I 
118TH CONGRESS 
1ST SESSION H. R. 6349 
To prohibit or require notification with respect to certain activities of United 
States persons involving countries of concern, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 9, 2023 
Mr. MCCAUL (for himself and Mr. MEEKS) introduced the following bill; which 
was referred to the Committee on Foreign Affairs 
A BILL 
To prohibit or require notification with respect to certain 
activities of United States persons involving countries 
of concern, 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 ‘‘Preventing Adversaries 
from Developing Critical Capabilities Act’’. 
SEC. 2. EXERCISE OF AUTHORITIES UNDER THE INTER-
NATIONAL EMERGENCY ECONOMIC POWERS 
ACT. 
(a) IN GENERAL.—The President may exercise all 
authorities provided under the International Emergency 
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Economic Powers Act (50 U.S.C. 1701 et seq.) necessary 
to carry out the provisions of this Act, including authori-
ties to impose penalties under section 206 of such Act. 
(b) DELEGATION.—The President may delegate the 
authorities described in subsection (a) to the head of any 
Federal agency the President determines appropriate in 
order to carry out the provisions of this Act. 
SEC. 3. PROHIBITION ON COVERED ACTIVITIES IN COV-
ERED SECTORS THAT POSE PARTICULARLY 
ACUTE THREATS TO UNITED STATES NA-
TIONAL SECURITY. 
(a) IDENTIFICATION
OF CATEGORIES
OF TECH-
NOLOGIES AND PRODUCTS.— 
(1) IN
GENERAL.—Not later than one year 
after the date of the enactment of this Act, and an-
nually thereafter as described in paragraph (2), the 
President— 
(A) shall identify categories of technologies 
and products in covered sectors that may pose 
a particularly acute threat to the national secu-
rity of the United States if developed or ac-
quired by a country of concern; and 
(B) publish a list of the categories of tech-
nologies and products identified under para-
graph (1) in the Federal Register. 
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(2) UPDATES.—The President shall annually 
review and update the list of the categories of tech-
nologies and products identified under paragraph 
(1)(A) and update the Federal Register under para-
graph (1)(B) as appropriate. 
(b) PROHIBITION
ON COVERED ACTIVITIES.—The 
President shall, on or after the date on which the initial 
list of categories of technologies and products is published 
in the Federal Register pursuant to subsection (a)(1)(B), 
prescribe, subject to public notice and comment, regula-
tions to prohibit a United States person from engaging, 
directly or indirectly, in a covered activity involving a cat-
egory of technologies and products on such list of cat-
egories of technologies and products in a covered sector. 
Such regulations should— 
(1) require that a United States person take all 
reasonable steps to prohibit and prevent any trans-
action by a foreign entity under the control of the 
United States person that would be a prohibited 
transaction if engaged in by a United States person; 
and 
(2) exclude any transaction consisting of the ac-
quisition of an equity or other interest in an entity 
located outside a country of concern, where the 
President has determined that the government of the 
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country in which that entity is established or has its 
principal place of business has in place a program 
for the restriction of certain activities involving 
countries of concern that is comparable to the provi-
sions provided for in this Act. 
(c) SENSE OF CONGRESS.—It is the sense of Con-
gress that the covered sectors include certain categories 
of technologies and products that would pose a particu-
larly acute threat to the national security of the United 
States if developed or acquired by a country of concern, 
and that the President should identify certain technologies 
and products in the covered sectors as categories of tech-
nologies and products in covered sectors for purposes of 
subsection (a)(1). 
SEC. 4. MANDATORY NOTIFICATION OF COVERED ACTIVI-
TIES IN COVERED SECTORS THAT MAY POSE 
THREATS TO UNITED STATES NATIONAL SE-
CURITY. 
(a) IDENTIFICATION
OF CATEGORIES
OF TECH-
NOLOGIES AND PRODUCTS.—Not later than one year after 
the date of the enactment of this Act, the President 
shall— 
(1) identify categories of technologies and prod-
ucts in covered sectors that may pose a threat to the 
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such information or documentary material may be 
made public by any government agency or Member 
of Congress. 
