S. 3452 — Biological Intellectual Property Protection Act of 2025

This section expresses the sense of Congress that (1) the People's Republic of China is conducting a systematic campaign to access and exploit sensitive U.S. data and intellectual property to modernize its military, enable human rights abuses, and develop dual-use technologies; (2) such access poses grave threats to U.S. national security; (3) these efforts are supported by China's military-civil fusion strategy, which compels civilian companies to aid military activities; (4) Chinese laws—including the National Security Law of 2015, National Intelligence Law of 2017, Data Security Law of 2021, and Counterespionage Law of 2023—require citizens and organizations to cooperate with national security priorities; (5) exports of novel synthetic DNA and RNA sequences risk intellectual property theft by foreign adversaries; and (6) the United States should control such exports to foreign adversaries.

This section amends the Export Control Reform Act of 2018 to establish a license requirement, effective not later than one year after enactment, for the export, reexport, or in-country transfer to a foreign entity of concern of any digital sequence of synthetic DNA or RNA designed by humans or artificial intelligence systems, except for information described in section 734.3(b) of the Export Administration Regulations (i.e., generally publicly available technology). The section defines key terms, including (1) digital sequence, as a binary file or other digital representation specifying the identity, order, and chemical modifications of a DNA or RNA molecule; (2) foreign country of concern, as defined in 42 U.S.C. 19221(a) (i.e., China, North Korea, Russia, Iran, or others designated by the Department of State); (3) foreign entity of concern, as a government entity of such a country, a foreign person subject to its jurisdiction or organized under its laws, or a foreign person owned, directed, or controlled by either; and (4) synthetic DNA or RNA, as certain constructed, chemically synthesized, modified, or replicating nucleic acid molecules.