Bill Hagerty (R-TN)

To prohibit contracting with certain biotechnology providers.

S.Amdt. 3841 · Senate amendment to an amendment

A Republican amendment with 1 Democratic cosponsor · See the cosponsor

Changes S.Amdt. 3748, an amendment to S. 2296 — National Defense Authorization Act for Fiscal Year 2026

Last activity — Amendment SA 3841 agreed to in Senate by Voice Vote.

Adopted

The Senate agreed to this amendment, so its changes are part of the bill from here on.

Its path through Congress

  1. Introduced
  2. Passed Senate
  3. Adopted

What this amendment would do

The purpose of SA 3841 is to stop the U.S. government from doing business with certain biotechnology companies that are considered a risk to national security. It aims to add a new section (SEC. 881) to the bill that prohibits executive agencies from buying biotechnology equipment or services from "biotechnology companies of concern."

Key Changes and Additions:

  • Contracting Bans: Executive agencies cannot procure equipment or services from these companies. They also cannot sign or renew contracts with any entity that uses equipment or services from these companies (if acquired after certain dates).

  • Funding Restrictions: The amendment stops the use of loan or grant funds to buy these services or equipment, or to contract with entities that use them.

  • Defining "Companies of Concern": The Director of the Office of Management and Budget will create and update a list of these companies. This includes Chinese military companies operating in the U.S. and other entities controlled by a foreign adversary that pose a national security risk.

  • Exceptions and Waivers: The ban does not apply to authorized intelligence activities, certain overseas health care services, publicly available multiomic data, or medical supplies needed for a declared public health emergency. Case-by-case waivers can be granted if approved by the Director of the Office of Management and Budget and coordinated with the Secretary of Defense.

  • Risk Assessments: The Director of National Intelligence must assess and report on the national security risks posed by foreign adversaries collecting or storing human multiomic data from U.S. citizens.

  • Accountability: The Director of National Intelligence must provide annual reports to Congress regarding "nefarious activities" conducted by biotechnology companies involving human multiomic data.