II 

118TH CONGRESS 

1ST SESSION S. 686 

To authorize the Secretary of Commerce to review and prohibit certain transactions between persons in the United States and foreign adversaries, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 7, 2023 

Mr. WARNER (for himself, Mr. THUNE, Ms. BALDWIN, Mrs. FISCHER, Mr. 

MANCHIN, Mr. MORAN, Mr. BENNET, Mr. SULLIVAN, Mrs. GILLIBRAND, 

Ms. COLLINS, Mr. HEINRICH, Mr. ROMNEY, and Mrs. CAPITO) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To authorize the Secretary of Commerce to review and prohibit certain transactions between persons in the United 

States and foreign adversaries, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Restricting the Emer5 gence of Security Threats that Risk Information and Com6 munications Technology Act’’ or the ‘‘RESTRICT Act’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 


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1 (1) CLASSIFIED NATIONAL SECURITY INFORMA2 TION.—The term ‘‘classified national security infor3 mation’’ means information that has been deter4 mined pursuant to Executive Order 13526 (50 

5 U.S.C. 3161 note; relating to classified national se6 curity information) or any predecessor or successor 

7 order, to require protection against unauthorized 

8 disclosure, and is marked to indicate such classified 

9 status if in documentary form. 

10 (2) CONTROLLING HOLDING.—The term ‘‘con11 trolling holding’’ means a holding with the power, 

12 whether direct or indirect and whether exercised or 

13 not exercised, to determine, direct, or decide impor14 tant matters affecting an entity. 

15 (3) COVERED HOLDING.—The term ‘‘covered 

16 holding’’— 

17 (A) means, regardless of how or when such 

18 holding was or will be obtained or otherwise 

19 come to have been held, a controlling holding 

20 held, directly or indirectly, in an ICTS covered 

21 holding entity by— 

22 (i) a foreign adversary; 

23 (ii) an entity subject to the jurisdic24 tion of, or organized under the laws of, a 

25 foreign adversary; or 


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1 (iii) an entity owned, directed, or con2 trolled by an entity described in subpara3 graphs (i) or (ii); and 

4 (B) includes any other holding, the struc5 ture of which is designed or intended to evade 

6 or circumvent the application of this Act, sub7 ject to regulations prescribed by the Secretary. 

8 (4) COVERED TRANSACTION.— 

9 (A) IN GENERAL.—The term ‘‘covered 

10 transaction’’ means a transaction in which an 

11 entity described in subparagraph (B) has any 

12 interest (including through an interest in a con13 tract for the provision of the technology or serv14 ice), or any class of such transactions. 

15 (B) COVERED ENTITIES.—The entities de16 scribed in this subparagraph are: 

17 (i) a foreign adversary; 

18 (ii) an entity subject to the jurisdic19 tion of, or organized under the laws of, a 

20 foreign adversary; and 

21 (iii) an entity owned, directed, or con22 trolled by a person described in subpara23 graph (A) or (B). 

24 (C) NON-EVASION.—The term ‘‘covered 

25 transaction’’ includes any other transaction, the 


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1 structure of which is designed or intended to 

2 evade or circumvent the application of this Act, 

3 subject to regulations prescribed by the Sec4 retary. 

5 (D) TIMING.—The term ‘‘covered trans6 action’’ includes a current, past, or potential fu7 ture transaction. 

8 (5) CRITICAL INFRASTRUCTURE.—The term 

9 ‘‘critical infrastructure’’ has the meaning given the 

10 term in section 1016(e) of the USA PATRIOT Act 

11 (42 U.S.C. 5195c(e)). 

12 (6) ENTITY.—The term ‘‘entity’’ means any of 

13 the following, whether established in the United 

14 States or outside of the United States: 

15 (A) A firm. 

16 (B) A government, government agency, 

17 government department, or government com18 mission. 

19 (C) A labor union. 

20 (D) A fraternal or social organization. 

21 (E) A partnership. 

22 (F) A trust. 

23 (G) A joint venture. 

24 (H) A corporation. 


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1 (I) A group, subgroup, or other association 

2 or organization whether or not organized for 

3 profit. 

4 (7) EXECUTIVE DEPARTMENT AND AGENCY.— 

5 The term ‘‘executive department and agency’’ has 

6 the meaning given the term ‘‘Executive agency’’ in 

7 section 105 of title 5, United States Code. 

8 (8) FOREIGN ADVERSARY.—The term ‘‘foreign 

9 adversary’’— 

10 (A) means any foreign government or re11 gime, determined by the Secretary, pursuant to 

12 sections 3 and 5, to have engaged in a long13 term pattern or serious instances of conduct 

14 significantly adverse to the national security of 

15 the United States or the security and safety of 

16 United States persons; and 

17 (B) includes, unless removed by the Sec18 retary pursuant to section 6— 

19 (i) the People’s Republic of China, in20 cluding the Hong Kong Special Adminis21 trative Region and Macao Special Adminis22 trative Region; 

23 (ii) the Republic of Cuba; 

24 (iii) the Islamic Republic of Iran; 


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1 (iv) the Democratic People’s Republic 

2 of Korea; 

3 (v) the Russian Federation; and 

4 (vi) the Bolivarian Republic of Ven5 ezuela under the regime of Nicola ́s Maduro 

6 Moros. 

7 (9) HOLDING.—The term ‘‘holding’’— 

8 (A) means— 

9 (i) an equity interest; 

10 (ii) a stock; 

11 (iii) a security; 

12 (iv) a share; 

13 (v) a partnership interest; 

14 (vi) an interest in a limited liability 

15 company; 

16 (vii) a membership interest; or 

17 (viii) any participation, right, or other 

18 equivalent, however designated and of any 

19 character; and 

20 (B) includes, without limitation, any secu21 rity convertible into an ownership interest and 

22 right, warrant, or option to acquire ownership 

23 interests. 


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1 (10) ICTS COVERED HOLDING ENTITY.—The 

2 term ‘‘ICTS covered holding entity’’ means any enti3 ty that— 

4 (A) owns, controls, or manages information 

5 and communications technology products or 

6 services; and 

7 (B)(i) has not less than 1,000,000 United 

8 States-based annual active users at any point 

9 during the year period preceding the date on 

10 which the covered holding is referred to the 

11 President; or 

12 (ii) for which more than 1,000,000 units 

13 have been sold to persons in the United States 

14 before the date on which the covered holding is 

15 referred to the President. 

16 (11) INFORMATION AND COMMUNICATIONS

17 TECHNOLOGY PRODUCTS OR SERVICES.—The term 

18 ‘‘information and communications technology prod19 ucts or services’’ means any hardware, software, or 

20 other product or service primarily intended to fulfill 

21 or enable the function of information or data proc22 essing, storage, retrieval, or communication by elec23 tronic means, including transmission, storage, and 

24 display. 


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1 (12) MITIGATION MEASURE.—The term ‘‘miti2 gation measure’’ means a measure agreed to in an 

3 agreement between any relevant party and the Fed4 eral Government, or ordered by the Federal Govern5 ment and of which any relevant party has been noti6 fied, in any matter addressed under this Act to ad7 dress any risk arising from a covered transaction or 

8 associated with a covered holding. 

