I 
118TH CONGRESS 
2D SESSION 
H. R. 8924 
To require the Secretary of Commerce to identify and report on foreign 
adversary entities using intellectual property related to emerging tech-
nology without a license, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 2, 2024 
Mrs. KIM of California (for herself and Mr. MOOLENAAR) introduced the 
following bill; which was referred to the Committee on Foreign Affairs 
A BILL 
To require the Secretary of Commerce to identify and report 
on foreign adversary entities using intellectual property 
related to emerging technology without a license, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting American 
Innovation and Development Act of 2024’’ or the ‘‘PAID 
Act of 2024’’. 
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SEC. 2. STATEMENT OF POLICY. 
Section 1752(2) of the Export Control Reform Act 
of 2018 (50 U.S.C. 4811(2)) is amended by inserting after 
subparagraph (G) the following: 
‘‘(H) To ensure the continued strength 
and leadership of the United States in the re-
search and development of critical and emerg-
ing technologies.’’. 
SEC. 3. PUBLIC TRANSPARENCY REGARDING FOREIGN AD-
VERSARY ENTITIES USING INTELLECTUAL 
PROPERTY 
RELATED 
TO 
CRITICAL 
OR 
EMERGING TECHNOLOGY WITHOUT A LI-
CENSE. 
(a) IN GENERAL.—Part I of the Export Control Re-
form Act of 2018 (50 U.S.C. 4811 et seq.) is amended 
by inserting after section 1758 the following: 
‘‘SEC. 1758A. PUBLIC TRANSPARENCY REGARDING FOR-
EIGN ADVERSARY ENTITIES USING INTEL-
LECTUAL PROPERTY RELATED TO CRITICAL 
OR EMERGING TECHNOLOGY WITHOUT A LI-
CENSE. 
‘‘(a) IDENTIFICATION.— 
‘‘(1) IN GENERAL.—The Secretary shall publish 
in the Federal Register a notice that identifies a for-
eign adversary entity if a majority of the members 
of the End-User Review Committee determines that 
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the foreign adversary entity is using a patented in-
vention or covered trade secret without a license, in-
cluding if a majority of the members of the Com-
mittee determines that the foreign adversary enti-
ty— 
‘‘(A) is manufacturing or selling a product 
that incorporates a patented invention or cov-
ered trade secret without a license; 
‘‘(B) acquired a patented invention or cov-
ered trade secret through improper means, in-
cluding— 
‘‘(i) theft; 
‘‘(ii) bribery; 
‘‘(iii) misrepresentation; 
‘‘(iv) breach of, or an inducement of a 
breach of, a duty to maintain secrecy; or 
‘‘(v) espionage; or 
‘‘(C) disclosed a patented invention or cov-
ered trade secret without express or implied 
consent. 
‘‘(2) IDENTIFICATION BY PETITION.— 
‘‘(A) IN GENERAL.—A United States per-
son may submit a petition to the End-User Re-
view Committee requesting the Committee to 
make a determination in accordance with the 
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requirements of paragraph (1) for purposes of 
the Secretary publishing in the Federal Reg-
ister a notice that identifies a foreign adversary 
entity in accordance with the requirements of 
paragraph (1) if the United States person— 
‘‘(i) has reason to believe that a for-
eign entity is using a patented invention or 
covered trade secret without a license; and 
‘‘(ii) is the owner of that patented in-
vention or covered trade secret. 
‘‘(B) DEADLINE.—After the End-User Re-
view Committee receives a petition submitted 
under subparagraph (A), the Committee shall 
make a determination with respect to the peti-
tion in accordance with the requirements of 
paragraph (1) not later than 90 days after the 
date on which the Committee receives the peti-
tion. 
‘‘(3) REMOVAL.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
publish in the Federal Register a subsequent 
notice with respect to a foreign adversary entity 
identified in the Federal Register under the 
process described in this section if the Sec-
retary, in consultation with the other members 
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subparagraph (A), the foreign adversary entity 
or the owner of the patented invention or cov-
ered secret may petition the Secretary to have 
the Secretary publish in the Federal Register a 
subsequent notice with respect to the foreign 
adversary entity. 
‘‘(b) REPORT REQUIRED.—Upon request from any of 
the appropriate congressional committees, the Secretary 
shall submit to the appropriate congressional committees 
a report that includes a list of all foreign adversary enti-
ties identified in the Federal Register under the process 
described in this section, including a written explanation 
of the reasons therefor. 
