S. 5316

BINSA Act

Sponsor: Pete Ricketts

1 cosponsor
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Sec. 3. Inclusion of biotechnology and licensing of technologies in prohibited and notifiable transactions

Section 809 of the Defense Production Act of 1950 (50 U.S.C. 4589) is amended—

(1) in paragraph (4)(A)—

(A) in clause (vii), by striking ; or and inserting a semicolon;

(B) by redesignating clause (viii) as clause (ix); and

(C) by inserting after clause (viii) the following:

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(viii) licensing of a prohibited technology from a covered foreign person; or

(2) in paragraph (7)(A), by adding at the end the following:

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(vi) Biotechnology, meaning the research, development, manufacturing, or commercialization of—

(I) pharmaceutical products (which has the meaning given the term drug in section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1)));

(II) biological products (as defined in section 351(i) of the Public Health Service Act (42 U.S.C. 262(i))); and

(III) therapeutic compounds, including drug discovery platforms, clinical research and development capabilities, biologics manufacturing, and intellectual property and know-how relating to therapeutic compounds.

; and

(3) in paragraph (10)(A), by adding at the end the following:

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(vi) Biotechnology, meaning the research, development, manufacturing, or commercialization of—

(I) pharmaceutical products (which has the meaning given the term drug in section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1)));

(II) biological products (as defined in section 351(i) of the Public Health Service Act (42 U.S.C. 262(i))); and

(III) therapeutic compounds, including drug discovery platforms, clinical research and development capabilities, biologics manufacturing, and intellectual property and know-how relating to therapeutic compounds.