I 

117TH CONGRESS 

1ST SESSION H. R. 6329 

To require reviews of United States investment in foreign countries that 

may threaten national critical capabilities, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 20, 2021 

Ms. DELAURO (for herself, Mr. PASCRELL, Mrs. SPARTZ, and Mr. 

FITZPATRICK) introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To require reviews of United States investment in foreign 

countries that may threaten national critical capabilities, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Critical Capa5 bilities Defense Act of 2021’’. 

6 SEC. 2. NATIONAL CRITICAL CAPABILITIES REVIEWS. 

7 (a) IN GENERAL.—The Trade Act of 1974 (19 

8 U.S.C. 2101 et seq.) is amended by adding at the end 

9 the following: 


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1 ‘‘TITLE X—NATIONAL CRITICAL 

2 CAPABILITIES REVIEWS 

3 ‘‘SEC. 1001. DEFINITIONS. 

4 ‘‘In this title: 

5 ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT6 TEES.—The term ‘appropriate congressional com7 mittees’ means— 

8 ‘‘(A) the Committee on Finance, the Com9 mittee on Armed Services, the Committee on 

10 Banking, Housing, and Urban Affairs, the 

11 Committee on Commerce, Science, and Trans12 portation, the Committee on Health, Education, 

13 Labor, and Pensions, and the Committee on 

14 Homeland Security and Governmental Affairs 

15 of the Senate; and 

16 ‘‘(B) the Committee on Ways and Means, 

17 the Committee on Armed Services, the Com18 mittee on Education and Labor, the Committee 

19 on Financial Services, the Committee on Home20 land Security, and the Committee on Transpor21 tation and Infrastructure of the House of Rep22 resentatives. 

23 ‘‘(2) COMMITTEE.—The term ‘Committee’ 

24 means the Committee on National Critical Capabili25 ties established under section 1002. 


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1 ‘‘(3) CONTROL.—The term ‘control’ means the 

2 power, direct or indirect, whether exercised or not 

3 exercised, to determine, direct, or decide important 

4 matters affecting an entity, subject to regulations 

5 prescribed by the Committee. 

6 ‘‘(4) COUNTRY OF CONCERN.—The term ‘coun7 try of concern’— 

8 ‘‘(A) has the meaning given the term ‘for9 eign adversary’ in section 8(c)(2) of the Secure 

10 and Trusted Communications Networks Act of 

11 2019 (47 U.S.C. 1607(c)(2)); and 

12 ‘‘(B) may include a nonmarket economy 

13 country (as defined in section 771(18) of the 

14 Tariff Act of 1930 (19 U.S.C. 1677(18))) iden15 tified by the Committee for purposes of this 

16 paragraph by regulation. 

17 ‘‘(5) COVERED TRANSACTION.— 

18 ‘‘(A) IN GENERAL.—Except as otherwise 

19 provided, the term ‘covered transaction’ means 

20 any of the following transactions, proposed or 

21 pending on or after the date of the enactment 

22 of this title: 

23 ‘‘(i) Any transaction by a United 

24 States business that— 


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1 ‘‘(I) shifts or relocates to a coun2 try of concern, or transfers to an enti3 ty of concern, the design, develop4 ment, production, manufacture, fab5 rication, supply, servicing, testing, 

6 management, operation, investment, 

7 ownership, or any other essential ele8 ments involving one or more national 

9 critical capabilities identified under 

10 subparagraph (B)(ii); or 

11 ‘‘(II) could result in an unaccept12 able risk to a national critical capa13 bility. 

