BINSA Act

The Biotech Investment National Security Act of 2026 (BINSA Act) amends the Defense Production Act of 1950 to add biotechnology to the definitions of 'prohibited technology' and 'notifiable technology' for outbound investment screening, and requires related rulemaking and a report. Sec. 3, Inclusion of biotechnology and licensing of technologies in prohibited and notifiable transactions: This section amends Section 809 of the Defense Production Act of 1950 to include licensing of a prohibited technology from a covered foreign person as a prohibited transaction, and adds 'Biotechnology', defined as research, development, manufacturing, or commercialization of pharmaceutical products, biological products, and therapeutic compounds including drug discovery platforms, clinical research and development, biologics manufacturing, and related intellectual property, to both the definitions of 'prohibited technology' and 'notifiable technology'. Sec. 4, Rulemaking: The Secretary of the Treasury must issue a rule within one year to further define the parameters of 'biotechnology', consulting with the Secretaries of Health and Human Services and Defense and the Director of National Intelligence, and giving particular consideration to licensing, joint ventures, and equity investments involving drug discovery, clinical development, and biologics manufacturing, while excluding agricultural biotechnology, industrial fermentation unrelated to pharmaceutical production, and basic academic research with no direct pharmaceutical or therapeutic application. Sec. 5, Report required: Within 60 days, the Secretary of Defense must submit a report to specified congressional committees assessing whether U.S. capital flows into China's biotechnology sector, including licensing transactions, negatively affect U.S. national security and military readiness, in unclassified form with a possible classified annex.