
Illustration: Annelise Capossela / Axios
Restrictions on select Chinese biotech companies could be back on the table when Congress returns from recess in the form of an amendment to the annual defense authorization bill from Sens. Bill Hagerty and Gary Peters.
Why it matters: Lawmakers left the Biosecure Act out of last year's version of the legislation, dealing a blow to bipartisan efforts to restrict biotechnology "companies of concern" from participating in government-funded research.
- Lawmakers are trying to balance the danger of firms using patient data for nefarious purposes with concerns from Sen. Rand Paul and some House Democrats, who've worried about a lack of due process for the companies targeted.
Driving the news: The latest version would give OMB responsibility for designating target companies with input from HHS, the Pentagon and other departments and agencies. Companies could appeal the designation within 90 days.
- There would be a five-year window for excluding equipment or services, including previously negotiated contract options.
- The prohibitions wouldn't apply to equipment or services that are no longer produced or provided by companies of concern.
- The grandfathering and administrative process track with the recommendations of the National Commission on Emerging Biotechnology, per BioCentury.
What we're watching: Whether defense-focused lawmakers are willing to provide a vehicle for the measure, or whether there's a desire to keep legislation relatively clean in the face of broader policy and funding battles.
