Senate Bill 3385 - A bill to prohibit contracting with certain biotechnology providers.

This bill prohibits federal contracting with certain biotechnology providers connected to foreign adversaries, with exceptions.

Specifically, the bill prohibits executive agencies from (1) procuring, obtaining, extending, or renewing a contract to procure or obtain any biotechnology equipment or service produced or provided by a biotechnology company of concern; or (2) entering into a contract or extending or renewing a contract that uses such equipment or service or that will require the direct use of such equipment or services. Those agencies may not obligate or expend loan or grant funds for such purposes.

A biotechnology company of concern includes BGI Group, MGI Group, Complete Genomics, any subsidiary, parent affiliate, or successor of such entities, and any entity that

• is subject to the jurisdiction, direction, or control of a foreign adversary;
• operates primarily in the biotechnology industry; and
• the Department of Defense (DOD) deems to pose a risk to national security.

DOD must determine, within 90 days after this bill's enactment, whether WuXi AppTec, Axbio, and any subsidiary, affiliate, or successor of such entities, or any other entity headquartered in or organized under the laws of China, is a biotechnology company of concern.

Executive agencies may waive the prohibitions on a case-by-case basis under specified circumstances.