RESTRICT Act

Subjects: Foreign Trade and International Finance, Administrative law and regulatory procedures, Asia, China, Civil actions and liability, Computer security and identity theft, Computers and information technology, Congressional oversight, Congressional-executive branch relations, Crime prevention, Cuba, Department of Commerce, Europe, Federal appellate courts, Government information and archives, Intelligence activities, surveillance, classified information, Internet, web applications, social media, Iran, Judicial procedure and administration, Judicial review and appeals, Latin America, Legislative rules and procedure, Licensing and registrations, Middle East, North Korea, Presidents and presidential powers, Vice Presidents, Russia, Securities, Subversive activities, U.S. and foreign investments, Venezuela

Summary:  <p><b>Restricting the Emergence of Security Threats that Risk Information and Communications Technology Act or the RESTRICT Act</b></p> <p>This bill requires federal actions to identify and mitigate foreign threats to information and communications technology (ICT) products and services (e.g., social media applications). It also establishes civil and criminal penalties for violations under the bill.</p> <p>Specifically, the Department of Commerce must identify, deter, disrupt, prevent, prohibit, investigate, and mitigate transactions involving ICT products and services (1) in which any foreign adversary (such as China) has any interest, and (2) that pose an undue or unacceptable risk to U.S. national security or the safety of U.S. persons. </p> <p>Additionally, Commerce must identify and refer to the President any covered holding (e.g., stock or security) that poses an undue or unacceptable risk to U.S. national security or the security and safety of U.S. persons. If the President determines that the holding poses such a risk, the President may compel divestment of or otherwise mitigate the risk associated with the holding.</p> <p>Commerce may (1) designate any foreign government or regime as a foreign adversary upon a determination that the foreign government or regime is engaged in a long-term pattern or serious instances of conduct significantly adverse to U.S. national security or the security and safety of U.S. persons, and (2) remove such a designation. Commerce must notify Congress before making or removing a designation; these actions are subject to congressional disapproval.</p> <p>The bill outlines (1) enforcement mechanisms, including actions by the Department of Justice; and (2) civil and criminal penalties for violations.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 686 Introduced in Senate (IS)]

&lt;DOC&gt;






