Complete Genomics to Congress: BIOSECURE Act is unconstitutional, violates due process protections

Concerns echo those raised in opposition during House floor debate

SAN JOSE, October 8, 2024 – Complete Genomics, a San Jose, Calif.-based genomics sequencer manufacturer, told Congress today in a letter that the BIOSECURE Act and a companion Senate bill (S. 3558) are unconstitutional and vulnerable to legal challenge. The company further urged Congress to drop the legislation or, at a minimum, remove the company from the bills.

The Company wrote that the extreme market restrictions in the bills, which would largely bar Complete Genomics from the U.S. market, are based on false information about its business and ownership. The letter argues that the bills:

• Violate the Constitution’s Bill of Attainder Clause as the legislation “applies with specificity” and “imposes punishment” based on false presumptions without a judicial process.
• Violate the Fifth Amendment’s Due Process Clause as Complete Genomics has been named in the legislation based on false information without a reasonable process to support such a determination, and there is no process in the bills to enable the Company or any other entity named to be delisted.
• Constitute a “taking” in violation of the Fifth Amendment because the bills would severely restrict, if not shutter, the Company’s U.S. business and undermine its value without any mechanism to compensate the Company and these impacts all are based on false information.

The letter explains that Complete Genomics does not collect or maintain any personal DNA data, which is instead generated and maintained by researchers who use its instruments. Much like the manufacturers of MRI machines, the Company has no access to the data generated by researchers.  As for ownership, Complete Genomics is now a subsidiary of MGI.  Neither MGI nor Complete Genomics are subsidiaries of BGI. Supporters of the legislation have continued to use false and unsupported allegations about these data security and ownership issues to support the inclusion of Complete Genomics and MGI.

To learn more, visit FixBIOSECUREAct.com.

About Complete Genomics

Complete Genomics is a pioneering life sciences company that provides novel, end to end DNA sequencing solutions. It has been at the forefront of high throughput cost-effective sequencing technology development since its inception in 2005. Our products have powered over 7,600 publications across a wide array of applications. To learn more, visit www.completegenomics.com.

* For Research Use Only. Not for use in diagnostic procedures.

Media Contact:

Betsy Yates
Complete Genomics
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