ADVERSARIES Act

Bill Number

H.R. 6331

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Foreign Trade and International Finance

Status

Introduced

Latest Action

2026-04-22: Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 44 - 0.

Last Updated

2026-05-21T12:20:27Z

AI-Generated Summary

Purpose of the Legislation

The ADVERSARIES Act (H.R. 6331) aims to strengthen U.S. national security by updating definitions in the Export Control Reform Act of 2018 (ECRA). It expands restrictions on exports and technology transfers to certain foreign entities, particularly those linked to strategic adversaries like China, to prevent vulnerabilities in sensitive areas such as research and industrial activities.

Key Provisions

• Short Title: The bill is officially named the "Addressing Dangerous Vulnerabilities in Exports and Research to Strategic Adversaries, Regimes, and Industrial Entities of Security Concern Act" or the "ADVERSARIES Act."
• Amendments to ECRA Definitions (Section 1742, 50 U.S.C. 4801):
• Paragraph (5) Expansion: Redefines the term (likely "person" or "covered entity" in export control contexts) to explicitly include:
• Natural persons and corporations (restructuring existing language for clarity).
• Entities identified as Chinese military companies under Section 1260H(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note).
• Entities listed in Supplement No. 4 to Part 744 of Title 15, Code of Federal Regulations (or successors), maintained by the Bureau of Industry and Security (BIS) in the Department of Commerce—commonly known as the Entity List, which flags companies involved in activities contrary to U.S. national security or foreign policy interests.
• Entities listed in Supplement No. 7 to Part 744 of Title 15, Code of Federal Regulations (or successors), known as the Military End User (MEU) List, targeting foreign entities seeking controlled items for military end uses.
• Any subsidiary or affiliate owned 50% or more (directly or indirectly) by the above entities, regardless of location.
• Paragraph (6) Modification: Removes the word "foreign" from the definition (likely broadening it to include domestic or non-foreign elements in certain export control scenarios, though exact term is not specified in the bill text).

Significant Changes to Existing Law

• Broadening of Definitions: Previously, ECRA definitions focused on natural persons and corporations with a "foreign" qualifier. This bill restructures and expands Paragraph (5) to explicitly incorporate specific government-maintained lists (e.g., Entity List and MEU List) and Chinese military company designations, making it easier to apply export controls without needing case-by-case determinations.
• Ownership Threshold Inclusion: Introduces a clear 50% ownership rule for subsidiaries and affiliates, aligning with standard "control" tests in U.S. regulations but applying it directly to adversarial entity lists.
• Removal of "Foreign" Limiter: Striking "foreign" in Paragraph (6) potentially extends certain restrictions beyond just overseas actors, though this depends on the precise term being amended (e.g., if it relates to "persons" or "directors," it could affect U.S.-based affiliates).

These changes build on ECRA's framework, which shifted export controls for military items from the State Department to the Commerce Department in 2018, by targeting emerging threats from state-sponsored entities.

Potential Impacts

• On Government Agencies: The Department of Commerce's BIS will see increased enforcement responsibilities, as the expanded definitions automate inclusion of listed entities, potentially streamlining licensing reviews but requiring updates to regulations. Other agencies like the Department of Defense may benefit from reduced technology leakage to adversaries.
• On Citizens and Businesses: U.S. companies and researchers involved in exports, technology transfers, or collaborations will face stricter compliance requirements, including due diligence on partners' ownership ties. This could limit business opportunities with affected foreign entities but enhance protection of sensitive technologies.
• On International Relations: Strengthens U.S. efforts to curb technology flows to China and other regimes of concern, potentially escalating trade tensions or prompting retaliatory measures. It may influence alliances by signaling robust export controls to partners like those in the Five Eyes intelligence-sharing network.

Main Stakeholders Affected

• U.S. Exporters and Tech Firms: Companies in semiconductors, aerospace, and dual-use technologies (items with both civilian and military applications) must navigate broader restrictions.
• Foreign Entities: Chinese military companies, their subsidiaries/affiliates, and those on BIS lists (e.g., Huawei or other flagged firms) face heightened barriers to U.S. goods and tech.
• Government Bodies: BIS (Commerce Department) for enforcement; Department of Defense for military company identifications; Congress for oversight.
• Researchers and Academia: Individuals or institutions collaborating internationally may need to screen partners more rigorously to avoid violations.

Notable Legal, Constitutional, or Political Implications

• Legal: Aligns with existing executive authorities under ECRA and the International Emergency Economic Powers Act, providing statutory clarity to BIS lists and reducing litigation risks over ambiguous definitions. The 50% ownership rule mirrors precedents in sanctions law (e.g., under the Treasury Department's Office of Foreign Assets Control), promoting consistency.
• Constitutional: No direct challenges apparent; it supports Congress's foreign commerce and national security powers under Article I, Section 8, without infringing on free speech or due process, as controls target conduct (exports) rather than expression.
• Political: Reflects bipartisan concerns over China as a strategic rival, introduced by Rep. Miller (R-OH) and cosponsors from both parties. It could influence broader U.S.-China decoupling debates but risks accusations of overreach if applied too broadly to non-adversarial firms. As an introduced bill (December 1, 2025, 119th Congress), it requires committee approval and floor votes to become law.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Miller, Max L. [R-OH-7]

Cosponsors (3)

Rep. Shreve, Jefferson [R-IN-6], Rep. McCaul, Michael T. [R-TX-10], Del. Moylan, James C. [R-GU-At Large]

Recent Actions

• 2026-04-22: Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 44 - 0.
• 2026-04-22: Committee Consideration and Mark-up Session Held
• 2025-12-01: Referred to the House Committee on Foreign Affairs.
• 2025-12-01: Introduced in House
• 2025-12-01: Introduced in House

Bill Versions

• Addressing Dangerous Vulnerabilities in Exports and Research to Strategic Adversaries, Regimes, and Industrial Entities of Security Concern Act — issued 2025-12-01 — PDF (3 pages)