9 (13) PERSON.—The term ‘‘person’’ means a 

10 natural person, including a citizen or national of the 

11 United States or of any foreign country. 

12 (14) RELEVANT EXECUTIVE DEPARTMENT AND

13 AGENCY HEADS.—The term ‘‘relevant executive de14 partment and agency heads’’ means— 

15 (A) the Secretary of Treasury; 

16 (B) the Secretary of State; 

17 (C) the Secretary of Defense; 

18 (D) the Attorney General; 

19 (E) the Secretary of Homeland Security; 

20 (F) the United States Trade Representa21 tive; 

22 (G) the Director of National Intelligence; 

23 (H) the Administrator of General Services; 

24 (I) the Chairman of the Federal Commu25 nications Commission; and 


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1 (J) the heads of other executive depart2 ments and agencies, as appropriate. 

3 (15) RELEVANT COMMITTEES OF CONGRESS.— 

4 The term ‘‘relevant committees of Congress’’ 

5 means— 

6 (A) the Committee on Commerce, Science, 

7 and Transportation, the Committee on the Ju8 diciary, the Committee on Homeland Security 

9 and Governmental Affairs, the Committee on 

10 Foreign Relations, the Committee on Banking, 

11 Housing, and Urban Affairs, the Committee on 

12 Armed Services, the Committee on Rules and 

13 Administration, and the Select Committee on 

14 Intelligence of the Senate; and 

15 (B) the Committee on Energy and Com16 merce, the Committee on the Judiciary, the 

17 Committee on Homeland Security, the Com18 mittee on Oversight and Accountability, the 

19 Committee on Foreign Affairs, the Committee 

20 on Armed Services, the Committee on House 

21 Administration, and the Permanent Select 

22 Committee on Intelligence of the House of Rep23 resentatives. 

24 (16) SECRETARY.—The term ‘‘Secretary’’ 

25 means the Secretary of Commerce. 


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1 (17) TRANSACTION.—The term ‘‘transaction’’ 

2 means any acquisition, importation, transfer, instal3 lation, dealing in, or use of any information and 

4 communications technology product or service, in5 cluding ongoing activities such as managed services, 

6 data transmission, software updates, repairs, or the 

7 provision of data hosting services, or a class of such 

8 transactions. 

9 SEC. 3. ADDRESSING INFORMATION AND COMMUNICATION 

10 TECHNOLOGY PRODUCTS AND SERVICES 

11 THAT POSE UNDUE OR UNACCEPTABLE RISK. 

12 (a) IN GENERAL.—The Secretary, in consultation 

13 with the relevant executive department and agency heads, 

14 is authorized to and shall take action to identify, deter, 

15 disrupt, prevent, prohibit, investigate, or otherwise miti16 gate, including by negotiating, entering into, or imposing, 

17 and enforcing any mitigation measure to address any risk 

18 arising from any covered transaction by any person, or 

19 with respect to any property, subject to the jurisdiction 

20 of the United States that the Secretary determines— 

21 (1) poses an undue or unacceptable risk of— 

22 (A) sabotage or subversion of the design, 

23 integrity, manufacturing, production, distribu24 tion, installation, operation, or maintenance of 


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1 information and communications technology 

2 products and services in the United States; 

3 (B) catastrophic effects on the security or 

4 resilience of the critical infrastructure or digital 

5 economy of the United States; 

6 (C) interfering in, or altering the result or 

7 reported result of a Federal election, as deter8 mined in coordination with the Attorney Gen9 eral, the Director of National Intelligence, the 

10 Secretary of Treasury, and the Federal Election 

11 Commission; or 

12 (D) coercive or criminal activities by a for13 eign adversary that are designed to undermine 

14 democratic processes and institutions or steer 

15 policy and regulatory decisions in favor of the 

16 strategic objectives of a foreign adversary to the 

17 detriment of the national security of the United 

18 States, as determined in coordination with the 

19 Attorney General, the Director of National In20 telligence, the Secretary of Treasury, and the 

21 Federal Election Commission; or 

22 (2) otherwise poses an undue or unacceptable 

23 risk to the national security of the United States or 

24 the safety of United States persons. 

25 (b) PROCEDURE.— 


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1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of enactment of this Act, the Sec3 retary, in consultation with the relevant executive 

4 department and agency heads, shall review any 

5 transaction described in subsection (a) to— 

6 (A) determine, not later than 180 days 

7 after the date on which the Secretary initiates 

8 such review, if such transaction poses an undue 

9 or unacceptable risk under subsection (a)(2) 

10 and qualifies as a covered transaction; and 

11 (B) with respect to a transaction found to 

12 pose an undue or unacceptable risk and qualify 

13 as a covered transaction, determine whether— 

14 (i) the covered transaction should be 

15 prohibited; or 

16 (ii) any other action should be taken 

17 to mitigate the effects of the covered trans18 action. 

19 (2) PUBLISHED EXPLANATIONS.—If prac20 ticable, and consistent with the national security and 

21 law enforcement interests of the United States, in 

22 coordination and in cooperation with the Director of 

23 National Intelligence, the Secretary shall publish in24 formation in a declassified form to explain how a 

25 covered transaction that the Secretary denied or othVerDate Sep 11 2014 03:49 Mar 21, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S686.IS S686

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1 erwise mitigated under paragraph (1) meets the cri2 teria established under subsection (a) or section 

3 4(a). 

4 (3) CERTAIN ADMINISTRATIVE PROCEDURE RE5 QUIREMENTS INAPPLICABLE.—Section 553 of title 

6 5, United State Code, shall not apply to any regula7 tion promulgated pursuant to paragraph (1). 

8 SEC. 4. ADDRESSING INFORMATION AND COMMUNICA9 TIONS TECHNOLOGY PRODUCTS AND SERV10 ICES HOLDINGS THAT POSE UNDUE OR UN11 ACCEPTABLE RISK. 

12 (a) IN GENERAL.—The Secretary shall identify and 

13 refer to the President any covered holding that the Sec14 retary determines, in consultation with the relevant execu15 tive department and agency heads, poses an undue or un16 acceptable risk to the national security of the United 

17 States or the security and safety of United States persons. 

18 (b) PROCEDURE.— 

19 (1) REVIEW AND REFERRAL.—The Secretary 

20 shall, by regulation, establish procedures by which 

21 the Secretary, in consultation with the relevant exec22 utive department and agency heads, shall— 

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1 ings that pose an undue or unacceptable risk 

2 under subsection (a); and 

3 (B) refer to the President covered holdings 

4 that are determined under subsection (a) to 

5 pose an undue or unacceptable risk. 

6 (2) REFERRALS PRIOR TO ESTABLISHMENT OF

7 REGULATIONS.—At any time preceding the issuance 

8 of regulations or establishment of procedures under 

9 subparagraph (1), the Secretary may identify and 

10 refer to the President a holding determined to be a 

11 covered holding under subsection (a) for action by 

12 the President pursuant to subsection (c) if the Sec13 retary, in the sole and unreviewable discretion of the 

14 Secretary, determines that such referral would be in 

15 the interest of national security. 

