BINSA Act

This bill, titled the Biotech Investment National Security Act of 2026 (BINSA Act), seeks to amend Title VIII of the Defense Production Act of 1950 to bolster national security by expanding the scope of technologies subject to review. It specifically includes biotechnology within the definitions of "prohibited technology" and "notifiable technology," aiming to regulate transactions involving foreign persons that could pose risks to the United States. The legislation is driven by concerns that United States capital and intellectual property flowing to Chinese biotechnology companies could accelerate foreign dominance in the pharmaceutical innovation supply chain, creating strategic dependency risks. The bill defines biotechnology broadly to encompass the research, development, manufacturing, or commercialization of pharmaceutical products biological products therapeutic compounds, including drug discovery platforms, clinical research and development capabilities, biologics manufacturing, and related intellectual property. It also adds the licensing of prohibited technology from a covered foreign person as a type of transaction subject to review. The Secretary of the Treasury is mandated to issue a rule within one year to further define these parameters, consulting with other agencies and giving particular consideration to transactions involving intellectual property licensing, drug discovery platforms, clinical research, and biologics manufacturing know-how. Importantly, the definition of biotechnology will exclude agricultural biotechnology, industrial fermentation unrelated to pharmaceutical production, and basic academic research without direct pharmaceutical or therapeutic application. Additionally, the Secretary of Defense is required to submit a report assessing the impact of U.S. capital flows into China's biotechnology sector on U.S. national security and military readiness.