Preventing Adversaries from Developing Critical Capabilities Act

Prohibits U.S. persons from engaging in certain AI-related activities with countries of concern. Requires mandatory notification of AI activities posing national security threats. Establishes regulations to enforce prohibitions and notifications. Authorizes penalties for non-compliance and promotes international coordination.

  • Authority: United States Congress
  • Parent authority: Federal government
  • Jurisdiction: United States
  • Collections: U.S. federal laws
  • Most recent activity: Defunct
  • Most recent activity date: 2025-01-03

Risk subdomain coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the risk subdomain are explicitly described.

  • Disinformation, surveillance, and influence at scale
  • Cyberattacks, weapon development or use
  • Competitive dynamics
  • Governance failure
  • AI possessing dangerous capabilities

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the risk subdomain are described.

  • AI system security vulnerabilities

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document has good coverage of approximately 6-8 subdomains, with strong focus on malicious actors (4.1, 4.2), AI system security (2.2), competitive dynamics (6.4), governance failure (6.5), and dangerous capabilities (7.2). Coverage is concentrated in national security, misuse prevention, and strategic competition domains.

Sector coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the sector are explicitly described.

  • Agriculture, Mining, Construction & Manufacturing
  • Information
  • Scientific Research & Development Services
  • National Security

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the sector are described.

  • Finance & Insurance
  • Professional & Technical Services

All other sectors had no coverage in this document.

Sectors Summary

This document governs multiple high-technology sectors with national security implications. The primary sectors explicitly governed are Information (AI, semiconductors, computing), Scientific Research and Development Services (quantum technology, hypersonics research), and Manufacturing (semiconductors, microelectronics). The governance applies to U.S. persons and entities engaging in activities with countries of concern across these strategic technology sectors.

Legislative Status

Hard Law

Legislative Status Summary

This is a binding legislative act from the U.S. Congress with mandatory prohibitions, notification requirements, enforcement mechanisms including civil penalties, and regulatory authority under the International Emergency Economic Powers Act.

Actors

Proposer

  • Entity Types: AI_Governance_Actor
  • Entities: United States Congress; Mr. McCaul; Mr. Meeks; Committee on Foreign Affairs
  • Summary: The document is a Congressional bill introduced by Representatives McCaul and Meeks and referred to the Committee on Foreign Affairs, indicating Congress as the proposing body.

Target

  • Entity Types: AI_Developer, AI_Deployer, AI_Infrastructure_Provider
  • Entities: United States persons; foreign entities controlled by United States persons; covered foreign entities
  • Summary: The Act targets United States persons engaging in AI-related activities with countries of concern, including those developing or deploying AI systems, semiconductors, and related technologies. This includes developers, deployers, and infrastructure providers in covered sectors.

Enforcer

  • Entity Types: AI_Governance_Actor
  • Entities: President of the United States; Attorney General; Federal agencies (delegated); Secretary of State
  • Summary: The President has primary enforcement authority under the International Emergency Economic Powers Act, with ability to delegate to Federal agencies. The Attorney General can seek judicial relief for enforcement.

Monitor

  • Entity Types: AI_Governance_Actor
  • Entities: President of the United States; Secretary of State; appropriate congressional committees; Federal agencies
  • Summary: The President monitors through notification review processes and identification of non-notified activities. Congressional committees receive annual reports. The Secretary of State monitors multilateral coordination efforts.

AI Lifecycle Stages

Lifecycle stages covered by the documents, as defined in the OECD Framework for the Classification of AI Systems

  • Plan and Design
  • Build and Use Model
  • Verify and Validate
  • Deploy
  • Operate and Monitor

AI Lifecycle Summary

The document covers multiple AI lifecycle stages with primary focus on deployment and operational monitoring. It addresses planning through technology identification, development through prohibitions on certain activities, and deployment/monitoring through mandatory notification requirements and ongoing oversight.

Technical Scope

Terms relating to technical scope that are mentioned or implicitly referenced in the document

No technical scope terms identified.

Technical Scope Summary

The document explicitly mentions AI as a covered sector but does not define specific AI types such as frontier AI, general purpose AI, or generative AI. It does not reference compute thresholds, foundation models, or open-weight models. The focus is on AI as a broad technology category that poses national security threats.

https://www.congress.gov/bill/118th-congress/house-bill/6349
https://agora.eto.tech/instrument/615
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Document data from AGORA, CSET Emerging Technology Observatory.