SB 649

This bill prohibits any medical facility or research facility in this state from using a genetic sequencer used for genetic analysis or operational or research software used for genetic analysis that is produced in or by a foreign adversary, a company organized within the borders of a country that is a foreign adversary, or an owned or controlled subsidiary or affiliate of a company domiciled within the borders of a country that is a foreign adversary. Under the bill, “foreign adversary” means a person determined by the U.S. Department of Commerce to be a foreign adversary of the United States. Those countries currently include China, Cuba, Iran, North Korea, Russia, and Venezuela under the regime of Nicolás Maduro. The bill provides that “operational or research software” means computer programs used for the operation, control, analysis, or other necessary functions of genetic analysis or genetic sequencers. Under the bill, a “genetic sequencer” is any device or platform used to conduct genetic analysis, resequencing, isolation, or other genetic research.

The bill provides that a “medical facility” is a facility for the delivery of health services that receives state moneys, including interagency pass-through appropriations from the federal government, and conducts research or testing on or relating to genetic analysis or the human genome. Similarly, under the bill, a “research facility” is a facility that receives state moneys, including interagency pass-through appropriations from the federal government, and conducts research on or relating to genetic analysis or the human genome.

Under the bill, no medical facility, research facility, company, or nonprofit organization may store any human genome sequencing data of a resident of this state at a location within the borders of a foreign adversary, and each medical facility, research facility, company, or nonprofit organization must ensure that such data is inaccessible to any person located within the borders of a foreign adversary. The bill provides that these requirements do not apply to the storage of human genome sequencing data that is collected as part of clinical trials or other biomedical research studies subject to, or conducted in accordance with, certain federal regulations relating to protection of sensitive personal and government-related data.

The bill provides for enforcement by the attorney general and allows the attorney general to investigate allegations of a violation. Any person may notify the attorney general of a violation or potential violation. Under the bill, a person must forfeit $10,000 for each violation of genetic sequencing with a prohibited device or prohibited storage of human genome sequencing data. The attorney general may bring an action in the name of the state to collect any forfeiture imposed for a violation.