14 ‘‘(ii) Any other transaction, transfer, 

15 agreement, or arrangement, the structure 

16 of which is designed or intended to evade 

17 or circumvent the application of this title, 

18 subject to regulations prescribed by the 

19 Committee. 

20 ‘‘(B) REGULATIONS.— 

21 ‘‘(i) IN GENERAL.—The Committee 

22 shall prescribe regulations further defining 

23 the term ‘covered transaction’ in accord24 ance with subchapter II of chapter 5, and 

25 chapter 7, of title 5, United States Code 


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1 (commonly known as the ‘Administrative 

2 Procedure Act’). 

3 ‘‘(ii) IDENTIFICATION OF NATIONAL

4 CRITICAL CAPABILITIES.—For purposes of 

5 subparagraph (A)(I), the regulations pre6 scribed by the Committee under clause (i) 

7 shall— 

8 ‘‘(I) identify the national critical 

9 capabilities subject to that subpara10 graph based on criteria intended to 

11 limit application of that subparagraph 

12 to the subset of national critical capa13 bilities that is likely to pose an unac14 ceptable risk to the national security 

15 and crisis preparedness of the United 

16 States; and 

17 ‘‘(II) enumerate, quantify, 

18 prioritize, and set forth sufficient al19 lowances of, specific types and exam20 ples of such capabilities. 

21 ‘‘(6) CRISIS PREPAREDNESS.—The term ‘crisis 

22 preparedness’ means preparedness for— 

23 ‘‘(A) a public health emergency declared 

24 under section 319 of the Public Health Service 

25 Act (42 U.S.C. 247d); or 


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1 ‘‘(B) a major disaster declared under sec2 tion 401 of the Robert T. Stafford Disaster Re3 lief and Emergency Assistance Act (42 U.S.C. 

4 5170). 

5 ‘‘(7) CRITICAL INFRASTRUCTURE.—The term 

6 ‘critical infrastructure’ means systems and assets, 

7 whether physical or virtual, so vital to the United 

8 States that the incapacity or destruction of such sys9 tems and assets would have a debilitating impact on 

10 national security, national economic security, na11 tional public health or safety, or any combination of 

12 those matters. 

13 ‘‘(8) ENTITY OF CONCERN.—The term ‘entity 

14 of concern’ means an entity— 

15 ‘‘(A) the ultimate parent entity of which is 

16 domiciled in a country of concern; or 

17 ‘‘(B) that is directly or indirectly controlled 

18 by, owned by, or subject to the influence of a 

19 foreign person that has a substantial nexus 

20 with a country of concern. 

21 ‘‘(9) FOREIGN ENTITY.— 

22 ‘‘(A) IN GENERAL.—Except as provided by 

23 subparagraph (B), the term ‘foreign entity’ 

24 means any branch, partnership, group or sub25 group, association, estate, trust, corporation or 


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1 division of a corporation, or organization orga2 nized under the laws of a foreign country if— 

3 ‘‘(i) its principal place of business is 

4 outside the United States; or 

5 ‘‘(ii) its equity securities are primarily 

6 traded on one or more foreign exchanges. 

7 ‘‘(B) EXCEPTION.—The term ‘foreign enti8 ty’ does not include any entity described in sub9 paragraph (A) that can demonstrate that a ma10 jority of the equity interest in such entity is ul11 timately owned by nationals of the United 

12 States. 

13 ‘‘(10) FOREIGN PERSON.—The term ‘foreign 

14 person’ means— 

15 ‘‘(A) any foreign national, foreign govern16 ment, or foreign entity; 

17 ‘‘(B) any entity over which control is exer18 cised or exercisable by a foreign national, for19 eign government, or foreign entity; or 

20 ‘‘(C) any entity over which control is exer21 cised or exercisable by a person described in 

22 subparagraph (A) or (B). 

23 ‘‘(11) NATIONAL CRITICAL CAPABILITIES.—The 

24 term ‘national critical capabilities’, subject to regula25 tions prescribed by the Committee— 


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1 ‘‘(A) means systems and assets, whether 

2 physical or virtual, so vital to the United States 

3 that the inability to develop such systems and 

4 assets or the incapacity or destruction of such 

5 systems or assets would have a debilitating im6 pact on national security or crisis preparedness; 

7 and 

8 ‘‘(B) includes the following: 

9 ‘‘(i) The production, in sufficient 

10 quantities, of any of the following articles: 

11 ‘‘(I) Medical supplies, medicines, 

12 and personal protective equipment. 

13 ‘‘(II) Articles essential to the op14 eration, manufacture, supply, service, 

15 or maintenance of critical infrastruc16 ture. 