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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Restricting the Emergence of 
Security Threats that Risk Information and Communications Technology 
Act'' or the ``RESTRICT Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Classified national security information.--The term 
        ``classified national security information'' means information 
        that has been determined pursuant to Executive Order 13526 (50 
        U.S.C. 3161 note; relating to classified national security 
        information) or any predecessor or successor order, to require 
        protection against unauthorized disclosure, and is marked to 
        indicate such classified status if in documentary form.
            (2) Controlling holding.--The term ``controlling holding'' 
        means a holding with the power, whether direct or indirect and 
        whether exercised or not exercised, to determine, direct, or 
        decide important matters affecting an entity.
            (3) Covered holding.--The term ``covered holding''--
                    (A) means, regardless of how or when such holding 
                was or will be obtained or otherwise come to have been 
                held, a controlling holding held, directly or 
                indirectly, in an ICTS covered holding entity by--
                            (i) a foreign adversary;
                            (ii) an entity subject to the jurisdiction 
                        of, or organized under the laws of, a foreign 
                        adversary; or
                            (iii) an entity owned, directed, or 
                        controlled by an entity described in 
                        subparagraphs (i) or (ii); and
                    (B) includes any other holding, the structure of 
                which is designed or intended to evade or circumvent 
                the application of this Act, subject to regulations 
                prescribed by the Secretary.
            (4) Covered transaction.--
                    (A) In general.--The term ``covered transaction'' 
                means a transaction in which an entity described in 
                subparagraph (B) has any interest (including through an 
                interest in a contract for the provision of the 
                technology or service), or any class of such 
                transactions.
                    (B) Covered entities.--The entities described in 
                this subparagraph are:
                            (i) a foreign adversary;
                            (ii) an entity subject to the jurisdiction 
                        of, or organized under the laws of, a foreign 
                        adversary; and
                            (iii) an entity owned, directed, or 
                        controlled by a person described in 
                        subparagraph (A) or (B).
                    (C) Non-evasion.--The term ``covered transaction'' 
                includes any other transaction, the structure of which 
                is designed or intended to evade or circumvent the 
                application of this Act, subject to regulations 
                prescribed by the Secretary.
                    (D) Timing.--The term ``covered transaction'' 
                includes a current, past, or potential future 
                transaction.
            (5) Critical infrastructure.--The term ``critical 
        infrastructure'' has the meaning given the term in section 
        1016(e) of the USA PATRIOT Act (42 U.S.C. 5195c(e)).
            (6) Entity.--The term ``entity'' means any of the 
        following, whether established in the United States or outside 
        of the United States:
                    (A) A firm.
                    (B) A government, government agency, government 
                department, or government commission.
                    (C) A labor union.
                    (D) A fraternal or social organization.
                    (E) A partnership.
                    (F) A trust.
                    (G) A joint venture.
                    (H) A corporation.
                    (I) A group, subgroup, or other association or 
                organization whether or not organized for profit.
            (7) Executive department and agency.--The term ``executive 
        department and agency'' has the meaning given the term 
        ``Executive agency'' in section 105 of title 5, United States 
        Code.
            (8) Foreign adversary.--The term ``foreign adversary''--
                    (A) means any foreign government or regime, 
                determined by the Secretary, pursuant to sections 3 and 
                5, to have engaged in a long-term pattern or serious 
                instances of conduct significantly adverse to the 
                national security of the United States or the security 
                and safety of United States persons; and
                    (B) includes, unless removed by the Secretary 
                pursuant to section 6--
                            (i) the People's Republic of China, 
                        including the Hong Kong Special Administrative 
                        Region and Macao Special Administrative Region;
                            (ii) the Republic of Cuba;
                            (iii) the Islamic Republic of Iran;
                            (iv) the Democratic People's Republic of 
                        Korea;
                            (v) the Russian Federation; and
                            (vi) the Bolivarian Republic of Venezuela 
                        under the regime of Nicolas Maduro Moros.
            (9) Holding.--The term ``holding''--
                    (A) means--
                            (i) an equity interest;
                            (ii) a stock;
                            (iii) a security;
                            (iv) a share;
                            (v) a partnership interest;
                            (vi) an interest in a limited liability 
                        company;
                            (vii) a membership interest; or
                            (viii) any participation, right, or other 
                        equivalent, however designated and of any 
                        character; and
                    (B) includes, without limitation, any security 
                convertible into an ownership interest and right, 
                warrant, or option to acquire ownership interests.
            (10) ICTS covered holding entity.--The term ``ICTS covered 
        holding entity'' means any entity that--
                    (A) owns, controls, or manages information and 
                communications technology products or services; and
                    (B)(i) has not less than 1,000,000 United States-
                based annual active users at any point during the year 
                period preceding the date on which the covered holding 
                is referred to the President; or
                    (ii) for which more than 1,000,000 units have been 
                sold to persons in the United States before the date on 
                which the covered holding is referred to the President.
            (11) Information and communications technology products or 
        services.--The term ``information and communications technology 
        products or services'' means any hardware, software, or other 
        product or service primarily intended to fulfill or enable the 
        function of information or data processing, storage, retrieval, 
        or communication by electronic means, including transmission, 
        storage, and display.
            (12) Mitigation measure.--The term ``mitigation measure'' 
        means a measure agreed to in an agreement between any relevant 
        party and the Federal Government, or ordered by the Federal 
        Government and of which any relevant party has been notified, 
        in any matter addressed under this Act to address any risk 
        arising from a covered transaction or associated with a covered 
        holding.
            (13) Person.--The term ``person'' means a natural person, 
        including a citizen or national of the United States or of any 
        foreign country.
            (14) Relevant executive department and agency heads.--The 
        term ``relevant executive department and agency heads'' means--
                    (A) the Secretary of Treasury;
                    (B) the Secretary of State;
                    (C) the Secretary of Defense;
                    (D) the Attorney General;
                    (E) the Secretary of Homeland Security;
                    (F) the United States Trade Representative;
                    (G) the Director of National Intelligence;
                    (H) the Administrator of General Services;
                    (I) the Chairman of the Federal Communications 
                Commission; and
                    (J) the heads of other executive departments and 
                agencies, as appropriate.
            (15) Relevant committees of congress.--The term ``relevant 
        committees of Congress'' means--
                    (A) the Committee on Commerce, Science, and 
                Transportation, the Committee on the Judiciary, the 
                Committee on Homeland Security and Governmental 
                Affairs, the Committee on Foreign Relations, the 
                Committee on Banking, Housing, and Urban Affairs, the 
                Committee on Armed Services, the Committee on Rules and 
                Administration, and the Select Committee on 
                Intelligence of the Senate; and
                    (B) the Committee on Energy and Commerce, the 
                Committee on the Judiciary, the Committee on Homeland 
                Security, the Committee on Oversight and 
                Accountability, the Committee on Foreign Affairs, the 
                Committee on Armed Services, the Committee on House 
                Administration, and the Permanent Select Committee on 
                Intelligence of the House of Representatives.
            (16) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (17) Transaction.--The term ``transaction'' means any 
        acquisition, importation, transfer, installation, dealing in, 
        or use of any information and communications technology product 
        or service, including ongoing activities such as managed 
        services, data transmission, software updates, repairs, or the 
        provision of data hosting services, or a class of such 
        transactions.