(2) EXCEPTIONS.—Subject to appropriate con-
fidentiality and classification requirements, the ex-
emption from disclosure provided by paragraph (1) 
shall not prevent the disclosure of the following: 
(A) Information relevant to any adminis-
trative or judicial action or proceeding. 
(B) Information provided to Congress or 
any of the appropriate congressional commit-
tees. 
(C) Information important to national se-
curity analysis or actions of the President to 
any domestic government entity, or to any for-
eign governmental entity of an ally or partner 
of the United States, under the direction and 
authorization of the President, only to the ex-
tent necessary for national security purposes. 
(D) Information that the parties have con-
sented to be disclosed to third parties. 
SEC. 5. REPORTING REQUIREMENTS. 
(a) IN GENERAL.—Not later than one year after the 
date on which the regulations prescribed under section 6 
take effect, and not less frequently than annually there-
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after, the President shall submit to the appropriate con-
gressional committees a report that— 
(1) lists all notifications submitted under sec-
tion 4(b) during the year preceding submission of 
the report, disaggregated by— 
(A) sector; 
(B) covered activity; 
(C) covered foreign entity; and 
(D) country of concern; 
(2) an assessment of whether to amend the reg-
ulations, including whether to amend the definition 
of ‘‘covered sectors’’ to enhance national security; 
(3) provides additional context and information 
regarding trends in the sectors, the types of covered 
activity, and the countries involved in those notifica-
tions, including— 
(A) the location of the relevant covered for-
eign entities; and 
(B) the country in which the United States 
person or foreign entity controlled by such 
United States person involved in the relevant 
covered activity is located; and 
(4) assesses the overall impact of those notifica-
tions, including recommendations for— 
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(A) expanding existing Federal programs 
to support the production or supply of covered 
sectors in the United States, including the po-
tential of existing authorities to address any re-
lated national security concerns; and 
(B) the continuation, expansion, or modi-
fication of the implementation and administra-
tion of this Act. 
(b) FORM.—Each report required by this section 
shall be submitted in unclassified form, but may include 
a classified annex. 
(c) PROHIBITION
ON
DISCLOSURE.—Information 
contained in each report required by this section may be 
withheld from disclosure only to the extent otherwise per-
mitted by statute, except that all information included 
pursuant to subsection (a)(1) shall be withheld from public 
disclosure. 
SEC. 6. REQUIREMENT FOR REGULATIONS. 
(a) IN GENERAL.—Not later than 180 days after the 
date on which the initial list of categories of technologies 
and products have been published in the Federal Register 
pursuant to sections 3(a)(1)(B) and 4(a)(2), the President 
shall prescribe and finalize proposed regulations to carry 
out this Act. 
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(b) ELEMENTS.—Regulations prescribed to carry out 
this Act shall specify— 
(1) the types of activities that will be considered 
to be covered activities; 
(2) the technologies and products in covered 
sectors with respect to which covered activities are 
prohibited under section 3(b) or require a notifica-
tion under section 4(b); and 
(3) a process by which parties can ask ques-
tions and get timely guidance as to whether a cov-
ered activity is prohibited under section 3(b) or re-
quires a notification under section 4(b). 
(c) REQUIREMENTS FOR CERTAIN REGULATIONS.— 
The President shall prescribe regulations further defining 
the terms used in this Act, including the terms ‘‘covered 
activity’’, ‘‘covered foreign entity’’, and ‘‘party’’, to maxi-
mize the effectiveness of carrying out this Act in accord-
ance with subchapter II of chapter 5 and chapter 7 of 
title 5 (commonly known as the ‘‘Administrative Proce-
dure Act’’). 
(d) PUBLIC NOTICE AND COMMENT.—Regulations 
issued pursuant to subsection (a) shall be subject to public 
notice and comment. 
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(e) LOW-BURDEN
REGULATIONS.—In prescribing 
regulations under this section, the President shall, to the 
extent practicable, structure the regulations— 
(1) to minimize the cost and complexity of com-
pliance for affected parties; 
(2) to ensure the benefits of the regulations 
outweigh their costs; 
(3) to adopt the least burdensome alternative 
that achieves regulatory objectives; 
(4) to prioritize transparency and stakeholder 
involvement in the process of prescribing the regula-
tions; and 
(5) to regularly review and streamline existing 
regulations promulgated pursuant to this Act to re-
duce redundancy and complexity. 
