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. 
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 ‘‘National Critical Capa-
bilities Defense Act of 2021’’. 
SEC. 2. NATIONAL CRITICAL CAPABILITIES REVIEWS. 
(a) IN GENERAL.—The Trade Act of 1974 (19 
U.S.C. 2101 et seq.) is amended by adding at the end 
the following: 
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‘‘TITLE X—NATIONAL CRITICAL 
CAPABILITIES REVIEWS 
‘‘SEC. 1001. DEFINITIONS. 
‘‘In this title: 
‘‘(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘appropriate congressional com-
mittees’ means— 
‘‘(A) the Committee on Finance, the Com-
mittee on Armed Services, the Committee on 
Banking, Housing, and Urban Affairs, the 
Committee on Commerce, Science, and Trans-
portation, the Committee on Health, Education, 
Labor, and Pensions, and the Committee on 
Homeland Security and Governmental Affairs 
of the Senate; and 
‘‘(B) the Committee on Ways and Means, 
the Committee on Armed Services, the Com-
mittee on Education and Labor, the Committee 
on Financial Services, the Committee on Home-
land Security, and the Committee on Transpor-
tation and Infrastructure of the House of Rep-
resentatives. 
‘‘(2) 
COMMITTEE.—The 
term 
‘Committee’ 
means the Committee on National Critical Capabili-
ties established under section 1002. 
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‘‘(3) CONTROL.—The term ‘control’ means the 
power, direct or indirect, whether exercised or not 
exercised, to determine, direct, or decide important 
matters affecting an entity, subject to regulations 
prescribed by the Committee. 
‘‘(4) COUNTRY OF CONCERN.—The term ‘coun-
try of concern’— 
‘‘(A) has the meaning given the term ‘for-
eign adversary’ in section 8(c)(2) of the Secure 
and Trusted Communications Networks Act of 
2019 (47 U.S.C. 1607(c)(2)); and 
‘‘(B) may include a nonmarket economy 
country (as defined in section 771(18) of the 
Tariff Act of 1930 (19 U.S.C. 1677(18))) iden-
tified by the Committee for purposes of this 
paragraph by regulation. 
‘‘(5) COVERED TRANSACTION.— 
‘‘(A) IN GENERAL.—Except as otherwise 
provided, the term ‘covered transaction’ means 
any of the following transactions, proposed or 
pending on or after the date of the enactment 
of this title: 
‘‘(i) Any transaction by a United 
States business that— 
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‘‘(I) shifts or relocates to a coun-
try of concern, or transfers to an enti-
ty of concern, the design, develop-
ment, production, manufacture, fab-
rication, supply, servicing, testing, 
management, operation, investment, 
ownership, or any other essential ele-
ments involving one or more national 
critical capabilities identified under 
subparagraph (B)(ii); or 
‘‘(II) could result in an unaccept-
able risk to a national critical capa-
bility. 
‘‘(ii) Any other transaction, transfer, 
agreement, or arrangement, the structure 
of which is designed or intended to evade 
or circumvent the application of this title, 
subject to regulations prescribed by the 
Committee. 
‘‘(B) REGULATIONS.— 
‘‘(i) IN
GENERAL.—The Committee 
shall prescribe regulations further defining 
the term ‘covered transaction’ in accord-
ance with subchapter II of chapter 5, and 
chapter 7, of title 5, United States Code 
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(commonly known as the ‘Administrative 
Procedure Act’). 
‘‘(ii) IDENTIFICATION
OF
NATIONAL 
CRITICAL CAPABILITIES.—For purposes of 
subparagraph (A)(I), the regulations pre-
scribed by the Committee under clause (i) 
shall— 
‘‘(I) identify the national critical 
capabilities subject to that subpara-
graph based on criteria intended to 
limit application of that subparagraph 
to the subset of national critical capa-
bilities that is likely to pose an unac-
ceptable risk to the national security 
and crisis preparedness of the United 
States; and 
‘‘(II) 
enumerate, 
quantify, 
prioritize, and set forth sufficient al-
lowances of, specific types and exam-
ples of such capabilities. 
‘‘(6) CRISIS PREPAREDNESS.—The term ‘crisis 
preparedness’ means preparedness for— 
‘‘(A) a public health emergency declared 
under section 319 of the Public Health Service 
Act (42 U.S.C. 247d); or 
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