17 ‘‘(III) Articles critical to infra18 structure construction after a natural 

19 or manmade disaster. 

20 ‘‘(IV) Articles that are compo21 nents of systems critical to the oper22 ation of weapons systems, intelligence 

23 collection systems, or items critical to 

24 the conduct of military or intelligence 

25 operations. 


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1 ‘‘(V) Any other articles identified 

2 in regulations prescribed under sec3 tion 1007. 

4 ‘‘(ii) Supply chains for the production 

5 of articles described in clause (i). 

6 ‘‘(iii) Essential supply chains for the 

7 Department of Defense. 

8 ‘‘(iv) Any other supply chains identi9 fied in regulations prescribed under section 

10 1007. 

11 ‘‘(v) Services critical to the production 

12 of articles described in clause (i) or a sup13 ply chain described in clause (ii), (iii), or 

14 (iv). 

15 ‘‘(vi) Medical services. 

16 ‘‘(vii) Services critical to the mainte17 nance of critical infrastructure. 

18 ‘‘(viii) Services critical to infrastruc19 ture construction after a natural or man20 made disaster. 

21 ‘‘(ix) Any other services identified in 

22 regulations prescribed under section 1007. 

23 ‘‘(12) NATIONAL SECURITY.—The term ‘na24 tional security’ includes— 


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1 ‘‘(A) national security, as defined in sec2 tion 721(a) of the Defense Production Act of 

3 1950 (50 U.S.C. 4565(a)); 

4 ‘‘(B) national defense, as defined in section 

5 702 of that Act (50 U.S.C. 4552); and 

6 ‘‘(C) agricultural security and natural re7 sources security. 

8 ‘‘(13) PARTY.—The term ‘party’, with respect 

9 to a transaction, has the meaning given that term in 

10 regulations prescribed by the Committee. 

11 ‘‘(14) UNITED STATES.—The term ‘United 

12 States’ means the several States, the District of Co13 lumbia, and any territory or possession of the 

14 United States. 

15 ‘‘(15) UNITED STATES BUSINESS.—The term 

16 ‘United States business’ means a person engaged in 

17 interstate commerce in the United States. 

18 ‘‘SEC. 1002. COMMITTEE ON NATIONAL CRITICAL CAPABILI19 TIES. 

20 ‘‘(a) IN GENERAL.—There is established a com21 mittee, to be known as the ‘Committee on National Crit22 ical Capabilities’, which shall carry out this title and such 

23 other assignments as the President may designate. 

24 ‘‘(b) MEMBERSHIP.— 


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1 ‘‘(1) IN GENERAL.—The Committee shall be 

2 comprised of the head, or a designee of the head, of 

3 each of the following: 

4 ‘‘(A) The Office of the United States 

5 Trade Representative. 

6 ‘‘(B) The Department of Commerce. 

7 ‘‘(C) The Office of Science and Technology 

8 Policy. 

9 ‘‘(D) The Department of the Treasury. 

10 ‘‘(E) The Department of Homeland Secu11 rity. 

12 ‘‘(F) The Department of Defense. 

13 ‘‘(G) The Department of State. 

14 ‘‘(H) The Department of Justice. 

15 ‘‘(I) The Department of Energy. 

16 ‘‘(J) The Department of Health and 

17 Human Services. 

18 ‘‘(K) The Department of Agriculture. 

19 ‘‘(L) The Department of Labor. 

20 ‘‘(M) Any other Federal agency the Presi21 dent determines appropriate, generally or on a 

22 case-by-case basis. 

23 ‘‘(2) EX OFFICIO MEMBERS.— 

24 ‘‘(A) IN GENERAL.—In addition to the 

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1 graph (1), the following shall, except as pro2 vided in subparagraph (B), be nonvoting, ex 

3 officio members of the Committee: 

4 ‘‘(i) The Director of National Intel5 ligence. 

6 ‘‘(ii) The Administrator of the Fed7 eral Emergency Management Agency. 

8 ‘‘(iii) The Director of the National In9 stitute of Standards and Technology. 