(f) PENALTIES
WITH
RESPECT
TO
UNLAWFUL 
ACTS.—Regulations issued under this section shall, con-
sistent with the authority provided by section 2(a), provide 
for the imposition of civil penalties for violations of this 
section, that involve— 
(1) engaging in a covered activity prohibited 
under section 3(b) pursuant to the regulations 
issued under this section; 
(2) failing to submit a timely notification under 
section 4(b) with respect to a covered activity or to 
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submit other information as required by the des-
ignated agency; or 
(3) submitting a material misstatement or omit-
ting a material fact in any information submitted in 
a notification under section 4(b). 
(g) ENFORCEMENT.—Consistent with the authority 
provided by section 2(a), the President may direct the At-
torney General to seek appropriate relief in the district 
courts of the United States, in order to implement and 
enforce this Act. 
(h) CONGRESSIONAL NOTIFICATION.—The President 
shall submit to the appropriate congressional committees 
all regulations prescribed to carry out this Act not later 
than 30 days before such regulations are to take effect. 
SEC. 7. MULTILATERAL ENGAGEMENT AND COORDINA-
TION. 
(a) IN GENERAL.—The President shall delegate the 
authorities and functions under this section to the Sec-
retary of State. 
(b) AUTHORITIES.—The Secretary of State, in co-
ordination with the heads or other relevant Federal agen-
cies, should— 
(1) conduct bilateral and multilateral engage-
ment with the governments of countries that are al-
lies and partners of the United States to promote 
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and increase coordination of protocols and proce-
dures to facilitate the effective implementation of 
and appropriate compliance with the prohibitions 
and notifications pursuant to this Act; 
(2) upon adoption of protocols and procedures 
described in paragraph (1), work with those govern-
ments to establish mechanisms for sharing informa-
tion, including trends, with respect to such activities; 
and 
(3) work with and encourage the governments 
of countries that are allies and partners of the 
United States to develop similar mechanisms of their 
own. 
(c) STRATEGY
FOR MULTILATERAL ENGAGEMENT 
AND COORDINATION.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of State, 
in coordination with the heads of other relevant Federal 
agencies, should— 
(1) develop a strategy to work with the govern-
ments of countries that are allies and partners of 
the United States to develop mechanisms that are 
comparable to the prohibitions and notifications pur-
suant to this Act; and 
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(2) assess opportunities to provide technical as-
sistance to those countries with respect to the devel-
opment of those mechanisms. 
(d) REPORT.—Not later than one year after the date 
of the enactment of this Act, and annually thereafter for 
4 years, the Secretary of State shall submit to the appro-
priate congressional committees a report that includes— 
(1) a discussion of any strategy developed pur-
suant to subsection (c)(1), including key tools and 
objectives for the development of comparable mecha-
nisms by the governments of allies and partners of 
the United States; 
(2) a list of partner and allied countries to tar-
get for cooperation in developing their own screening 
programs; 
(3) the status of the strategy’s implementation 
and outcomes; and 
(4) a description of impediments to the estab-
lishment of comparable mechanisms by governments 
of allies and partners of the United States. 
SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There is authorized to be appro-
priated $25,000,000, to be derived from amounts other-
wise authorized to be appropriated to the President, for 
each of the first two fiscal years beginning on or after 
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the date of the enactment of this Act, to carry out this 
Act, including to provide outreach to industry and persons 
affected by this Act. 
(b) HIRING AUTHORITY.— 
(1) PRESIDENT.—The President may appoint, 
without regard to the provisions of sections 3309 
through 3318 of title 5, United States Code, not 
more than 15 candidates directly to positions in the 
competitive service (as defined in section 2102 of 
that title). 
(2) AGENCY.—The head of the Federal depart-
ment or agency designated under section 2(b) to 
hold primary responsibility for administering this 
Act may appoint, without regard to the provisions of 
sections 3309 through 3318 of title 5, United States 
Code, not fewer than 25 candidates directly to posi-
tions in the competitive service (as defined in section 
2102 of that title) of such department or agency. 