16 (3) ADMINISTRATIVE PROCEDURE REQUIRE17 MENTS INAPPLICABLE.—Subchapter II of chapter 5, 

18 and chapter 7, of title 5, United States Code (com19 monly known as the ‘‘Administrative Procedure 

20 Act’’) shall not apply to any referral by the Sec21 retary to the President of a covered holding. 

22 (c) ACTION BY THE PRESIDENT.— 

23 (1) IN GENERAL.—Subject to section 13, with 

24 respect to any covered holding referred to the Presi25 dent under subsection (a), if the President deterVerDate Sep 11 2014 03:49 Mar 21, 2023 Jkt 039200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S686.IS S686

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1 mines that the covered holding poses an undue or 

2 unacceptable risk to the national security of the 

3 United States or the security and safety of United 

4 States persons, the President may take such action 

5 as the President considers appropriate to compel di6 vestment of, or otherwise mitigate the risk associ7 ated with, such covered holding to the full extent the 

8 covered holding is subject to the jurisdiction of the 

9 United States, with respect to— 

10 (A) the United States operations, assets, 

11 or property of the entity in which the covered 

12 holding is held, or of any products or services 

13 owned, controlled, designed, developed, manu14 factured, or supplied by the entity are used in 

15 the United States; 

16 (B) any tangible or intangible assets, wher17 ever located, are used to support or enable use 

18 of the product or software of the entity in the 

19 United States; and 

20 (C) any data obtained or derived from use 

21 of the product or software of the entity in the 

22 United States. 

23 (2) NON-DELEGABLE AUTHORITY.—The au24 thority to compel divestment of a covered holding 

25 under paragraph (1) may only be exercised by the 


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1 President and may not be delegated to any other in2 dividual, except as described in paragraph (4). 

3 (3) ANNOUNCEMENT.—If the President deter4 mines that action is required pursuant to paragraph 

5 (1), the President shall announce the decision not 

6 later than 30 days after the date on which the Sec7 retary refers the covered holding to the President 

8 pursuant to subsection (a). 

9 (4) ENFORCEMENT OF DIVESTMENT.—The 

10 President may direct the Attorney General to seek 

11 appropriate relief, including divestment relief, in the 

12 district courts of the United States in order to im13 plement and enforce this subsection. 

14 SEC. 5. CONSIDERATIONS. 

15 (a) PRIORITY INFORMATION AND COMMUNICATIONS

16 TECHNOLOGY AREAS.—In carrying out sections 3 and 4, 

17 the Secretary shall prioritize evaluation of— 

18 (1) information and communications technology 

19 products or services used by a party to a covered 

20 transaction in a sector designated as critical infra21 structure in Policy Directive 21 (February 12, 2013; 

22 relating to critical infrastructure security and resil23 ience); 


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1 (2) software, hardware, or any other product or 

2 service integral to telecommunications products and 

3 services, including— 

4 (A) wireless local area networks; 

5 (B) mobile networks; 

6 (C) satellite payloads; 

7 (D) satellite operations and control; 

8 (E) cable access points; 

9 (F) wireline access points; 

10 (G) core networking systems; 

11 (H) long-, short-, and back-haul networks; 

12 or 

13 (I) edge computer platforms; 

14 (3) any software, hardware, or any other prod15 uct or service integral to data hosting or computing 

16 service that uses, processes, or retains, or is ex17 pected to use, process, or retain, sensitive personal 

18 data with respect to greater than 1,000,000 persons 

19 in the United States at any point during the year 

20 period preceding the date on which the covered 

21 transaction is referred to the Secretary for review or 

22 the Secretary initiates review of the covered trans23 action, including— 

24 (A) internet hosting services; 


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1 (B) cloud-based or distributed computing 

2 and data storage; 

3 (C) machine learning, predictive analytics, 

4 and data science products and services, includ5 ing those involving the provision of services to 

6 assist a party utilize, manage, or maintain 

7 open-source software; 

8 (D) managed services; and 

9 (E) content delivery services; 

10 (4) internet- or network-enabled sensors, 

11 webcams, end-point surveillance or monitoring de12 vices, modems and home networking devices if great13 er than 1,000,000 units have been sold to persons 

14 in the United States at any point during the year 

15 period preceding the date on which the covered 

16 transaction is referred to the Secretary for review or 

17 the Secretary initiates review of the covered trans18 action; 

19 (5) unmanned vehicles, including drones and 

20 other aerials systems, autonomous or semi-autono21 mous vehicles, or any other product or service inte22 gral to the provision, maintenance, or management 

23 of such products or services; 

24 (6) software designed or used primarily for con25 necting with and communicating via the internet 


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1 that is in use by greater than 1,000,000 persons in 

2 the United States at any point during the year pe3 riod preceding the date on which the covered trans4 action is referred to the Secretary for review or the 

5 Secretary initiates review of the covered transaction, 

6 including— 

7 (A) desktop applications; 

8 (B) mobile applications; 

9 (C) gaming applications; 

10 (D) payment applications; or 

11 (E) web-based applications; or 

12 (7) information and communications technology 

13 products and services integral to— 

14 (A) artificial intelligence and machine 

15 learning; 

16 (B) quantum key distribution; 

17 (C) quantum communications; 

18 (D) quantum computing; 

19 (E) post-quantum cryptography; 

20 (F) autonomous systems; 

21 (G) advanced robotics; 

22 (H) biotechnology; 

23 (I) synthetic biology; 

24 (J) computational biology; and 


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1 (K) e-commerce technology and services, 

2 including any electronic techniques for accom3 plishing business transactions, online retail, 

4 internet-enabled logistics, internet-enabled pay5 ment technology, and online marketplaces. 

6 (b) CONSIDERATIONS RELATING TO UNDUE AND UN7 ACCEPTABLE RISKS.—In determining whether a covered 

8 transaction poses an undue or unacceptable risk under 

9 section 3(a) or 4(a), the Secretary— 

10 (1) shall, as the Secretary determines appro11 priate and in consultation with appropriate agency 

12 heads, consider, where available— 

13 (A) any removal or exclusion order issued 

14 by the Secretary of Homeland Security, the 

15 Secretary of Defense, or the Director of Na16 tional Intelligence pursuant to recommendations 

17 of the Federal Acquisition Security Council pur18 suant to section 1323 of title 41, United States 

19 Code; 

20 (B) any order or license revocation issued 

21 by the Federal Communications Commission 

22 with respect to a transacting party, or any con23 sent decree imposed by the Federal Trade Com24 mission with respect to a transacting party; 


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1 (C) any relevant provision of the Defense 

2 Federal Acquisition Regulation and the Federal 

3 Acquisition Regulation, and the respective sup4 plements to those regulations; 

5 (D) any actual or potential threats to the 

6 execution of a national critical function identi7 fied by the Director of the Cybersecurity and 

8 Infrastructure Security Agency; 

9 (E) the nature, degree, and likelihood of 

10 consequence to the public and private sectors of 

11 the United States that would occur if 

12 vulnerabilities of the information and commu13 nications technologies services supply chain 

14 were to be exploited; and 

15 (F) any other source of information that 

16 the Secretary determines appropriate; and 

17 (2) may consider, where available, any relevant 

18 threat assessment or report prepared by the Director 

19 of National Intelligence completed or conducted at 

20 the request of the Secretary. 

21 SEC. 6. DESIGNATION OF FOREIGN ADVERSARIES. 

22 (a) IN GENERAL.— 

23 (1) DESIGNATION.—The Secretary may, in con24 sultation with the Director of National Intelligence, 

25 designate any foreign government or regime as a 


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1 foreign adversary if the Secretary finds that the for2 eign government or regime is engaged in a long-term 

3 pattern or serious instances of conduct significantly 

4 adverse to the national security of the United States 

5 or security and safety of United States persons. 