SEC. 3. ADDRESSING INFORMATION AND COMMUNICATION TECHNOLOGY PRODUCTS 
              AND SERVICES THAT POSE UNDUE OR UNACCEPTABLE RISK.

    (a) In General.--The Secretary, in consultation with the relevant 
executive department and agency heads, is authorized to and shall take 
action to identify, deter, disrupt, prevent, prohibit, investigate, or 
otherwise mitigate, including by negotiating, entering into, or 
imposing, and enforcing any mitigation measure to address any risk 
arising from any covered transaction by any person, or with respect to 
any property, subject to the jurisdiction of the United States that the 
Secretary determines--
            (1) poses an undue or unacceptable risk of--
                    (A) sabotage or subversion of the design, 
                integrity, manufacturing, production, distribution, 
                installation, operation, or maintenance of information 
                and communications technology products and services in 
                the United States;
                    (B) catastrophic effects on the security or 
                resilience of the critical infrastructure or digital 
                economy of the United States;
                    (C) interfering in, or altering the result or 
                reported result of a Federal election, as determined in 
                coordination with the Attorney General, the Director of 
                National Intelligence, the Secretary of Treasury, and 
                the Federal Election Commission; or
                    (D) coercive or criminal activities by a foreign 
                adversary that are designed to undermine democratic 
                processes and institutions or steer policy and 
                regulatory decisions in favor of the strategic 
                objectives of a foreign adversary to the detriment of 
                the national security of the United States, as 
                determined in coordination with the Attorney General, 
                the Director of National Intelligence, the Secretary of 
                Treasury, and the Federal Election Commission; or
            (2) otherwise poses an undue or unacceptable risk to the 
        national security of the United States or the safety of United 
        States persons.
    (b) Procedure.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        relevant executive department and agency heads, shall review 
        any transaction described in subsection (a) to--
                    (A) determine, not later than 180 days after the 
                date on which the Secretary initiates such review, if 
                such transaction poses an undue or unacceptable risk 
                under subsection (a)(2) and qualifies as a covered 
                transaction; and
                    (B) with respect to a transaction found to pose an 
                undue or unacceptable risk and qualify as a covered 
                transaction, determine whether--
                            (i) the covered transaction should be 
                        prohibited; or
                            (ii) any other action should be taken to 
                        mitigate the effects of the covered 
                        transaction.
            (2) Published explanations.--If practicable, and consistent 
        with the national security and law enforcement interests of the 
        United States, in coordination and in cooperation with the 
        Director of National Intelligence, the Secretary shall publish 
        information in a declassified form to explain how a covered 
        transaction that the Secretary denied or otherwise mitigated 
        under paragraph (1) meets the criteria established under 
        subsection (a) or section 4(a).
            (3) Certain administrative procedure requirements 
        inapplicable.--Section 553 of title 5, United State Code, shall 
        not apply to any regulation promulgated pursuant to paragraph 
        (1).

SEC. 4. ADDRESSING INFORMATION AND COMMUNICATIONS TECHNOLOGY PRODUCTS 
              AND SERVICES HOLDINGS THAT POSE UNDUE OR UNACCEPTABLE 
              RISK.