(3) PRIMARY
RESPONSIBILITY.—The primary 
responsibility of individuals in positions authorized 
to be hired under this subsection shall be to admin-
ister this Act. 
SEC. 9. RULE OF CONSTRUCTION. 
Nothing in this Act may be construed to— 
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(1) restrain or deter United States activities 
abroad if such activities do not pose a risk to the na-
tional security of the United States; or 
(2) alter or negate the authority of the Presi-
dent under any authority, process, regulation, inves-
tigation, enforcement measure, or review provided by 
or established under any other provision of Federal 
law, or any other authority of the President or the 
Congress under the Constitution of the United 
States. 
SEC. 10. NATIONAL INTEREST WAIVER. 
(a) IN GENERAL.—Subject to subsection (b), the 
President is authorized to exempt from any applicable pro-
hibition or notification requirement any activity deter-
mined by the President, in consultation with the heads of 
relevant Federal agencies, as appropriate, to be in the na-
tional interest of the United States. 
(b) CONGRESSIONAL NOTIFICATION.—The President 
shall— 
(1) notify the appropriate congressional com-
mittees not later than 48 hours after issuing a waiv-
er under subsection (a); and 
(2) include in such notification an identification 
of the national interest justifying the use of the 
waiver. 
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SEC. 11. DEFINITIONS. 
In this Act: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Foreign Affairs, the 
Committee on Financial Services, the Com-
mittee on Ways and Means, the Committee on 
Appropriations, and the Permanent Select Com-
mittee on Intelligence of the House of Rep-
resentatives; and 
(B) the Committee on Foreign Relations, 
the Committee on Banking, Housing, and 
Urban Affairs, the Committee on Finance, the 
Committee on Appropriations, and the Select 
Committee on Intelligence of the Senate. 
(2) COUNTRY OF CONCERN.—The term ‘‘coun-
try of concern’’— 
(A) means— 
(i) the Democratic People’s Republic 
of North Korea; 
(ii) the People’s Republic of China, in-
cluding the Hong Kong Special Adminis-
trative Region and the Macau Special Ad-
ministrative Region; 
(iii) the Russian Federation; and 
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(iv) the Islamic Republic of Iran; and 
(B) includes any other country the Presi-
dent determines necessary to ensure a country 
specified in clause (i), (ii), (iii), or (iv) of sub-
paragraph (A) is unable to circumvent the pro-
visions of this Act and the regulations issued 
pursuant to this Act. 
(3) COVERED ACTIVITY.— 
(A) IN GENERAL.—Subject to such regula-
tions as may be prescribed in accordance with 
section 7, and except as provided in subpara-
graph (B), the term ‘‘covered activity’’ means 
any activity engaged in by a United States per-
son that involves— 
(i) an acquisition by such United 
States person of an equity interest or con-
tingent equity interest, or monetary capital 
contribution, in a covered foreign entity, 
directly or indirectly, by contractual com-
mitment or otherwise, with the goal of gen-
erating income or gain; 
(ii) an arrangement for an interest 
held by such United States person in the 
short- or long-term debt obligations of a 
covered foreign entity that includes govern-
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ance rights that are characteristic of an 
equity investment, management, or other 
important rights; 
(iii) the establishment of a wholly 
owned subsidiary in a country of concern, 
such as a greenfield investment, for the 
purpose of production, design, testing, 
manufacturing, fabrication, or development 
related to one or more covered sectors; 
(iv) the establishment by such United 
States person of a joint venture in a coun-
try of concern or with a covered foreign en-
tity for the purpose of production, design, 
testing, manufacturing, fabrication, or re-
search, or other contractual or other com-
mitments involving a covered foreign entity 
to jointly research and develop new innova-
tion, including through the transfer of cap-
ital or intellectual property or other busi-
ness proprietary information; or 
(v) the acquisition by a United States 
person with a covered foreign entity of— 
(I) operational cooperation, such 
as through supply or support arrange-
ments; 
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(II) the right to board represen-
tation (as an observer, even if limited, 
or as a member) or an executive role 
(as may be defined through regula-
tion) in a covered foreign entity; 
(III) the ability to direct or influ-
ence such operational decisions as 
may be defined through such regula-
tions; 
(IV) formal governance represen-
tation in any operating affiliate, such 
as a portfolio company, of a covered 
foreign entity; or 
(V) a new relationship to share 
or provide business services, such as 
financial services, marketing services, 
maintenance, or assembly functions; 
or 
(vi) knowingly directing transactions 
by foreign persons that would constitute 
covered activity if engaged in by a United 
States person. 