6 (2) REMOVAL OF DESIGNATION.—The Sec7 retary may, in consultation with the Director of Na8 tional Intelligence, remove the designation of any 

9 foreign government or regime as a foreign adversary, 

10 including any foreign government or regime identi11 fied in section 2(8), if the Secretary finds that the 

12 foreign government or regime is no longer engaged 

13 in a long-term pattern or serious instances of con14 duct significantly adverse to the national or eco15 nomic security of the United States or security and 

16 safety of United States persons in a manner that 

17 would warrant designation as a foreign adversary. 

18 (b) NOTICE.—Not later than 15 days before the date 

19 on which the Secretary makes or removes a designation 

20 under subsection (a), the Secretary shall, by classified 

21 communication, notify the President pro tempore, Major22 ity Leader, and Minority Leader of the Senate, the Speak23 er and Minority Leader of the House of Representatives, 

24 and the relevant committees of Congress, in writing, of 

25 the intent to designate a foreign government or regime 


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1 as a foreign adversary under this section, together with 

2 the findings made under subsection (a) with respect to the 

3 foreign government or regime and the factual basis there4 for. 

5 SEC. 7. RESOLUTION OF DISAPPROVAL OF DESIGNATION 

6 OR REMOVAL OF DESIGNATION OF A FOR7 EIGN ADVERSARY. 

8 (a) DEFINITION.—In this section— 

9 (1) the term ‘‘covered joint resolution’’ means a 

10 joint resolution of disapproval of designation or a 

11 joint resolution of disapproval of removal of designa12 tion; 

13 (2) the term ‘‘joint resolution of disapproval of 

14 designation’’ means a joint resolution the matter 

15 after the resolving clause of which is as follows: 

16 ‘‘That Congress disapproves the designation by the 

17 Secretary of Commerce of lll as a foreign ad18 versary for purposes of the Securing the Information 

19 and Communications Technology and Services Sup20 ply Chain Act of 2023, and such designation shall 

21 have no force or effect until the Secretary of Com22 merce provides specific evidence to the relevant com23 mittees of Congress regarding the removal of des24 ignation under section 6(a) of that Act.’’ (The blank 

25 space being appropriately filled in with the name of 


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1 the foreign person of which the Secretary has des2 ignated as a foreign adversary of for purposes of 

3 this Act); and 

4 (3) the term ‘‘joint resolution of disapproval of 

5 removal of designation’’ means a joint resolution the 

6 matter after the resolving clause of which is as fol7 lows: ‘‘That Congress disapproves the removal of 

8 designation by the Secretary of Commerce of lll 

9 as a foreign adversary for purposes of the Securing 

10 the Information and Communications Technology 

11 and Services Supply Chain Act of 2023, and such 

12 removal shall have no force or effect until the Sec13 retary of Commerce provides specific evidence to the 

14 relevant committees of Congress regarding the re15 moval of designation under section 6(a) of that 

16 Act.’’ (The blank space being appropriately filled in 

17 with the name of the foreign government or regime 

18 of which the Secretary has removed the designation 

19 as a foreign adversary of for purposes of this Act). 

20 (b) EXPEDITED CONSIDERATION OF LEGISLATION.— 

21 (1) INITIATION.—In the event the Secretary 

22 designates a foreign government or regime as a for23 eign adversary or removes such designation as a for24 eign adversary, a joint resolution of disapproval of 

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1 moval of designation, as applicable, that is intro2 duced during the 60-calendar day period thereafter 

3 shall be entitled to expedited consideration pursuant 

4 to this subsection. 

5 (2) INTRODUCTION.—During the 60-calendar 

6 day period provided for in paragraph (1), a covered 

7 joint resolution may be introduced— 

8 (A) in the Senate, by the Majority Leader 

9 (or the designee of the Majority Leader) or the 

10 Minority Leader (or the designee of the Minor11 ity Leader); and 

12 (B) in the House of Representatives, by 

13 the Speaker or the Minority Leader. 

14 (3) FLOOR CONSIDERATION IN HOUSE OF REP15 RESENTATIVES.— 

16 (A) REPORTING AND DISCHARGE.—If a 

17 relevant committee of the House to which a cov18 ered joint resolution has been referred has not 

19 reported such covered joint resolution within 10 

20 legislative days after the date of referral, that 

21 committee shall be discharged from further con22 sideration thereof. 

23 (B) PROCEEDING TO CONSIDERATION.— 

24 Beginning on the third legislative day after 

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1 tion has been referred reports the covered joint 

2 resolution to the House or has been discharged 

3 from further consideration thereof, it shall be in 

4 order to move to proceed to consider the cov5 ered joint resolution in the House. All points of 

6 order against the motion are waived. Such a 

7 motion shall not be in order after the House 

8 has disposed of a motion to proceed on the cov9 ered joint resolution with regard to the same 

10 agreement. The previous question shall be con11 sidered as ordered on the motion to its adoption 

12 without intervening motion. The motion shall 

13 not be debatable. A motion to reconsider the 

14 vote by which the motion is disposed of shall 

15 not be in order. 

16 (C) CONSIDERATION.—The covered joint 

17 resolution shall be considered as read. All 

18 points of order against the covered joint resolu19 tion and against its consideration are waived. 

20 The previous question shall be considered as or21 dered on the covered joint resolution to final 

22 passage without intervening motion except 2 

23 hours of debate equally divided and controlled 

24 by the sponsor of the covered joint resolution 

25 (or a designee) and an opponent. A motion to 


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1 reconsider the vote on passage of the covered 

2 joint resolution shall not be in order. 

3 (4) CONSIDERATION IN THE SENATE.— 

4 (A) COMMITTEE REFERRAL.—A covered 

5 joint resolution introduced in the Senate shall 

6 be referred to the relevant committees of the 

7 Senate. 

8 (B) REPORTING AND DISCHARGE.—If a 

9 relevant committee of the Senate has not re10 ported such covered joint resolution within 10 

11 session days after the date of referral of such 

12 legislation, that committee shall be discharged 

13 from further consideration of such legislation 

14 and the covered joint resolution shall be placed 

15 on the appropriate calendar. 

16 (C) PROCEEDING TO CONSIDERATION.— 

17 Notwithstanding Rule XXII of the Standing 

18 Rules of the Senate, it is in order at any time 

19 after each committee authorized to consider 

20 covered joint resolution reports it to the Senate 

21 or has been discharged from its consideration 

22 (even though a previous motion to the same ef23 fect has been disagreed to) to move to proceed 

24 to the consideration of the covered joint resolu25 tion, and all points of order against covered 


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1 joint resolution (and against consideration of 

2 the covered joint resolution) are waived. The 

3 motion to proceed is not debatable. The motion 

4 is not subject to a motion to postpone. A mo5 tion to reconsider the vote by which the motion 

6 is agreed to or disagreed to shall not be in 

7 order. If a motion to proceed to the consider8 ation of the covered joint resolution is agreed 

9 to, the covered joint resolution shall remain the 

10 unfinished business until disposed of. 

11 (D) DEBATE.—Debate on covered joint 

12 resolution, and on all debatable motions and ap13 peals in connection therewith, shall be limited 

14 to not more than 10 hours, which shall be di15 vided equally between the majority and minority 

16 leaders or their designees. A motion to further 

17 limit debate is in order and not debatable. An 

18 amendment to, or a motion to postpone, or a 

19 motion to proceed to the consideration of other 

20 business, or a motion to recommit the covered 

21 joint resolution is not in order. 

22 (E) VOTE ON PASSAGE.—The vote on pas23 sage shall occur immediately following the con24 clusion of the debate on the covered joint reso25 lution and a single quorum call at the concluVerDate Sep 11 2014 03:49 Mar 21, 2023 Jkt 039200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S686.IS S686

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1 sion of the debate, if requested in accordance 

2 with the rules of the Senate. 

