US Senators Reintroduce ‘Gene Act’ to Protect Americans’ Genetic Data From Chinese Regime
Two Republican senators have reintroduced a bill aimed at protecting the genetic data of Americans in response to the threat posed by the Chinese Communist Party’s (CCP) collection of such data. BGI Group (BGI), a leading company in the Chinese genomics industry, has been repeatedly accused of extensively collecting the genetic data of Americans.
Leading this effort are Sens. Marco Rubio (R-Fla.) and John Cornyn (R-Texas), who reintroduced the Genomics Expenditures and National Security Enhancement Act, also known as the “GENE Act.”
“The genomic data of American citizens has been aggressively sought after by the Chinese Communist Party (CCP) through both legal and illegal means,” a statement released by Rubio’s office on June 6 stated. “The U.S. must advance its security in order to avoid risking any data being vulnerable to international influence.”
The statement further explained that Rubio and Cornyn reintroduced this legislation to “counter the growing threat caused by the CCP.”
“For too long, the People’s Republic of China has collected Americans’ healthcare data without anywhere near sufficient scrutiny,” Cornyn said in the statement. “This legislation would confront this growing national security threat and ensure private genetic information doesn’t fall into the wrong hands.”
The content of this bill includes “requiring the Committee on Foreign Investment in the United States (CFIUS) to include the Senate Select Committee on Intelligence and Senate Committee on Foreign Relations in its briefings” to enhance congressional oversight; Directing CFIUS to revise regulations to require mandatory reporting of any commercial agreements involving companies engaged in the genetic business; Requiring consultation with the U.S. Department of Health and Human Services (HHS) for any commercial agreements involving genetic data transactions to facilitate better cross-agency awareness of such transactions.
Rubio and Cornyn previously introduced the same-named bill in May 2021, but it did not survive legislative scrutiny, which is why it has been reintroduced this year.
BGI Accused of Using Pandemic to Acquire Data
The apparent threat from the CCP is closely related to BGI, formerly called the Beijing Genomics Institute. As early as February 2021, the U.S. National Counterintelligence and Security Center (NCSC) issued a report warning of the CCP’s collection of American genomic data and stating that such activities posed serious threats to individuals’ privacy, the U.S. economy, and national security. BGI was mentioned multiple times in the report.
The NCSC report pointed out that as the COVID-19 pandemic spread around the world, the CCP aggressively marketed Chinese-made testing reagents and laboratories to the world. BGI claimed to have sold virus testing tools to 180 countries and established virus testing laboratories in 18 countries as of August 2020. The report stated that these activities would assist the CCP in collecting the genetic data of foreigners.
According to a report by The Wall Street Journal in January of the same year, at least 11 U.S. states’ health departments reported receiving marketing materials for testing kits or laboratory services from BGI. BGI was attempting to promote its products for use in government-operated laboratories or the establishment of entire laboratories.
A senior U.S. official who has been monitoring BGI’s activities stated that BGI’s “expansion of market share is not for economic benefit but to obtain data.”
BGI Group, founded in 1999 and headquartered in Shenzhen, China, is often referred to as the “Huawei” of the Chinese genetic technology industry. According to its annual report for 2022, released at the end of March this year, BGI has influence in over 100 countries worldwide. It collaborates with more than 3,000 overseas medical and research institutions in regions such as Europe, the Americas, and the Asia-Pacific. Within China, it collaborates with over 2,000 research institutions and more than 2,300 medical institutions.
BGI Targeting Americans’ Genomic Data
Even before the pandemic, BGI had shown a sustained and strong interest in sequencing the genomes of Americans. According to a report by the U.S.-China Economic and Security Review Commission (USCC) in February 2019, the CCP has been infiltrating Americans’ biometric data, including the collection of Americans’ genetic information through BGI.
The report provides examples, such as in November 2011, when BGI and the Children’s Hospital of Philadelphia (CHOP) announced a collaborative relationship to conduct genomic research using BGI’s sequencing technology and CHOP’s pediatric biobank. In October 2011, BGI also signed an agreement with the University of California, Davis, to establish a genomics sequencing center on campus and conduct research using the university’s biobank. In the same year, BGI collaborated with U.S. medical institutions such as Autism Speaks on genetic research.