10 ‘‘(iv) The Director of the Centers for 

11 Disease Control and Prevention. 

12 ‘‘(v) The Director of the National In13 stitute of Allergy and Infectious Diseases. 

14 ‘‘(vi) The Chairperson of the Federal 

15 Communications Commission. 

16 ‘‘(vii) The Chairperson of the Securi17 ties and Exchange Commission. 

18 ‘‘(viii) The Chairperson of the Com19 modity Futures Trading Commission. 

20 ‘‘(ix) The Administrator of the Fed21 eral Aviation Administration. 

22 ‘‘(B) DESIGNATION AS VOTING MEM23 BERS.—The chairperson of the Committee may 

24 designate any of the officials specified in 


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1 clauses (ii) through (ix) of subparagraph (A) as 

2 voting members of the Committee. 

3 ‘‘(c) CHAIRPERSON.— 

4 ‘‘(1) IN GENERAL.—The United States Trade 

5 Representative shall serve as the chairperson of the 

6 Committee. 

7 ‘‘(2) CONSULTATIONS WITH SECRETARIES OF

8 DEFENSE AND COMMERCE.—In carrying out the du9 ties of the chairperson of the Committee, the United 

10 States Trade Representative shall consult with the 

11 Secretary of Defense and the Secretary of Com12 merce. 

13 ‘‘(d) DESIGNATION OF OFFICIALS TO CARRY OUT

14 DUTIES RELATED TO COMMITTEE.—The head of each 

15 agency represented on the Committee shall designate an 

16 official, at or equivalent to the level of Assistant Secretary 

17 in the Department of the Treasury, who is appointed by 

18 the President, by and with the advice and consent of the 

19 Senate, to carry out such duties related to the Committee 

20 as the head of the agency may assign. 

21 ‘‘SEC. 1003. REVIEW OF COVERED TRANSACTIONS. 

22 ‘‘(a) MANDATORY NOTIFICATION.—A United States 

23 business that engages in a covered transaction shall sub24 mit a written notification of the transaction to the Com25 mittee. 


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1 ‘‘(b) REVIEW.— 

2 ‘‘(1) IN GENERAL.—Not later than 60 days 

3 after receiving written notification under subsection 

4 (a) of a covered transaction, the Committee may— 

5 ‘‘(A) review the transaction to determine if 

6 the transaction is likely to result in an unac7 ceptable risk to one or more national critical ca8 pabilities, including by considering factors spec9 ified in section 1005; and 

10 ‘‘(B) if the Committee determines under 

11 subparagraph (A) that the transaction poses a 

12 risk described in that subparagraph, make rec13 ommendations— 

14 ‘‘(i) to the President for appropriate 

15 action that may be taken under this title 

16 or under other existing authorities to ad17 dress or mitigate that risk; and 

18 ‘‘(ii) to Congress for the establish19 ment or expansion of Federal programs to 

20 support the production or supply of articles 

21 and services described in section 

22 1001(a)(11)(B) in the United States. 

23 ‘‘(2) UNILATERAL INITIATION OF REVIEW.— 

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1 graph (1) of a covered transaction for which written 

2 notification is not submitted under subsection (a). 

3 ‘‘(3) INITIATION OF REVIEW BY REQUEST FROM

4 CONGRESS.—The Committee shall initiate a review 

5 under paragraph (1) of a covered transaction if the 

6 chairperson and the ranking member of one of the 

7 appropriate congressional committees jointly request 

8 the Committee to review the transaction. 

9 ‘‘(c) TREATMENT OF BUSINESS CONFIDENTIAL IN10 FORMATION.—A United States business shall submit each 

11 notification required by subsection (a) to the Committee— 

12 ‘‘(1) in a form that includes business confiden13 tial information; and 

14 ‘‘(2) in a form that omits business confidential 

15 information and is appropriate for disclosure to the 

16 public. 

17 ‘‘SEC. 1004. ACTION BY THE PRESIDENT. 

18 ‘‘(a) IN GENERAL.—Subject to subsection (d), the 

19 President may take such action for such time as the Presi20 dent considers appropriate to address or mitigate any un21 acceptable risk posed by a covered transaction to one or 

22 more national critical capabilities, including suspending or 

23 prohibiting the covered transaction. 