3 (F) RULINGS OF THE CHAIR ON PROCE4 DURE.—Appeals from the decisions of the Chair 

5 relating to the application of the rules of the 

6 Senate, as the case may be, to the procedure re7 lating to a covered joint resolution shall be de8 cided without debate. 

9 (G) CONSIDERATION OF VETO MES10 SAGES.—Debate in the Senate of any veto mes11 sage with respect to a covered joint resolution, 

12 including all debatable motions and appeals in 

13 connection with such covered joint resolution, 

14 shall be limited to 10 hours, to be equally di15 vided between, and controlled by, the Majority 

16 Leader and the Minority Leader or their des17 ignees. 

18 (5) RULES RELATING TO SENATE AND HOUSE

19 OF REPRESENTATIVES.— 

20 (A) COORDINATION WITH ACTION BY

21 OTHER HOUSE.—If, before the passage by one 

22 House of a covered joint resolution of that 

23 House, that House receives a covered joint reso24 lution from the other House, then the following 

25 procedures shall apply: 


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1 (i) The covered joint resolution of the 

2 other House shall not be referred to a com3 mittee. 

4 (ii) With respect to covered joint reso5 lution of the House receiving the legisla6 tion— 

7 (I) the procedure in that House 

8 shall be the same as if no covered 

9 joint resolution had been received 

10 from the other House; but 

11 (II) the vote on passage shall be 

12 on the covered joint resolution of the 

13 other House. 

14 (B) TREATMENT OF A COVERED JOINT

15 RESOLUTION OF OTHER HOUSE.—If one House 

16 fails to introduce a covered joint resolution 

17 under this section, the covered joint resolution 

18 of the other House shall be entitled to expedited 

19 floor procedures under this section. 

20 (C) TREATMENT OF COMPANION MEAS21 URES.—If, following passage of the covered 

22 joint resolution in the Senate, the Senate then 

23 receives a companion measure from the House 

24 of Representatives, the companion measure 

25 shall not be debatable. 


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1 (c) RULES OF SENATE AND HOUSE OF REPRESENTA2 TIVES.—Subsection (b) is enacted by Congress— 

3 (1) as an exercise of the rulemaking power of 

4 the Senate and the House of Representatives, re5 spectively, and as such are deemed a part of the 

6 rules of each House, respectively, but applicable only 

7 with respect to the procedure to be followed in that 

8 House in the case of legislation described in those 

9 sections, and supersede other rules only to the ex10 tent that they are inconsistent with such rules; and 

11 (2) with full recognition of the constitutional 

12 right of either House to change the rules (so far as 

13 relating to the procedure of that House) at any time, 

14 in the same manner, and to the same extent as in 

15 the case of any other rule of that House. 

16 (d) EFFECT OF COVERED JOINT RESOLUTION.— 

17 (1) JOINT RESOLUTIONS OF DISAPPROVAL OF

18 DESIGNATION.—A joint resolution of disapproval of 

19 designation that is enacted in accordance with this 

20 section shall remove the designation as a foreign ad21 versary of a foreign government or regime that is 

22 the subject of the joint resolution of disapproval of 

23 designation for purposes of this Act. 

24 (2) JOINT RESOLUTIONS OF DISAPPROVAL OF

25 REMOVAL OF DESIGNATION.—A joint resolution of 


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1 disapproval of removal of designation that is enacted 

2 in accordance with this section shall prohibit the re3 moval of designation as a foreign adversary of a for4 eign government or regime that is the subject of the 

5 joint resolution of disapproval of removal of designa6 tion for purposes of this Act. 

7 SEC. 8. IMPLEMENTING AUTHORITIES. 

8 (a) REGULATIONS.—In carrying out the responsibil9 ities under this Act, the Secretary may establish such 

10 rules, regulations, and procedures as the Secretary con11 siders appropriate. 

12 (b) CLASSES OF TRANSACTIONS.—In conducting re13 views, promulgating regulations, implementing prohibi14 tions or other mitigation measures, or otherwise carrying 

15 out the responsibilities under this Act, the Secretary may 

16 take action with respect to both individual covered trans17 actions and classes of covered transactions. 

18 (c) OTHER AUTHORITIES.— 

19 (1) IN GENERAL.—The Secretary may issue 

20 guidance, including advisory opinions, and establish 

21 procedures to carry out this Act. 

22 (2) LISTS OF FOREIGN PERSONS.—The Sec23 retary may create lists of foreign persons that may 

24 be subject to prohibitions or restrictions and related 


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1 mechanisms to revise and update such lists periodi2 cally. 

3 (3) ADDITIONAL AUTHORITY.—The Secretary 

4 may undertake any other action as necessary to 

5 carry out the responsibilities under this Act that is 

6 not otherwise prohibited by law. 

7 (d) ADVISORY COMMITTEES.—The Secretary may ap8 point technical advisory committees to advise the Sec9 retary in carrying out the responsibilities under this Act. 

10 Chapter 10 of part 1 of title 5, United States Code, shall 

11 not apply to any meeting of such an advisory committee 

12 held pursuant to this subsection. 

13 SEC. 9. INFORMATION TO BE FURNISHED. 

14 (a) IN GENERAL.—The Secretary may require any 

15 party to a transaction or holding under review or inves16 tigation pursuant to this Act to furnish under oath, in the 

17 form of reports or otherwise, at any time as may be re18 quired by the Secretary, complete information relative to 

19 any act, transaction, or holding, subject to the provisions 

20 of this Act. 

21 (b) AUTHORITY.—In carrying out this Act, the Sec22 retary may— 

23 (1) require that information or reports required 

24 to be submitted under subsection (a) include the 

25 production of any documents relating to any act, 


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1 transaction, or property relating to a transaction or 

2 holding under review or investigation; 

3 (2) require information or reports required to 

4 be submitted under subsection (a) before, during, or 

5 after consummation of a transaction or holding 

6 under review or investigation; and 

7 (3) conduct investigations, hold hearings, ad8 minister oaths, examine witnesses, receive evidence, 

9 take depositions, and require by subpoena the at10 tendance and testimony of witnesses and the produc11 tion of any documents relating to any transaction or 

12 holding under review or investigation, regardless of 

13 whether any report has been required or filed in con14 nection therewith, including through another person 

15 or agency. 

16 (c) FORMAT.—Any person producing any document 

17 to the Secretary pursuant to this section shall produce the 

18 document in a format useable to the Department of Com19 merce, which may be detailed in the request for documents 

20 or otherwise agreed to by the parties. 

21 (d) CONFIDENTIALITY AND DISCLOSURE OF INFOR22 MATION.— 

23 (1) IN GENERAL.—Subject to paragraph (2), 

24 any information or document not otherwise publicly 

25 or commercially available that has been submitted to 


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1 the Secretary under this Act shall not be released 

2 publicly except to the extent required by Federal 

3 law. 

4 (2) DISCLOSURE.—Not withstanding paragraph 

5 (1), the Secretary may disclose information or docu6 ments that are not otherwise publicly or commer7 cially available in the following circumstances: 

8 (A) Pursuant to an administrative or judi9 cial proceeding, including any judicial review 

10 under section 12. 

11 (B) Pursuant to an Act of Congress. 

12 (C) Pursuant to a request from a relevant 

13 committee of Congress. 

