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118TH CONGRESS
1ST SESSION H. R. 4087
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 13, 2023
Mr. WENSTRUP (for himself and Mrs. LESKO) introduced the following bill;
which was referred to the Committee on Energy 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-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Foreign Adversary
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Gain-of-Function Research Prevention Act of 2023’’.
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SEC. 2. PROHIBITION ON FEDERAL FUNDING FOR CERTAIN
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GAIN-OF-FUNCTION RESEARCH BY A FOR-
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EIGN ADVERSARY.
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(a) IN GENERAL.—No Federal funds may be made
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available, whether directly or indirectly, or used by an en-
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tity, to conduct or support any gain-of-function research
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involving a potential pandemic pathogen by a foreign ad-
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versary, including—
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(1) China, Russia, Iran, and North Korea; and
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(2) any other country the Secretary of State, in
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consultation with the Secretary of Defense, the Di-
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rector of National Intelligence, or any other appro-
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priate Federal official, determines to be a foreign
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adversary for the purposes of this section.
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(b) FUNDING FREEZE FOR VIOLATIONS.—If the Sec-
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retary of State determines that an entity has violated sub-
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section (a), such entity—
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(1) for the 3-year period beginning on the date
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of such determination, may not receive any award or
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subaward of a grant, cooperative agreement, loan, or
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contract from the Department of Health and
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Human Services; and
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(2) for the 3-year period beginning on the day
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after the last day of the period described in para-
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graph (1), may not receive any award of a grant, co-
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operative agreement, loan, or contract from the De-
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partment of Health and Human Services unless the
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entity agrees, as a condition of receiving such award
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to—
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(A) give notice to the Congress before
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using such award to make any subaward; and
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(B) include in any such notice the intended
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recipient and purpose of the subaward.
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(c) DEFINITIONS.—In this section:
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(1) GAIN-OF-FUNCTION RESEARCH.—The term
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‘‘gain-of-function research’’ means any research that
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may be reasonably anticipated to confer an attribute
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to a pathogen such that the pathogen would have
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enhanced pathogenicity or transmissibility in mam-
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mals, including the creation of a chimera.
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(2) POTENTIAL
PANDEMIC
PATHOGEN.—The
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term ‘‘potential pandemic pathogen’’ means a patho-
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gen that, as a result of any gain-of-function re-
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search—
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(A) is likely more transmissible or likely
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capable of wide and uncontrollable spread in
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human populations;
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(B) is likely more virulent or likely to
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cause modest or greater morbidity or mortality
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in humans; or
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(C) is likely to pose a severe threat to pub-
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lic health, the capacity of the public health sys-
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tems to function, or national security.
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