24 ‘‘(b) ANNOUNCEMENT BY THE PRESIDENT.—The 

25 President shall announce the decision on whether or not 


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1 to take action pursuant to subsection (a) with respect to 

2 a covered transaction not later than 15 days after the date 

3 on which the review of the transaction under section 1003 

4 is completed. 

5 ‘‘(c) ENFORCEMENT.—The President may direct the 

6 Attorney General of the United States to seek appropriate 

7 relief, including divestment relief, in the district courts of 

8 the United States, in order to implement and enforce this 

9 section. 

10 ‘‘(d) FINDINGS OF THE PRESIDENT.—The President 

11 may exercise the authority conferred by subsection (a) to 

12 suspend or prohibit a covered transaction only if the Presi13 dent finds that— 

14 ‘‘(1) there is credible evidence that leads the 

15 President to believe that the transaction poses an 

16 unacceptable risk to one or more national critical ca17 pabilities; and 

18 ‘‘(2) provisions of law (other than this section) 

19 do not, in the judgment of the President, provide 

20 adequate and appropriate authority for the Presi21 dent to protect such capabilities. 

22 ‘‘(e) FACTORS TO BE CONSIDERED.—For purposes 

23 of determining whether to take action under subsection 

24 (a), the President shall consider, among other factors, 


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1 each of the factors described in section 1005, as appro2 priate. 

3 ‘‘SEC. 1005. FACTORS TO BE CONSIDERED. 

4 ‘‘The Committee, in reviewing and making a deter5 mination with respect to a covered transaction under sec6 tion 1003, and the President, in determining whether to 

7 take action under section 1004 with respect to a covered 

8 transaction, shall consider any factors relating to national 

9 critical capabilities that the Committee or the President 

10 considers relevant, including— 

11 ‘‘(1) the long-term strategic economic, national 

12 security, and crisis preparedness interests of the 

13 United States; 

14 ‘‘(2) the history of distortive or predatory trade 

15 practices in each country in which a foreign person 

16 that is a party to the transaction is domiciled; 

17 ‘‘(3) control and beneficial ownership (as deter18 mined in accordance with section 847 of the Na19 tional Defense Authorization Act for Fiscal Year 

20 2020 (Public Law 116–92; 10 U.S.C. 2509 note)) of 

21 each foreign person that is a party to the trans22 action; and 

23 ‘‘(4) impact on the domestic industry and re24 sulting resiliency, including the domestic skills base, 


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1 taking into consideration any pattern of foreign in2 vestment in the domestic industry. 

3 ‘‘SEC. 1006. SUPPLY CHAIN SENSITIVITIES. 

4 ‘‘The Committee shall determine the sensitivities and 

5 risks for sourcing of articles described in section 

6 1001(a)(11)(B)(i), in accordance with the following: 

7 ‘‘(1) The sourcing of least concern shall be arti8 cles the supply chains for which are housed in whole 

9 within countries that are allies of the United States. 

10 ‘‘(2) The sourcing of greater concern shall be 

11 articles the supply chains for which are housed in 

12 part within countries of concern or from an entity 

13 of concern but for which substitute production is 

14 available from elsewhere at required scale. 

15 ‘‘(3) The sourcing of greatest concern shall be 

16 articles the supply chains for which are housed whol17 ly or in part in countries of concern or from an enti18 ty of concern and for which substitute production is 

19 unavailable elsewhere at required scale. 

20 ‘‘SEC. 1007. IDENTIFICATION OF ADDITIONAL NATIONAL 

21 CRITICAL CAPABILITIES. 

22 ‘‘(a) IN GENERAL.—The Committee should prescribe 

23 regulations to identify additional articles, supply chains, 

24 and services to recommend for inclusion in the definition 


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1 of ‘national critical capabilities’ under section 

2 1001(a)(11). 