14 (D) Pursuant to a request from any Fed15 eral, State, or local governmental entity, or to 

16 any foreign government entity of a United 

17 States ally or partner, if such request is impor18 tant to the national security analysis or actions 

19 of the Secretary, but only to the extent nec20 essary for national security purposes, and sub21 ject to appropriate confidentiality and classifica22 tion requirements. 

23 (E) If any party to whom the information 

24 or documents pertain consents to such disclo25 sure. 


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1 (F) If the Secretary determines, in the sole 

2 and unreviewable discretion of the Secretary, 

3 that the release of such information is in the 

4 national interest of the United States. 

5 (G) Any other purpose authorized by Fed6 eral law. 

7 SEC. 10. ENFORCEMENT. 

8 (a) INVESTIGATIONS.— 

9 (1) IN GENERAL.—The President shall rely on, 

10 including by delegation, the Secretary, and the heads 

11 of other Federal agencies, as appropriate, to conduct 

12 investigations of violations of any authorization, 

13 order, mitigation measure, regulation, or prohibition 

14 issued under this Act. 

15 (2) ACTIONS BY DESIGNEES.—In conducting in16 vestigations described in paragraph (1), designated 

17 officers or employees of Federal agencies described 

18 that paragraph may, to the extent necessary or ap19 propriate to enforce this Act, exercise such authority 

20 as is conferred upon them by any other Federal law, 

21 subject to policies and procedures approved by the 

22 Attorney General. 

23 (b) PERMITTED ACTIVITIES.—Officers and employ24 ees of agencies authorized to conduct investigations under 

25 subsection (a) may— 


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1 (1) inspect, search, detain, seize, or impose 

2 temporary denial orders with respect to items, in 

3 any form, or conveyances on which it is believed that 

4 there are items that have been, are being, or are 

5 about to be imported into the United States in viola6 tion of this Act or any other applicable Federal law; 

7 (2) require, inspect, and obtain books, records, 

8 and any other information from any person subject 

9 to the provisions of this Act or other applicable Fed10 eral law; 

11 (3) administer oaths or affirmations and, by 

12 subpoena, require any person to appear and testify 

13 or to appear and produce books, records, and other 

14 writings, or both; and 

15 (4) obtain court orders and issue legal process 

16 to the extent authorized under chapters 119, 121, 

17 and 206 of title 18, United States Code, or any 

18 other applicable Federal law. 

19 (c) ENFORCEMENT OF SUBPOENAS.—In the case of 

20 contumacy by, or refusal to obey a subpoena issued to, 

21 any person under subsection (b)(3), a district court of the 

22 United States, after notice to such person and a hearing, 

23 shall have jurisdiction to issue an order requiring such 

24 person to appear and give testimony or to appear and 

25 produce books, records, and other writings, regardless of 


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1 format, that are the subject of the subpoena. Any failure 

2 to obey such order of the court may be punished by such 

3 court as a contempt thereof. 

4 (d) ACTIONS BY THE ATTORNEY GENERAL.—The At5 torney General may bring an action in an appropriate dis6 trict court of the United States for appropriate relief, in7 cluding declaratory and injunctive, or divestment relief, 

8 against any person who violates this Act or any regulation, 

9 order, direction, mitigation measure, prohibition, or other 

10 authorization or directive issued under this Act. In any 

11 such action, the limitations as described under section 

12 12(b) shall apply. 

13 SEC. 11. PENALTIES. 

14 (a) UNLAWFUL ACTS.— 

15 (1) IN GENERAL.—It shall be unlawful for a 

16 person to violate, attempt to violate, conspire to vio17 late, or cause a violation of any regulation, order, di18 rection, mitigation measure, prohibition, or other au19 thorization or directive issued under this Act, includ20 ing any of the unlawful acts described in paragraph 

21 (2). 

22 (2) SPECIFIC UNLAWFUL ACTS.—The unlawful 

23 acts described in this paragraph are the following: 

24 (A) No person may engage in any conduct 

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1 gaging in any conduct required by any regula2 tion, order, direction, mitigation measure, pro3 hibition, or other authorization or directive 

4 issued under this Act. 

5 (B) No person may cause or aid, abet, 

6 counsel, command, induce, procure, permit, or 

7 approve the doing of any act prohibited by, or 

8 the omission of any act required by any regula9 tion, order, direction, mitigation measure, pro10 hibition, or other authorization or directive 

11 issued under, this Act. 

12 (C) No person may solicit or attempt a vio13 lation of any regulation, order, direction, miti14 gation measure, prohibition, or authorization or 

15 directive issued under this Act. 

16 (D) No person may conspire or act in con17 cert with 1 or more other person in any manner 

18 or for any purpose to bring about or to do any 

19 act that constitutes a violation of any regula20 tion, order, direction, mitigation measure, pro21 hibition, or other authorization or directive 

22 issued under this Act. 

23 (E) No person may, whether directly or in24 directly through any other person, make any 

25 false or misleading representation, statement, 


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1 or certification, or falsify or conceal any mate2 rial fact, to the Department of Commerce or 

3 any official of any other executive department 

4 or agency— 

5 (i) in the course of an investigation or 

6 other action subject to this Act, or any 

7 regulation, order, direction, mitigation 

8 measure, prohibition, or other authoriza9 tion or directive issued thereunder; or 

10 (ii) in connection with the prepara11 tion, submission, issuance, use, or mainte12 nance of any report filed or required to be 

13 filed pursuant to this Act, or any regula14 tion, order, direction, mitigation measure, 

15 prohibition, or other authorization or direc16 tive issued thereunder. 

17 (F) No person may engage in any trans18 action or take any other action with intent to 

19 evade the provisions of this Act, or any regula20 tion, order, direction, mitigation measure, pro21 hibition, or other authorization or directive 

22 issued thereunder. 

23 (G) No person may fail or refuse to comply 

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1 rection, mitigation measure, prohibition, or 

2 other authorization or directive issued there3 under. 

4 (H) Except as specifically authorized in 

5 this subchapter, any regulation, order, direc6 tion, mitigation measure, or other authorization 

7 or directive issued thereunder or in writing by 

8 the Department of Commerce, no person may 

9 alter any order, direction, mitigation measure, 

10 or other authorization or directive issued under 

11 this Act or any related regulation. 

12 (3) ADDITIONAL REQUIREMENTS.— 

13 (A) CONTINUATION OF EFFECT.—For pur14 poses of paragraph (2)(E), any representation, 

15 statement, or certification made by any person 

16 shall be deemed to be continuing in effect until 

17 the person notifies the Department of Com18 merce or relevant executive department or agen19 cy in accordance with subparagraph (B). 

20 (B) NOTIFICATION.—Any person who 

21 makes a representation, statement, or certifi22 cation to the Department of Commerce or any 

23 official of any other executive department or 

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1 tion or directive issued under this Act shall no2 tify the Department of Commerce or the rel3 evant executive department or agency, in writ4 ing, of any change of any material fact or in5 tention from that previously represented, stat6 ed, or certified, immediately upon receipt of any 

7 information that would lead a reasonably pru8 dent person to know that a change of material 

9 fact or intention had occurred or may occur in 

10 the future. 

11 (b) CIVIL PENALTIES.—The Secretary may impose 

12 the following civil penalties on a person for each violation 

13 by that person of this Act or any regulation, order, direc14 tion, mitigation measure, prohibition, or other authoriza15 tion issued under this Act: 

16 (1) A fine of not more than $250,000 or an 

17 amount that is twice the value of the transaction 

18 that is the basis of the violation with respect to 

19 which the penalty is imposed, whichever is greater. 

