natural amino acids.