3 ‘‘(b) REVIEW OF INDUSTRIES.— 

4 ‘‘(1) IN GENERAL.—In identifying under sub5 section (a) additional articles, supply chains, and 

6 services to recommend for inclusion in the definition 

7 of ‘national critical capabilities’ under section 

8 1001(a)(11), the Committee should conduct a review 

9 of industries identified by Federal Emergency Man10 agement Agency as carrying out emergency support 

11 functions, including the following industries: 

12 ‘‘(A) Energy. 

13 ‘‘(B) Medical. 

14 ‘‘(C) Communications, including electronic 

15 and communications components. 

16 ‘‘(D) Defense. 

17 ‘‘(E) Transportation. 

18 ‘‘(F) Aerospace, including space launch. 

19 ‘‘(G) Robotics. 

20 ‘‘(H) Artificial intelligence. 

21 ‘‘(I) Semiconductors. 

22 ‘‘(J) Shipbuilding. 

23 ‘‘(K) Water, including water purification. 

24 ‘‘(2) QUANTIFICATION.—In conducting a review 

25 of industries under paragraph (1), the Committee 


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1 should specify the quantity of articles, supply chains, 

2 and services, and specific types and examples of 

3 transactions, from each industry sufficient to main4 tain national critical capabilities. 

5 ‘‘SEC. 1008. REPORTING REQUIREMENTS. 

6 ‘‘(a) ANNUAL REPORT TO CONGRESS.— 

7 ‘‘(1) IN GENERAL.—Not later than 90 days 

8 after the date of the enactment of the National Crit9 ical Capabilities Defense Act of 2021, and annually 

10 thereafter, the Committee shall submit to the appro11 priate congressional committees a report— 

12 ‘‘(A) on the determination under section 

13 1006 with respect to sensitivities and risks for 

14 sourcing of articles described in section 

15 1001(a)(11)(B)(i); 

16 ‘‘(B) assessing whether identification of 

17 additional national critical capabilities under 

18 section 1007 is necessary; and 

19 ‘‘(C) describing, for the year preceding 

20 submission of the report— 

21 ‘‘(i) the notifications received under 

22 subsection (a) of section 1003 and reviews 

23 conducted pursuant to such notifications; 


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1 ‘‘(ii) reviews initiated under para2 graph (2) or (3) of subsection (b) of that 

3 section; 

4 ‘‘(iii) actions recommended by the 

5 Committee under subsection (b)(1)(B) of 

6 that section as a result of such reviews; 

7 and 

8 ‘‘(iv) reviews during which the Com9 mittee determined no action was required; 

10 and 

11 ‘‘(D) assessing the overall impact of such 

12 reviews on national critical capabilities. 

13 ‘‘(2) FORM OF REPORT.—The report required 

14 by paragraph (1) shall be submitted in unclassified 

15 form but may include a classified annex. 

16 ‘‘(b) USE OF DEFENSE PRODUCTION ACT OF 1950 

17 AUTHORITIES.—Not later than 180 days after the date 

18 of the enactment of the National Critical Capabilities De19 fense Act of 2021, the Committee shall submit to Congress 

20 a report that includes recommendations relating to use the 

21 authorities under title III of the Defense Production Act 

22 of 1950 (50 U.S.C. 4531 et seq.) to make investments 

23 to enhance national critical capabilities and reduce de24 pendency on materials and services imported from foreign 

25 countries. 


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1 ‘‘SEC. 1009. REQUIREMENT FOR REGULATIONS. 

2 ‘‘(a) IN GENERAL.—The Committee shall prescribe 

3 regulations to carry out this title. 

4 ‘‘(b) ELEMENTS.—Regulations prescribed to carry 

5 out this title shall— 

6 ‘‘(1) provide for the imposition of civil penalties 

7 for any violation of this title, including any mitiga8 tion agreement entered into, conditions imposed, or 

9 order issued pursuant to this title; and 

10 ‘‘(2) include specific examples of the types of— 

11 ‘‘(A) the transactions that will be consid12 ered to be covered transactions; and 

13 ‘‘(B) the articles, supply chains, and serv14 ices that will be considered to be national crit15 ical capabilities. 