    (a) In General.--The Secretary shall identify and refer to the 
President any covered holding that the Secretary determines, in 
consultation with the relevant executive department and agency heads, 
poses an undue or unacceptable risk to the national security of the 
United States or the security and safety of United States persons.
    (b) Procedure.--
            (1) Review and referral.--The Secretary shall, by 
        regulation, establish procedures by which the Secretary, in 
        consultation with the relevant executive department and agency 
        heads, shall--
                    (A) conduct reviews of holdings to determine if 
                such holdings constitute covered holdings that pose an 
                undue or unacceptable risk under subsection (a); and
                    (B) refer to the President covered holdings that 
                are determined under subsection (a) to pose an undue or 
                unacceptable risk.
            (2) Referrals prior to establishment of regulations.--At 
        any time preceding the issuance of regulations or establishment 
        of procedures under subparagraph (1), the Secretary may 
        identify and refer to the President a holding determined to be 
        a covered holding under subsection (a) for action by the 
        President pursuant to subsection (c) if the Secretary, in the 
        sole and unreviewable discretion of the Secretary, determines 
        that such referral would be in the interest of national 
        security.
            (3) Administrative procedure requirements inapplicable.--
        Subchapter II of chapter 5, and chapter 7, of title 5, United 
        States Code (commonly known as the ``Administrative Procedure 
        Act'') shall not apply to any referral by the Secretary to the 
        President of a covered holding.
    (c) Action by the President.--
            (1) In general.--Subject to section 13, with respect to any 
        covered holding referred to the President under subsection (a), 
        if the President determines that the covered holding poses an 
        undue or unacceptable risk to the national security of the 
        United States or the security and safety of United States 
        persons, the President may take such action as the President 
        considers appropriate to compel divestment of, or otherwise 
        mitigate the risk associated with, such covered holding to the 
        full extent the covered holding is subject to the jurisdiction 
        of the United States, with respect to--
                    (A) the United States operations, assets, or 
                property of the entity in which the covered holding is 
                held, or of any products or services owned, controlled, 
                designed, developed, manufactured, or supplied by the 
                entity are used in the United States;
                    (B) any tangible or intangible assets, wherever 
                located, are used to support or enable use of the 
                product or software of the entity in the United States; 
                and
                    (C) any data obtained or derived from use of the 
                product or software of the entity in the United States.
            (2) Non-delegable authority.--The authority to compel 
        divestment of a covered holding under paragraph (1) may only be 
        exercised by the President and may not be delegated to any 
        other individual, except as described in paragraph (4).
            (3) Announcement.--If the President determines that action 
        is required pursuant to paragraph (1), the President shall 
        announce the decision not later than 30 days after the date on 
        which the Secretary refers the covered holding to the President 
        pursuant to subsection (a).
            (4) Enforcement of divestment.--The President may direct 
        the Attorney General to seek appropriate relief, including 
        divestment relief, in the district courts of the United States 
        in order to implement and enforce this subsection.

SEC. 5. CONSIDERATIONS.