20 (2) Revocation of any mitigation measure or 

21 authorization issued under this Act to the person. 

22 (c) CRIMINAL PENALTIES.— 

23 (1) IN GENERAL.—A person who willfully com24 mits, willfully attempts to commit, or willfully con25 spires to commit, or aids or abets in the commission 


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1 of an unlawful act described in subsection (a) shall, 

2 upon conviction, be fined not more than $1,000,000, 

3 or if a natural person, may be imprisoned for not 

4 more than 20 years, or both. 

5 (2) CIVIL FORFEITURE.— 

6 (A) FORFEITURE.— 

7 (i) IN GENERAL.—Any property, real 

8 or personal, tangible or intangible, used or 

9 intended to be used, in any manner, to 

10 commit or facilitate a violation or at11 tempted violation described in paragraph 

12 (1) shall be subject to forfeiture to the 

13 United States. 

14 (ii) PROCEEDS.—Any property, real 

15 or personal, tangible or intangible, consti16 tuting or traceable to the gross proceeds 

17 taken, obtained, or retained, in connection 

18 with or as a result of a violation or at19 tempted violation described in paragraph 

20 (1) shall be subject to forfeiture to the 

21 United States. 

22 (B) PROCEDURE.—Seizures and forfeitures 

23 under this subsection shall be governed by the 

24 provisions of chapter 46 of title 18, United 

25 States Code, relating to civil forfeitures, except 


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1 that such duties as are imposed on the Sec2 retary of Treasury under the customs laws de3 scribed in section 981(d) of title 18, United 

4 States Code, shall be performed by such offi5 cers, agents, and other persons as may be des6 ignated for that purpose by the Secretary of 

7 Homeland Security or the Attorney General. 

8 (3) CRIMINAL FORFEITURE.— 

9 (A) FORFEITURE.—Any person who is 

10 convicted under paragraph (1) shall, in addition 

11 to any other penalty, forfeit to the United 

12 States— 

13 (i) any property, real or personal, tan14 gible or intangible, used or intended to be 

15 used, in any manner, to commit or facili16 tate the violation or attempted violation of 

17 paragraph (1); and 

18 (ii) any property, real or personal, 

19 tangible or intangible, constituting or 

20 traceable to the gross proceeds taken, ob21 tained, or retained, in connection with or 

22 as a result of the violation. 

23 (B) PROCEDURE.—The criminal forfeiture 

24 of property under this paragraph, including any 

25 seizure and disposition of the property, and any 


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1 related judicial proceeding, shall be governed by 

2 the provisions of section 413 of the Controlled 

3 Substances Act (21 U.S.C. 853), except sub4 sections (a) and (d) of that section. 

5 SEC. 12. JUDICIAL REVIEW. 

6 (a) DEFINITION.—In this section, the term ‘‘classi7 fied information’’— 

8 (1) has the meaning given the term in section 

9 1(a) of the Classified Information Procedures Act 

10 (18 U.S.C. App.); and 

11 (2) includes— 

12 (A) any information or material that has 

13 been determined by the Federal Government 

14 pursuant to an Executive order, statute, or reg15 ulation to require protection against unauthor16 ized disclosure for reasons of national security; 

17 and 

18 (B) any restricted data, as defined in sec19 tion 11 of the Atomic Energy Act of 1954 (42 

20 U.S.C. 2014). 

21 (b) ADMINISTRATIVE AND JUDICIAL REVIEW.—Not22 withstanding any other provision of law, actions taken by 

23 the President and the Secretary, and the findings of the 

24 President and the Secretary, under this Act shall not be 

25 subject to administrative review or judicial review in any 


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1 Federal court, except as otherwise provided in this section. 

2 Actions taken by the Secretary under this Act shall not 

3 be subject to sections 551, 553 through 559, and 701 

4 through 707 of title 5, United States Code. 

5 (c) PETITIONS.— 

6 (1) IN GENERAL.—Not later than 60 days after 

7 the Secretary takes action under section 3(a), or the 

8 President takes action under section 4(c), an ag9 grieved person may apply for review by filing a peti10 tion for review in the United States Court of Ap11 peals for the District of Columbia Circuit. 

12 (2) STANDARD OF REVIEW.—The court shall 

13 not disturb any action taken by the Secretary under 

14 section 3(a), or by the President under section 4(c), 

15 unless the petitioner demonstrates that the action is 

16 unconstitutional or in patent violation of a clear and 

17 mandatory statutory command. 

18 (d) EXCLUSIVE JURISDICTION.—The United States 

19 Court of Appeals for the District of Columbia Circuit shall 

20 have exclusive jurisdiction over claims arising under this 

21 Act against the United States, any executive department 

22 or agency, or any component or official of an executive 

23 department or agency, subject to review by the Supreme 

24 Court of the United States under section 1254 of title 28, 

25 United States Code. 


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1 (e) ADMINISTRATIVE RECORD AND PROCEDURE.— 

2 (1) IN GENERAL.—The procedures described in 

3 this subsection shall apply to the review of a petition 

4 for review under this section. 

5 (2) FILING OF RECORD.—The United States 

6 shall file with the court an administrative record, 

7 which shall consist of the information that the ap8 propriate official relied upon in taking a final action 

9 under this Act. 

10 (3) UNCLASSIFIED, NONPRIVILEGED INFORMA11 TION.—All unclassified information contained in the 

12 administrative record filed pursuant to paragraph 

13 (2) that is not otherwise privileged or subject to 

14 statutory protections shall be provided to the peti15 tioner with appropriate protections for any privileged 

16 or confidential trade secrets and commercial or fi17 nancial information. 

18 (4) IN CAMERA AND EX PARTE REVIEW.—The 

19 following information may be included in the admin20 istrative record and shall be submitted only to the 

21 court ex parte and in camera: 

22 (A) Sensitive security information, as de23 fined by section 1520.5 of title 49, Code of 

24 Federal Regulations. 


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1 (B) Privileged law enforcement informa2 tion. 

3 (C) Information obtained or derived from 

4 any activity authorized under the Foreign Intel5 ligence Surveillance Act of 1978 (50 U.S.C. 

6 1801 et seq.), except that, with respect to such 

7 information, subsections (c), (e), (f), (g), and 

8 (h) of section 106 (50 U.S.C. 1806), sub9 sections (d), (f), (g), (h), and (i) of section 305 

10 (50 U.S.C. 1825), subsections (c), (e), (f), (g), 

11 and (h) of section 405 (50 U.S.C. 1845), and 

12 section 706 (50 U.S.C. 1881e) of that Act shall 

13 not apply. 

14 (D) Information subject to privilege or pro15 tections under any other provision of law, in16 cluding the Currency and Foreign Transactions 

17 Reporting Act of 1970 (31 U.S.C. 5311 et 

18 seq.). 

19 (5) INFORMATION UNDER SEAL.—Any informa20 tion that is part of the administrative record filed ex 

21 parte and in camera under paragraph (4), or cited 

22 by the court in any decision, shall be treated by the 

23 court consistent with the provisions of this section. 

24 In no event shall such information be released to the 

25 petitioner or as part of the public record. 


