“A bill to prohibit contracting with certain biotechnology providers.”
No CRS summary available for this bill.
This section prohibits the head of an executive agency from (1) procuring or obtaining biotechnology equipment or services produced or provided by a biotechnology company of concern; or (2) entering into, extending, or renewing a contract with any entity that uses such equipment or services acquired after the applicable effective date or knows a subcontract will require their use. It further prohibits executive agency heads from obligating or expending loan or grant funds—or permitting recipients to use such funds—for those purposes. The prohibitions take effect 60 days after Federal Acquisition Regulation revision for certain biotechnology companies of concern and 90 days after for others, with rules of construction excluding pre-effective date contracts (including options) for five years and providing a safe harbor for equipment or services no longer produced or provided by such companies. It authorizes case-by-case waivers by agency heads—with Office of Management and Budget approval and congressional notifications within 30 days—for specific biotechnology needs (lasting up to 365 days, extendable once by up to 180 days with notification within 10 days) and, separately, for overseas health care services determined necessary for U.S. missions. Exceptions apply to (1) intelligence activities under title V of the National Security Act of 1947; (2) overseas health care services for U.S. employees (including uniformed services members), their dependents, covered beneficiaries (as defined in 10 U.S.C. 1072), certain contractor employees overseas, or other federal beneficiaries; (3) commercially or publicly available human multiomic data; and (4) medical countermeasures and related supplies in response to public health emergencies.