    (a) Priority Information and Communications Technology Areas.--In 
carrying out sections 3 and 4, the Secretary shall prioritize 
evaluation of--
            (1) information and communications technology products or 
        services used by a party to a covered transaction in a sector 
        designated as critical infrastructure in Policy Directive 21 
        (February 12, 2013; relating to critical infrastructure 
        security and resilience);
            (2) software, hardware, or any other product or service 
        integral to telecommunications products and services, 
        including--
                    (A) wireless local area networks;
                    (B) mobile networks;
                    (C) satellite payloads;
                    (D) satellite operations and control;
                    (E) cable access points;
                    (F) wireline access points;
                    (G) core networking systems;
                    (H) long-, short-, and back-haul networks; or
                    (I) edge computer platforms;
            (3) any software, hardware, or any other product or service 
        integral to data hosting or computing service that uses, 
        processes, or retains, or is expected to use, process, or 
        retain, sensitive personal data with respect to greater than 
        1,000,000 persons in the United States at any point during the 
        year period preceding the date on which the covered transaction 
        is referred to the Secretary for review or the Secretary 
        initiates review of the covered transaction, including--
                    (A) internet hosting services;
                    (B) cloud-based or distributed computing and data 
                storage;
                    (C) machine learning, predictive analytics, and 
                data science products and services, including those 
                involving the provision of services to assist a party 
                utilize, manage, or maintain open-source software;
                    (D) managed services; and
                    (E) content delivery services;
            (4) internet- or network-enabled sensors, webcams, end-
        point surveillance or monitoring devices, modems and home 
        networking devices if greater than 1,000,000 units have been 
        sold to persons in the United States at any point during the 
        year period preceding the date on which the covered transaction 
        is referred to the Secretary for review or the Secretary 
        initiates review of the covered transaction;
            (5) unmanned vehicles, including drones and other aerials 
        systems, autonomous or semi-autonomous vehicles, or any other 
        product or service integral to the provision, maintenance, or 
        management of such products or services;
            (6) software designed or used primarily for connecting with 
        and communicating via the internet that is in use by greater 
        than 1,000,000 persons in the United States at any point during 
        the year period preceding the date on which the covered 
        transaction is referred to the Secretary for review or the 
        Secretary initiates review of the covered transaction, 
        including--
                    (A) desktop applications;
                    (B) mobile applications;
                    (C) gaming applications;
                    (D) payment applications; or
                    (E) web-based applications; or
            (7) information and communications technology products and 
        services integral to--
                    (A) artificial intelligence and machine learning;
                    (B) quantum key distribution;
                    (C) quantum communications;
                    (D) quantum computing;
                    (E) post-quantum cryptography;
                    (F) autonomous systems;
                    (G) advanced robotics;
                    (H) biotechnology;
                    (I) synthetic biology;
                    (J) computational biology; and
                    (K) e-commerce technology and services, including 
                any electronic techniques for accomplishing business 
                transactions, online retail, internet-enabled 
                logistics, internet-enabled payment technology, and 
                online marketplaces.
    (b) Considerations Relating to Undue and Unacceptable Risks.--In 
determining whether a covered transaction poses an undue or 
unacceptable risk under section 3(a) or 4(a), the Secretary--
            (1) shall, as the Secretary determines appropriate and in 
        consultation with appropriate agency heads, consider, where 
        available--
                    (A) any removal or exclusion order issued by the 
                Secretary of Homeland Security, the Secretary of 
                Defense, or the Director of National Intelligence 
                pursuant to recommendations of the Federal Acquisition 
                Security Council pursuant to section 1323 of title 41, 
                United States Code;
                    (B) any order or license revocation issued by the 
                Federal Communications Commission with respect to a 
                transacting party, or any consent decree imposed by the 
                Federal Trade Commission with respect to a transacting 
                party;
                    (C) any relevant provision of the Defense Federal 
                Acquisition Regulation and the Federal Acquisition 
                Regulation, and the respective supplements to those 
                regulations;
                    (D) any actual or potential threats to the 
                execution of a national critical function identified by 
                the Director of the Cybersecurity and Infrastructure 
                Security Agency;
                    (E) the nature, degree, and likelihood of 
                consequence to the public and private sectors of the 
                United States that would occur if vulnerabilities of 
                the information and communications technologies 
                services supply chain were to be exploited; and
                    (F) any other source of information that the 
                Secretary determines appropriate; and
            (2) may consider, where available, any relevant threat 
        assessment or report prepared by the Director of National 
        Intelligence completed or conducted at the request of the 
        Secretary.

SEC. 6. DESIGNATION OF FOREIGN ADVERSARIES.

    (a) In General.--
            (1) Designation.--The Secretary may, in consultation with 
        the Director of National Intelligence, designate any foreign 
        government or regime as a foreign adversary if the Secretary 
        finds that the foreign government or regime is engaged in a 
        long-term pattern or serious instances of conduct significantly 
        adverse to the national security of the United States or 
        security and safety of United States persons.
            (2) Removal of designation.--The Secretary may, in 
        consultation with the Director of National Intelligence, remove 
        the designation of any foreign government or regime as a 
        foreign adversary, including any foreign government or regime 
        identified in section 2(8), if the Secretary finds that the 
        foreign government or regime is no longer engaged in a long-
        term pattern or serious instances of conduct significantly 
        adverse to the national or economic security of the United 
        States or security and safety of United States persons in a 
        manner that would warrant designation as a foreign adversary.
    (b) Notice.--Not later than 15 days before the date on which the 
Secretary makes or removes a designation under subsection (a), the 
Secretary shall, by classified communication, notify the President pro 
tempore, Majority Leader, and Minority Leader of the Senate, the 
Speaker and Minority Leader of the House of Representatives, and the 
relevant committees of Congress, in writing, of the intent to designate 
a foreign government or regime as a foreign adversary under this 
section, together with the findings made under subsection (a) with 
respect to the foreign government or regime and the factual basis 
therefor.

SEC. 7. RESOLUTION OF DISAPPROVAL OF DESIGNATION OR REMOVAL OF 
              DESIGNATION OF A FOREIGN ADVERSARY.