16 ‘‘(c) COORDINATION.—In prescribing regulations to 

17 carry out this title, the Committee shall coordinate with 

18 the United States Trade Representative, the Under Sec19 retary of Commerce for Industry and Security, and the 

20 Committee on Foreign Investment in the United States 

21 to avoid duplication of effort. 

22 ‘‘SEC. 1010. REQUIREMENTS RELATED TO GOVERNMENT 

23 PROCUREMENT. 

24 ‘‘(a) IN GENERAL.—Not later than 90 days after the 

25 date of the enactment of the National Critical Capabilities 

26 Defense Act of 2021, the Federal Acquisition Regulation 


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1 shall be revised to require each person that is a prospective 

2 contractor for an executive agency to disclose the supply 

3 chains the person would use to carry out the contract and 

4 the extent to which the person would depend on articles 

5 and services imported from foreign countries, including 

6 the percentage of such materials and services imported 

7 from countries of concern. 

8 ‘‘(b) MATERIALITY.—The head of an executive agen9 cy shall consider the failure of a person to make the disclo10 sures required by subsection (a) to be material deter11 minants in awarding a contract to that person. 

12 ‘‘(c) APPLICABILITY.—The revisions to the Federal 

13 Acquisition Regulation required under subsection (a) shall 

14 apply with respect to contracts for which solicitations are 

15 issued on or after the date that is 90 days after the date 

16 of the enactment of the National Critical Capabilities De17 fense Act of 2021. 

18 ‘‘(d) DEFINITIONS.—In this section: 

19 ‘‘(1) EXECUTIVE AGENCY.—The term ‘executive 

20 agency’ has the meaning given that term in section 

21 133 of title 41, United States Code. 

22 ‘‘(2) FEDERAL ACQUISITION REGULATION.— 

23 The term ‘Federal Acquisition Regulation’ means 

24 the regulation issued pursuant to section 1303(a)(1) 

25 of title 41, United States Code. 


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1 ‘‘SEC. 1011. MULTILATERAL ENGAGEMENT AND COORDINA2 TION. 

3 ‘‘The United States Trade Representative— 

4 ‘‘(1) should, in coordination and consultation 

5 with relevant Federal agencies, conduct multilateral 

6 engagement with the governments of countries that 

7 are allies of the United States to secure coordination 

8 of protocols and procedures with respect to covered 

9 transactions with countries of concern; and 

10 ‘‘(2) upon adoption of protocols and procedures 

11 described in paragraph (1), shall work with those 

12 governments to establish information sharing re13 gimes. 

14 ‘‘SEC. 1012. AUTHORIZATION OF APPROPRIATIONS. 

15 ‘‘There are authorized to be appropriated such sums 

16 as may be necessary to carry out this title, including to 

17 provide outreach to industry and persons affected by this 

18 title. 

19 ‘‘SEC. 1013. RULE OF CONSTRUCTION WITH RESPECT TO 

20 FREE AND FAIR COMMERCE. 

21 ‘‘Nothing in this title may be construed as prohibiting 

22 or limiting the free and fair flow of commerce outside of 

23 the United States that does not pose an unacceptable risk 

24 to a national critical capability.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of contents 

2 for the Trade Act of 1974 is amended by adding at the 

3 end the following: 

‘‘TITLE X—NATIONAL CRITICAL CAPABILITIES REVIEWS 

‘‘Sec. 1001. Definitions. 

‘‘Sec. 1002. Committee on National Critical Capabilities. 

‘‘Sec. 1003. Review of covered transactions. 

‘‘Sec. 1004. Action by the President. 

‘‘Sec. 1005. Factors to be considered. 

‘‘Sec. 1006. Supply chain sensitivities. 

‘‘Sec. 1007. Identification of additional national critical capabilities. 

‘‘Sec. 1008. Reporting requirements. 

‘‘Sec. 1009. Requirement for regulations. 

‘‘Sec. 1010. Requirements related to government procurement. 

‘‘Sec. 1011. Multilateral engagement and coordination. 

‘‘Sec. 1012. Authorization of appropriations. 

‘‘Sec. 1013. Rule of construction with respect to free and fair commerce.’’. 

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