Attachment
Reading Room Production, p.181 · reading_room:exh:00055
Page text: p.181 · original PDF
- Date
- — (unknown precision)
- Type
- attachment · document
- Topics
- Biosafety and biosecurity
ncems,
community to respond to requests from the Board in a manner consistent with the protection of
intelligence sources and methods.
Enforcement
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: The enforcement provisions are extreme and may raise significant legal and privacy
concerns. Those provisions mandate a suite of harsh penalties for any violations of certain
provisions of the statute, including technical or unintentional violations; they allow for no
flexibility in determining the severity of punishment; they provide the aggrieved party
with no process; and they mandate public identification of aggrieved individuals. These
provisions could broadly disincentivize individualsmay dissuade scientists from working in
life sciencespursuing any research and funding agencies, which could sendthat might be
potentially considered high-risk.
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Authorities: Agencies have raised concerns about how the legislation would conflict
with and impede their existing authorities, including those related to grantmaking. For
example, DOD has noted the legislation would curtail DOD's flexibility and weaken
DOD's Title 10 authorities to fund research outsidethat is in the best interest of this country
and compromise progress on public health, safety, and national security. In several places the
legislation raises privacy concerns by requiring sharing of information that is normally
protected under the Privacy Act. In addition, USAID has noted that ambiguity in the
definition of federal funding could imply that contributions to other bodies such as CEPI
are required to go through this process, which could limit U.S. Government's ability to
effectively work with such organizations.
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Given We recommend that enforcement provisions be focused on willful violationsthe above concerns,
as drafted, this legislation has the potential to negatively impact innovation and delay the
development of lifesaving technologies. While the Administration does not support this
legislation, we remain committed to working with the Committee on biosafety and significantly
reduced or adjusted.biosecurity.
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