‘‘(c) DEFINITION OF CRITICAL OR EMERGING TECH-
NOLOGY.—In this section, the term ‘critical or emerging 
technology’ includes any technology defined by the Under 
Secretary of Defense for Research and Engineering as a 
‘critical technology area’ as soon as practicable on or after 
the date of the enactment of this section. 
‘‘(d) OTHER DEFINITIONS.—In this section: 
‘‘(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘appropriate congressional com-
mittees’ means— 
‘‘(A) the Committee on Banking, Housing, 
and Urban Affairs of the Senate; and 
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‘‘(B) the Committee on Foreign Affairs 
and the Select Committee on the Strategic 
Competition Between the United States and the 
Chinese Communist Party of the House of Rep-
resentatives. 
‘‘(2) END-USER
REVIEW
COMMITTEE.—The 
term ‘End-User Review Committee’ means the End- 
User Review Committee described in Supplement 
No. 9 to part 748(1) of the Export Administration 
Regulations, or any successor regulation, as making 
decisions related to export controls. 
‘‘(3) FOREIGN ADVERSARY.—The term ‘foreign 
adversary’ means— 
‘‘(A) the People’s Republic of China (in-
cluding the Special Administrative Regions of 
China, including Hong Kong and Macau); 
‘‘(B) the Russian Federation; 
‘‘(C) the Republic of Cuba; 
‘‘(D) the Democratic People’s Republic of 
Korea; 
‘‘(E) the Islamic Republic of Iran; and 
‘‘(F) the Venezuelan regime under the 
leadership of Nicolas Maduro. 
‘‘(4) FOREIGN ADVERSARY ENTITY.—The term 
‘foreign adversary entity’— 
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‘‘(A) means— 
‘‘(i) an individual who is a citizen or 
national (as defined in section 101(a) of 
the Immigration and Nationality Act (8 
U.S.C. 1101(a))) of a foreign adversary; 
‘‘(ii) an entity that is headquartered 
in, or organized under the laws of, or has 
its principal place of business in a foreign 
adversary; 
‘‘(iii) an entity subject to the control 
(as that term is defined in section 800.208 
of subpart B of chapter VIII of title 31, 
Code of Federal Regulations, or any suc-
cessor regulations) of any entity or com-
bination of entities described in clause (i) 
or (ii); or 
‘‘(iv) any successor, subsidiary, or af-
filiate of any entity described in clause (i), 
(ii), or (iii); but 
‘‘(B) does not include any entity with re-
spect to which— 
‘‘(i) a majority of the equity interest 
in the entity is owned by nationals of the 
United States and nationals of such coun-
tries (other than a foreign adversary) as 
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are identified for purposes of this subpara-
graph pursuant to regulations prescribed 
by the Secretary; or 
‘‘(ii) its ultimate parent entity is an 
entity organized under the laws of, and 
headquartered in, the United States or its 
States, territories, or subdivisions. 
‘‘(5) OWNER OF THE PATENTED INVENTION OR 
COVERED TRADE SECRET.—The term ‘owner of the 
patented invention or covered trade secret’ means— 
‘‘(A) in the case of a patented invention, 
the person or entity in whom or in which right-
ful legal or equitable title to, or license in, the 
applicable patent is reposed; and 
‘‘(B) in the case of a covered trade secret, 
the person or entity in whom or in which right-
ful legal or equitable title to, or license in, the 
applicable trade secret is reposed. 
‘‘(6) PATENTED INVENTION.—The term ‘pat-
ented invention’ means an invention— 
‘‘(A) related to critical or emerging tech-
nology; and 
‘‘(B) protected by a patent— 
‘‘(i) issued under title 35, United 
States Code; and 
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‘‘(ii) with respect to which the rightful 
legal or equitable title to, or license in such 
patent is reposed in a United States per-
son. 
‘‘(7) COVERED TRADE SECRET.—The term ‘cov-
ered trade secret’ means a trade secret (as such 
term is defined in section 1839 of title 18, United 
States Code)— 
‘‘(A) related to critical or emerging tech-
nology; and 
‘‘(B) with respect to which the rightful 
legal or equitable title to, or license in, the 
trade secret is reposed in a United States per-
son.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 2(b) of the John S. McCain National Defense 
Authorization Act for Fiscal Year 2019 and the table of 
contents at the beginning of title XVII of division A of 
such Act are each amended by inserting after the item 
relating to section 1758 the following new item: 
‘‘Sec. 1758A. Public transparency regarding foreign adversary entities using in-
tellectual property related to critical or emerging technology 
without a license.’’. 
Æ 
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