S. 3452

119 S3452 IS: Biological Intellectual Property Protection Act of 2025
 U.S. Senate
 2025-12-11
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 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  1st Session  S. 3452  IN THE SENATE OF THE UNITED STATES   December 11, 2025   Mr. Cotton  (for himself,  Ms. Hassan , and  Mr. Budd ) introduced the following bill; which was read twice and referred to the  Committee on Banking, Housing, and Urban Affairs    A BILL
To restrict the export to foreign entities of concern of United States intellectual property and sensitive information related to synthetic biology, and for other purposes.
1.
Short title
This Act may be cited as the   Biological Intellectual Property Protection Act of 2025  .
2.
Sense of Congress
It is the sense of Congress that—
(1)
the People’s Republic of China is conducting a systematic campaign to access and exploit sensitive United States data and intellectual property to modernize its military, intelligence, and other security apparatuses, enable human rights abuses, and develop dual-use strategic technologies;
(2)
access by the People's Republic of China to sensitive United States data and intellectual property poses grave and direct threats to United States national security;
(3)
the efforts of the People's Republic of China to access such data and intellectual property are supported by a military-civil fusion strategy, through which the People's Republic of China increases the size of its military-industrial complex by compelling civilian Chinese companies and research institutions to support its military and intelligence activities, which results in ostensibly private and civilian companies that access United States capital supporting the modernization of the People’s Liberation Army;
(4)
the law of the People's Republic of China requires that all citizens of the People's Republic of China cooperate with national security priorities, enabling the modernization of the People’s Liberation Army, including through—
(A)
the National Security Law of 2015, which states that citizens of the People's Republic of China  shall have duties and obligations to maintain national security ;
(B)
the National Intelligence Law of 2017, which states that  all organizations and citizens shall support, assist, and cooperate with national intelligence work ;
(C)
the Data Security Law of 2021, which states that  where a public security organ or national security organ needs to obtain data for the sake of national security or for investigating crimes in accordance with the law … the relevant organizations and individuals shall cooperate ; and
(D)
the Counterespionage Law, revised in 2023, which states that citizens of the People's Republic of China  have the duty to maintain the security, honor and interests of the state, and shall not engage in any act that endangers the security, honor or interests of the state ;
(5)
the export of novel synthetic DNA and RNA sequences provides insight into the designs and research of biotechnology entities, leading to a high potential for intellectual property theft by foreign adversaries; and
(6)
the United States should therefore control the export of synthetic DNA and RNA sequences to foreign adversaries.
3.
License requirement to protect United States intellectual property and sensitive information related to synthetic biology
Part I of the Export Control Reform Act of 2018 ( 50 U.S.C. 4811 et seq. ) is amended by inserting after section 1758 the following:
1758A.
License requirement to protect United States intellectual property and sensitive information related to synthetic biology
(a)
License requirement
Not later than 1 year after the date of the enactment of this section, the Secretary shall, except as provided for in subsection (b), require a license for the export, reexport, or in-country transfer to a foreign entity of concern of a digital sequence of synthetic DNA or RNA designed by humans or artificial intelligence systems.
(b)
Exception
The requirement for a license under subsection (a) shall not apply with respect to information described in section 734.3(b) of the Export Administration Regulations.
(c)
Definitions
In this section:
(1)
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 or RNA molecule.
(2)
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) ).
(3)
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).
(4)
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 of molecules described in subparagraph (A) or (B).
 .