(B) EXCEPTIONS.—The term ‘‘covered ac-
tivity’’ does not include— 
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(i) any transaction the value of which 
the President determines is de minimis, as 
defined in regulations prescribed in accord-
ance with section 6; 
(ii) any category of transactions that 
the President determines is in the national 
interest of the United States, as may be 
defined in regulations prescribed in accord-
ance with section 6; 
(iii) an investment in— 
(I) a publicly traded security (as 
such term is defined in section 
3(a)(10) of the Securities Exchange 
Act of 1934); or 
(II) an index fund, mutual fund, 
exchange-traded fund, or a similar in-
strument (including associated deriva-
tives) offered by an investment com-
pany (as such term is defined in sec-
tion 3(a)(1) of the Investment Com-
pany Act of 1940), or by a private in-
vestment fund; 
(III) a venture capital fund, pri-
vate equity fund, fund of funds, or 
other pooled investment funds, as the 
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limited partner, in each case in which 
the limited partner’s contribution is 
solely capital in a limited partnership 
structure and— 
(aa) the limited partner can-
not make managerial decisions, is 
not responsible for any debts be-
yond its investment, and does not 
have the ability (formally or in-
formally) to influence or partici-
pate in the fund’s or a covered 
foreign entity’s decision making 
or operations; and 
(bb) the investment is below 
a de minimis threshold to be de-
termined by the President; 
(iv) the acquisition of the equity or 
other interest owned or held by a covered 
foreign entity in an entity or assets located 
outside of a country of concern in which 
the United States person is acquiring all 
interests in the entity or assets held by 
covered foreign entity; 
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(v) an intracompany transfer of funds 
from a United States parent company to a 
subsidiary located in a country of concern; 
(vi) a transaction made pursuant to a 
binding, uncalled capital commitment en-
tered into before the date on which the 
regulations prescribed in accordance with 
section 6 take effect; or 
(vii) any ordinary or administrative 
business transaction as may be defined in 
such regulations. 
(4) COVERED
FOREIGN
ENTITY.—Subject to 
regulations prescribed in accordance with section 6, 
the term ‘‘covered foreign entity’’ means the fol-
lowing: 
(A) Any entity that is incorporated in, has 
a principal place of business in, or is organized 
under the laws of a country of concern. 
(B) Any entity the equity securities of 
which are traded in the ordinary course of busi-
ness on one or more exchanges in a country of 
concern. 
(C) Any agency or instrumentality of the 
government of a country of concern. 
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(D) Any other entity that is not a United 
States person and that meets such criteria as 
may be specified by the President in such regu-
lations prescribed in accordance with section 6. 
(5) COVERED SECTORS.—Subject to regulations 
prescribed in accordance with section 6, the term 
‘‘covered sectors’’ includes sectors within the fol-
lowing areas: 
(A) Semiconductors and microelectronics. 
(B) Artificial intelligence. 
(C) Quantum information science and 
technology. 
(D) Hypersonics. 
(E) 
High-performance 
computing 
and 
supercomputing. 
(6) PARTY.—The term ‘‘party’’, with respect to 
an activity, has the meaning given that term in reg-
ulations prescribed in accordance with section 7. 
(7) 
UNITED
STATES
PERSON.—The 
term 
‘‘United States person’’ means— 
(A) an individual who is a United States 
citizen or an alien lawfully admitted for perma-
nent residence to the United States; or 
(B) an entity organized under the laws of 
the United States or of any jurisdiction within 
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the United States, including any foreign branch 
of such an entity. 
Æ 
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