Senators Rubio and Cornyn Introduce ‘GENE Act’ to Safeguard American Genomic Data from China’s Threat

Originally published June 12, 2023 3:00 pm PDT

U.S. Senators Marco Rubio (R-FL) and John Cornyn (R-TX) have taken steps to enhance the security of American citizens’ genomic data, introducing the Genomics Expenditures and National Security Enhancement (GENE) Act.

The legislation is aimed at confronting the perceived threat of the Chinese Communist Party (CCP) collecting this sensitive information, both through legal and illicit means, according to a press release from last week.

In a recent statement, Senator Rubio expressed his concerns over the lack of control on access to American citizens’ genomic data, saying, “There is no reason for our lack of oversight on access to American citizens’ genomic data. It’s imperative that Congress has a seat at the table to confront this growing national security and privacy threat.”

Echoing Rubio’s sentiments, Senator Cornyn added, “For too long, the People’s Republic of China has collected Americans’ healthcare data without anywhere near sufficient scrutiny. This legislation would confront this growing national security threat and ensure private genetic information doesn’t fall into the wrong hands.”

The GENE Act focuses on enhancing oversight and enforcing stricter regulations on transactions involving genetic information.

As part of the proposed changes, the Committee on Foreign Investment in the United States (CFIUS) would be required to include the Senate Select Committee on Intelligence and the Senate Committee on Foreign Relations in its briefings.

The legislation also calls for an overhaul of CFIUS regulations, mandating filing for any deal that involves a company handling genetic information.

Senator Rubio’s press release indicates this will increase transparency and oversight on transactions that could potentially compromise the privacy of American citizens’ genomic data.

Another key aspect of the GENE Act is the collaboration it would foster across various governmental agencies.

The bill stipulates that the U.S. Department of Health and Human Services (HHS) must be consulted on any deal that involves a genetic data transaction.

This is intended to increase cross-agency awareness of transactions of concern and ensure robust measures are in place to prevent any compromise of sensitive health data.

The introduction of the GENE Act marks a significant move towards protecting the genomic data of American citizens from international threats, and it underlines the growing recognition of the importance of data security in today’s interconnected world.

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