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1 (6) RETURN.—After the expiration of the time 

2 to seek further review, or the conclusion of further 

3 proceedings, the court shall return the administra4 tive record, including any and all copies, to the 

5 United States. 

6 (f) EXCLUSIVE REMEDY.—A determination by the 

7 court under this section shall be the exclusive judicial rem8 edy for any claim described in this section against the 

9 United States, any executive department or agency, or any 

10 component or official of any such executive department or 

11 agency. 

12 (g) RULE OF CONSTRUCTION.—Nothing in this sec13 tion shall be construed as limiting, superseding, or pre14 venting the invocation of, any privileges or defenses that 

15 are otherwise available at law or in equity to protect 

16 against the disclosure of information. 

17 SEC. 13. RELATIONSHIP TO OTHER LAWS. 

18 (a) IN GENERAL.—Except as expressly provided 

19 herein, nothing in this Act shall be construed to alter or 

20 affect any other authority, process, regulation, investiga21 tion, enforcement measure, or review provided by or estab22 lished under any other provision of Federal law, including 

23 the Federal Acquisition Regulation or the International 

24 Emergency Economic Powers Act (50 U.S.C. 1701 et 


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1 seq.), or any other authority of the President or Congress 

2 under the Constitution of the United States. 

3 (b) RELATIONSHIP TO SECTION 721 OF THE DE4 FENSE PRODUCTION ACT OF 1950.— 

5 (1) IN GENERAL.—Notwithstanding section 

6 721(d)(4)(B) of the Defense Production Act of 1950 

7 (50 U.S.C. 4565(d)(4)(B)), nothing in this Act shall 

8 prevent or preclude the President or the Committee 

9 on Foreign Investment in the United States from ex10 ercising any authority under section 721 of the De11 fense Production Act of 1950 (50 U.S.C. 4565 et 

12 seq.), as would be available in the absence of this 

13 Act. 

14 (2) AUTHORITY OF THE PRESIDENT.—The 

15 President may not exercise any authority under sec16 tion 4 with respect to a covered holding that directly 

17 resulted from a transaction if— 

18 (A) the Committee on Foreign Investment 

19 in the United States reviewed the transaction 

20 (or a broader transaction that included the 

21 transaction) as a covered transaction (as de22 fined in section 721(a)(4) of the Defense Pro23 duction Act of 1950 (50 U.S.C. 4565(a)(4)) 

24 and its implementing regulations; and 


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1 (B) under section 721 of the Defense Pro2 duction Act of 1950 (50 U.S.C. 4565)— 

3 (i) the Committee on Foreign Invest4 ment in the United States cleared the 

5 transaction and notified the parties to the 

6 transaction (or a broader transaction that 

7 included the transaction) that the Com8 mittee on Foreign Investment in the 

9 United States completed all action with re10 spect to the transaction (or a broader 

11 transaction that included the transaction); 

12 or 

13 (ii) the President announced a deci14 sion declining to take action with respect 

15 to the transaction (or a broader trans16 action that included the transaction). 

17 (3) COORDINATION.—The Secretary shall ad18 dress coordination with respect to review by the 

19 Committee on Foreign Investment in the United 

20 States in implementing the procedures under this 

21 Act. 

22 (c) LIMITATION OF AUTHORITY OF THE SEC23 RETARY.—The Secretary may not initiate a review of any 

24 transaction that involves the acquisition of an information 


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1 and communications technology product or service by a 

2 United States person as a party to a transaction— 

3 (1) authorized under a United States govern4 ment-industrial security program; or 

5 (2) to meet an articulable national security or 

6 law enforcement requirement. 

7 SEC. 14. TRANSITION. 

8 All delegations, rules, regulations, orders, determina9 tions, licenses, or other forms of administrative action 

10 taken by the Secretary made, issued, conducted, or al11 lowed to become effective under Executive Order 13873 

12 of May 19, 2019 and the International Emergency Eco13 nomic Powers Act (50 U.S.C. 1701 et seq.), including reg14 ulations issued under part 7 of subtitle A of title 15, Code 

15 of Federal Regulations, and are in effect as of the date 

16 of enactment of this Act, shall continue in effect according 

17 to their terms and as if made, issued, conducted, or al18 lowed to become effective pursuant to the authority of this 

19 Act, until modified, superseded, set aside, or revoked 

20 under the authority of this Act, without regard to any re21 striction or limitation under the International Emergency 

22 Economic Powers Act (50 U.S.C. 1701 et seq.). 

23 SEC. 15. MISCELLANEOUS. 

24 (a) PAPERWORK REDUCTION ACT.—The require25 ments of chapter 35 of title 44, United States Code (comVerDate Sep 11 2014 03:49 Mar 21, 2023 Jkt 039200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S686.IS S686

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1 monly referred to as the ‘‘Paperwork Reduction Act’’), 

2 shall not apply to any action by the Secretary to imple3 ment this Act. 

4 (b) APPOINTMENT OF CANDIDATES.—To expedite 

5 the ability of the Secretary to implement this Act, the Sec6 retary may appoint, without regard to the provisions of 

7 sections 3309 through 3318 of title 5, United States Code, 

8 candidates directly to positions in the competitive service 

9 (as defined in section 212 of that title). 

10 (c) ADMINISTRATIVE PROCEDURES.—Except with re11 spect to a civil penalty imposed pursuant to section 9(b) 

12 of this Act, the functions exercised under this Act shall 

13 not be subject to sections 551, 553 through 559, and 701 

14 through 706 of title 5, United States Code. 

15 (d) PROTECTED INFORMATION IN CIVIL ACTIONS.— 

16 If a civil action challenging an action or finding under this 

17 Act is brought, and the court determines that protected 

18 information in the administrative record, including classi19 fied or other information subject to privilege or protections 

20 under any provision of law, is necessary to resolve the ac21 tion, that information shall be submitted ex parte and in 

22 camera to the court and the court shall maintain that in23 formation under seal. This subsection does not confer or 

24 imply any right to judicial review. 


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1 (e) APPLICABILITY OF USE OF INFORMATION PROVI2 SIONS.—The use of information provisions of sections 106, 

3 305, 405, and 706 of the Foreign Intelligence Surveillance 

4 Act of 1978 (50 U.S.C. 1806, 1825, 1845, and 1881e) 

5 shall not apply in a civil action brought under this Act. 

6 (f) NO RIGHT OF ACCESS.— 

7 (1) IN GENERAL.—No provision of this Act 

8 shall be construed to create a right to obtain access 

9 to information in the possession of the Federal Gov10 ernment that was considered in making a determina11 tion under this Act that a transaction is a covered 

12 transaction or interest or to prohibit, mitigate, or 

13 take action against a covered transaction or interest, 

14 including any classified national security information 

15 or sensitive but unclassified information. 

16 (2) INAPPLICABILITY OF FOIA.—Any informa17 tion submitted to the Federal Government by a 

18 party to a covered transaction in accordance with 

19 this Act, as well as any information the Federal 

20 Government may create relating to review of the cov21 ered transaction, is exempt from disclosure under 

22 section 552 of title 5, United States Code (com23 monly referred to as the ‘‘Freedom of Information 

24 Act’’). 


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1 SEC. 16. SEVERABILITY. 

2 If any provision of this Act, or the application of such 

3 provision to any person or circumstance is held to be in4 valid, the remainder of this Act, and the application of 

5 the remaining provisions of this Act to any person or cir6 cumstance, shall not be affected. 

7 SEC. 17. AUTHORIZATION OF APPROPRIATIONS. 

8 There are authorized to be appropriated such sums 

9 as may be necessary to carry out this Act. 

Æ 


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