Foreign Gain-of-Function Research Prevention Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 4071 To prohibit the use of Federal funds to conduct or support certain gain- of-function research by a foreign adversary. IN THE HOUSE OF REPRESENTATIVES JUNE 22, 2021 Mr. WENSTRUP (for himself, Mr. BABIN, Mr. GOSAR, Mr. DUNN, Mr. JOYCE of Pennsylvania, Mr. JACKSON, Mrs. MILLER-MEEKS, Mr. STEWART, Mr. CRAWFORD, Mr. CARTER of Georgia, Ms. STEFANIK, and Mr. NUNES) in- troduced the following bill; which was referred to the Committee on En- ergy and Commerce A BILL To prohibit the use of Federal funds to conduct or support certain gain-of-function research by a foreign adversary. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Foreign Gain-of-Func- 4 tion Research Prevention Act of 2021’’. 5 VerDate Sep 11 2014 23:10 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4071.IH H4071 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 4071 IH SEC. 2. PROHIBITION ON FEDERAL FUNDING FOR CERTAIN 1 GAIN-OF-FUNCTION RESEARCH BY A FOR- 2 EIGN ADVERSARY. 3 (a) IN GENERAL.—No Federal funds may be made 4 available, whether directly or indirectly, or used by an en- 5 tity, to conduct or support any gain-of-function research 6 involving a potential pandemic pathogen by a foreign ad- 7 versary, including— 8 (1) China, Russia, Iran, and North Korea; and 9 (2) any other country the Secretary of State, in 10 consultation with the Secretary of Defense, the Di- 11 rector of National Intelligence, or any other appro- 12 priate Federal official, determines to be a foreign 13 adversary for the purposes of this section. 14 (b) FUNDING FREEZE FOR VIOLATIONS.—Any entity 15 the Secretary of State finds to have used Federal funds 16 in violation of this section may not receive any Federal 17 funding for a period of 5 years, beginning on the date of 18 such finding. 19 (c) DEFINITIONS.—In this section: 20 (1) GAIN-OF-FUNCTION RESEARCH.—The term 21 ‘‘gain-of-function research’’ means any research that 22 may be reasonably anticipated to confer an attribute 23 to a pathogen such that the pathogen would have 24 enhanced pathogenicity or transmissibility in mam- 25 mals. 26 VerDate Sep 11 2014 23:10 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4071.IH H4071 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 4071 IH (2) POTENTIAL PANDEMIC PATHOGEN.—The 1 term ‘‘potential pandemic pathogen’’ means a patho- 2 gen that, prior to any gain-of-function research— 3 (A) is likely highly transmissible and likely 4 capable of wide and uncontrollable spread in 5 human populations; and 6 (B) is likely highly virulent and likely to 7 cause significant morbidity or mortality in hu- 8 mans. 9 Æ VerDate Sep 11 2014 23:10 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H4071.IH H4071 kjohnson on DSK79L0C42PROD with BILLS