§4565a — Title 50 War and National Defense | U.S. Code

Summary

The Director of National Intelligence must help and advise the FBI, the Committee on Foreign Investment in the United States, and other federal agencies when foreign actors of concern try to buy or gain control of U.S. companies that hold biological data. That help covers attempts by the Government of the People’s Republic of China to take biological data in the United States or abroad, including when China uses economic support tied to military, industrial, farm, or health systems. Not later than 90 days after December 18, 2025, the Director must brief the listed congressional committees on a formal process to provide this intelligence support (in line with Executive Order 14117 or any successor) and on any extra authorities or resources needed. Definitions: appropriate congressional committees — the congressional intelligence committees; the congressional defense committees; Senate Committees on Foreign Relations, Judiciary, and Banking, Housing, and Urban Affairs; and House Committees on Foreign Affairs, Judiciary, and Financial Services. Biological data — multiomic and other measured, collected, or combined biological information from humans, animals, plants, or microbes for analysis. Covered entity — private companies working with biological data, related equipment, or technologies, such as sequencing, synthesis, or biobanks. Foreign entity of concern — as defined in section 19221(a) of title 42.

Title 50, §4565a

War and National Defense — Source: USLM XML via OLRC

(a)The Director of National Intelligence, in consultation with such other heads of elements of the intelligence community as the Director considers appropriate, shall provide support to and consult with the Federal Bureau of Investigation, the Committee on Foreign Investment in the United States, and other Federal agencies as appropriate when reviewing transactions relating to the acquisition of covered entities by foreign entities of concern, including attempts by the Government of the People’s Republic of China—

(1)to leverage and acquire biological data in the United States; and

(2)to leverage and acquire biological data outside the United States, including by providing economic support to the military, industrial, agricultural, or health care infrastructure of foreign countries.

(b)Not later than 90 days after December 18, 2025, the Director of National Intelligence shall brief the appropriate congressional committees on—

(1)a formal process for ensuring intelligence community support to Federal agencies relating to adversary acquisition of biological data, in compliance with Executive Order 14117 (50 U.S.C. 1701 note; relating to preventing access to Americans’ bulk sensitive personal data and United States Government-related data by countries of concern), or any successor order; and

(2)any additional resources or authorities needed to provide intelligence community support under subsection (b)(1).

(c)In this section:

(1)The term “appropriate congressional committees” means—

(A)the congressional intelligence committees;

(B)the congressional defense committees (as such term is defined in section 101(a) of title 10);

(C)the Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Banking, Housing, and Urban Affairs of the Senate; and

(D)the Committee on Foreign Affairs, the Committee on the Judiciary, and the Committee on Financial Services of the House of Representatives.

(2)The term “biological data” means multiomic information and other relevant information, including associated descriptors, derived from the structure, function, or process of a biological system, that is either measured, collected, or aggregated for analysis, including information from humans, animals, plants, or microbes.

(3)The term “covered entity” means a private entity involved in biological data (including biological data equipment, technologies, sequencing, or synthesis), including a biobank or other private entity that holds large amounts of biological data.

(4)The term “foreign entity of concern” has the meaning given that term in section 19221(a) of title 42.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Executive Order 14117, referred to in subsec. (b)(1), is Ex. Ord. No. 14117, Feb. 28, 2024, 89 F.R. 15421, which is listed in a table under section 1701 of this title. Codification Section was enacted as part of the Intelligence Authorization Act for Fiscal Year 2026 and also as part of National Defense Authorization Act for Fiscal Year 2026, and not as part of the Defense Production Act of 1950 which comprises this chapter.

Statutory Notes and Related Subsidiaries

Definitions For definitions of “intelligence community” and “congressional intelligence committees” as used in this section, see section 6002 of Pub. L. 119–60, set out as a note under section 3003 of this title.

§4565a Enhanced intelligence community support to secure United States biological data