Over the years, BGI has established close connections with research institutions, hospitals, and influential foundations in the United States, gaining access to research Americans’ genetic data. BGI’s Hong Kong laboratories have even obtained certificates for research from the College of American Pathologists (CAP) in 2015 and 2017, as well as licenses issued by the Centers for Medicare and Medicaid Services and the Centers for Disease Control and Prevention’s Critical Licensing Improvement Amendments (CLIA).
CLIA is a required license for providing clinical services to Americans, while CAP is an optional and reputable industry-standard certification. The USCC report indicates that CLIA/CAP certifications open the door to accessing Americans’ health data, including genetic information.
The USCC believes that BGI may be constructing a genetic database of Americans.
BGI’s Ties With Chinese Military
In January 2021, Reuters conducted an investigation of over 40 public documents and papers and found that BGI has collaborated closely with the Chinese military.
According to Reuters, BGI’s involvement with the Chinese military includes projects such as reducing altitude sickness in Han Chinese to aid border soldiers and collaboration with Chinese military supercomputer experts. In 2015, BGI and the Academy of Military Medical Sciences, a Chinese military institution, were granted a patent for low-cost coronavirus testing. The patent’s inventor was BGI’s Chief Infectious Disease Scientist, Chen Weijun, who has connections with the Academy of Military Medical Sciences. BGI also has collaborations with the National University of Defense Technology in China.
In July 2021, Reuters reported again that a prenatal genetic testing technology used by millions of expectant mothers worldwide was developed in cooperation between BGI and the Chinese military, and the company used it to collect genetic data. The report stated that BGI’s prenatal testing is the source of the company’s genetic data. Over 8 million women globally have used the company’s prenatal genetic testing. Since 2010, the company has published over a dozen joint research papers with the Chinese military on these tests.
BGI has denied all these allegations. The company has stated its refusal to accept any allegations linking it to the Chinese military. BGI also denies the accusations made by U.S. government agencies, asserting that it does not collect patient data.
Motivations for Collecting Genetic Information
Although BGI has been credentialed to collect genetic information from people worldwide, its purposes for doing this are not fully understood. BGI’s official website indicates that the company can provide various whole-genome synthesis services, including artificially designed DNA sequences and any genes of interest.
On Dec. 27, 2017, Wang Jian, co-founder and chairman of BGI, claimed during a speech at the 2017 Shenzhen Entrepreneurs Convention that BGI “can chemically synthesize any life” within the next five to 10 years. Gene synthesis has reached an industrial level, and BGI has already synthesized viruses, bacteria, and even larger organisms like yeast.
Wang Jian predicted that by 2020, BGI would be able to synthesize a bacterium in just two days, “creating either a beneficial bacterium or a frightening one.” He said, “Humanity has transitioned from cold weapons to hot weapons to atomic bombs and will definitely transition to living weapons.”
Just before Wang Jian’s speech, on Nov. 10, 2017, the Chinese military’s Liberation Army Daily published an article titled “How Genetic Weapons Will Affect Future Wars.” The article suggested that genetic weapons refer to a new generation of biological weapons created by using gene editing technology to modify the coding of pathogenic microorganisms, which will have a strategic deterrent effect.
Furthermore, BGI has also assisted the CCP’s police in establishing a genetic database. A report titled “Gene Surveillance” released by the Australian Strategic Policy Institute in June 2020 revealed that the Chinese regime is collecting DNA samples on a massive scale to create the world’s largest forensic DNA database, including tens of millions of individuals without criminal records. BGI has signed agreements with Chinese authorities to collect biological samples and establish genetic databases for the Ministry of Public Security.
The report also mentioned that in 2013 and 2016, the Chinese government conducted DNA collection among minority ethnic groups in Tibet and Xinjiang under the guise of annual health check-ups. Since the end of 2017, this program has expanded to other regions of China.
One month after the report was released, the United States imposed sanctions on two subsidiaries of BGI, citing they are assisting the Chinese regime in its surveillance and persecution of Uyghurs in Xinjiang.
The Epoch Times reached out for comment from BGI but didn’t receive a reply by the time of publication.
