I 
116TH CONGRESS 
2D SESSION 
H. R. 6152 
To require the Committee on Foreign Investment in the United States to 
consider whether a foreign person that is a party to a transaction 
undergoing review by the Committee is connected to a foreign country 
that has installed information and communications technology designed, 
developed, manufactured, or supplied by persons owned or controlled 
by, or subject to the jurisdiction or direction of, a foreign adversary, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 9, 2020 
Mr. GALLAGHER (for himself, Mr. TURNER, Ms. CHENEY, Mr. MCCAUL, Mr. 
BANKS, Mr. PERRY, and Mr. TIMMONS) introduced the following bill; 
which was referred to the Committee on Financial Services, and in addi-
tion to the Committees on Foreign Affairs, and Energy and Commerce, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of the 
committee concerned 
A BILL 
To require the Committee on Foreign Investment in the 
United States to consider whether a foreign person that 
is a party to a transaction undergoing review by the 
Committee is connected to a foreign country that has 
installed information and communications technology de-
signed, developed, manufactured, or supplied by persons 
owned or controlled by, or subject to the jurisdiction 
or direction of, a foreign adversary, and for other pur-
poses. 
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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 America 
From Foreign Investors Compromised by the Chinese 
Communist Party Act of 2020’’. 
SEC. 2. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) foreign investment provides substantial eco-
nomic benefits to the United States, including the 
promotion of economic growth, productivity, com-
petitiveness, and job creation, thereby enhancing na-
tional security; 
(2) maintaining the commitment of the United 
States to an open investment policy encourages 
other countries to reciprocate and helps open new 
foreign markets for United States businesses; 
(3) it should continue to be the policy of the 
United States to enthusiastically welcome and sup-
port foreign investment, consistent with the protec-
tion of national security; 
(4) at the same time, the national security land-
scape has shifted in recent years, and so has the na-
ture of the investments that pose the greatest poten-
tial risk to national security; and 
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(5) those shifts warranted the modernization of 
the authorities of the Committee on Foreign Invest-
ment in the United States under the Foreign Invest-
ment Risk Review Modernization Act of 2018 (sub-
title A of title XVII of Public Law 115–232; 132 
Stat. 2173). 
SEC. 3. MODIFICATION OF REQUIREMENT FOR REGULA-
TIONS DEFINING ‘‘FOREIGN PERSON’’ FOR 
PURPOSES OF COVERED TRANSACTIONS. 
(a) IN GENERAL.—Section 721(a)(4)(E) of the De-
fense Production Act of 1950 (50 U.S.C. 4565(a)(4)(E)) 
is amended by striking the third sentence and inserting 
the following: ‘‘Such criteria shall take into consider-
ation— 
‘‘(i) how a foreign person is connected 
to a foreign country or foreign government; 
‘‘(ii) whether that foreign country or 
foreign government has installed, or al-
lowed others to install, within its territory 
information and communications tech-
nology (including fifth-generation, or fu-
ture-generation, mobile telecommunications 
infrastructure) that is designed, developed, 
manufactured, or supplied by persons 
owned or controlled by, or subject to the 
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jurisdiction or direction of, a foreign adver-
sary (as defined in Executive Order 13873 
(50 U.S.C. 1701 note; relating to securing 
the information and communications tech-
nology and services supply chain)); 
‘‘(iii) whether the connection de-
scribed in clause (i) may affect the na-
tional security of the United States; and 
‘‘(iv) how the installation described in 
clause (ii) may affect the national security 
of the United States.’’. 
(b) REGULATIONS.—Not later than 180 days after 
the date of the enactment of this Act, the Committee on 
Foreign Investment in the United States shall prescribe 
regulations to carry out the amendment made by sub-
section (a). 
SEC. 4. UPDATE TO LIST OF EXCEPTED FOREIGN STATES. 
At least annually, the Committee on Foreign Invest-
ment in the United States shall review and update foreign 
states included in the definition of ‘‘excepted foreign 
states’’ as defined under section 800.218 of title 31, Code 
of Federal Regulations. 
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SEC. 5. REPORT ON ALTERNATIVES TO FUTURE-GENERA-
TION MOBILE TELECOMMUNICATIONS INFRA-
STRUCTURE SUPPORTED BY THE GOVERN-
MENT 
OF 
THE 
PEOPLE’S 
REPUBLIC 
OF 
CHINA. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the President shall sub-
mit to the appropriate congressional committees a report 
describing whether and how the United States Govern-
ment is coordinating with close trade and investment part-
ners of the United States to develop alternatives to fifth- 
generation, or future-generation, mobile telecommuni-
cations infrastructure supported by the Government of the 
People’s Republic of China. 
(b) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional committees’’ means— 
(1) the Committee on Commerce, Science, and 
Transportation, the Committee on Banking, Hous-
ing, and Urban Affairs, and the Committee on For-
eign Relations of the Senate; and 
(2) the Committee on Energy and Commerce, 
the Committee on Financial Services, and the Com-
mittee on Foreign Affairs of the House of Rep-
resentatives. 
Æ 
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