    (a) Definition.--In this section--
            (1) the term ``covered joint resolution'' means a joint 
        resolution of disapproval of designation or a joint resolution 
        of disapproval of removal of designation;
            (2) the term ``joint resolution of disapproval of 
        designation'' means a joint resolution the matter after the 
        resolving clause of which is as follows: ``That Congress 
        disapproves the designation by the Secretary of Commerce of ___ 
        as a foreign adversary for purposes of the Securing the 
        Information and Communications Technology and Services Supply 
        Chain Act of 2023, and such designation shall have no force or 
        effect until the Secretary of Commerce provides specific 
        evidence to the relevant committees of Congress regarding the 
        removal of designation under section 6(a) of that Act.'' (The 
        blank space being appropriately filled in with the name of the 
        foreign person of which the Secretary has designated as a 
        foreign adversary of for purposes of this Act); and
            (3) the term ``joint resolution of disapproval of removal 
        of designation'' means a joint resolution the matter after the 
        resolving clause of which is as follows: ``That Congress 
        disapproves the removal of designation by the Secretary of 
        Commerce of ___ as a foreign adversary for purposes of the 
        Securing the Information and Communications Technology and 
        Services Supply Chain Act of 2023, and such removal shall have 
        no force or effect until the Secretary of Commerce provides 
        specific evidence to the relevant committees of Congress 
        regarding the removal of designation under section 6(a) of that 
        Act.'' (The blank space being appropriately filled in with the 
        name of the foreign government or regime of which the Secretary 
        has removed the designation as a foreign adversary of for 
        purposes of this Act).
    (b) Expedited Consideration of Legislation.--
            (1) Initiation.--In the event the Secretary designates a 
        foreign government or regime as a foreign adversary or removes 
        such designation as a foreign adversary, a joint resolution of 
        disapproval of designation or a joint resolution of disapproval 
        of removal of designation, as applicable, that is introduced 
        during the 60-calendar day period thereafter shall be entitled 
        to expedited consideration pursuant to this subsection.
            (2) Introduction.--During the 60-calendar day period 
        provided for in paragraph (1), a covered joint resolution may 
        be introduced--
                    (A) in the Senate, by the Majority Leader (or the 
                designee of the Majority Leader) or the Minority Leader 
                (or the designee of the Minority Leader); and
                    (B) in the House of Representatives, by the Speaker 
                or the Minority Leader.
            (3) Floor consideration in house of representatives.--
                    (A) Reporting and discharge.--If a relevant 
                committee of the House to which a covered joint 
                resolution has been referred has not reported such 
                covered joint resolution within 10 legislative days 
                after the date of referral, that committee shall be 
                discharged from further consideration thereof.
                    (B) Proceeding to consideration.--Beginning on the 
                third legislative day after each committee to which 
                covered joint resolution has been referred reports the 
                covered joint resolution to the House or has been 
                discharged from further consideration thereof, it shall 
                be in order to move to proceed to consider the covered 
                joint resolution in the House. All points of order 
                against the motion are waived. Such a motion shall not 
                be in order after the House has disposed of a motion to 
                proceed on the covered joint resolution with regard to 
                the same agreement. The previous question shall be 
                considered as ordered on the motion to its adoption 
                without intervening motion. The motion shall not be 
                debatable. A motion to reconsider the vote by which the 
                motion is disposed of shall not be in order.
                    (C) Consideration.--The covered joint resolution 
                shall be considered as read. All points of order 
                against the covered joint resolution and against its 
                consideration are waived. The previous question shall 
                be considered as ordered on the covered joint 
                resolution to final passage without intervening motion 
                except 2 hours of debate equally divided and controlled 
                by the sponsor of the covered joint resolution (or a 
                designee) and an opponent. A motion to reconsider the 
                vote on passage of the covered joint resolution shall 
                not be in order.
            (4) Consideration in the senate.--
                    (A) Committee referral.--A covered joint resolution 
                introduced in the Senate shall be referred to the 
                relevant committees of the Senate.
                    (B) Reporting and discharge.--If a relevant 
                committee of the Senate has not reported such covered 
                joint resolution within 10 session days after the date 
                of referral of such legislation, that committee shall 
                be discharged from further consideration of such 
                legislation and the covered joint resolution shall be 
                placed on the appropriate calendar.
                    (C) Proceeding to consideration.--Notwithstanding 
                Rule XXII of the Standing Rules of the Senate, it is in 
                order at any time after each committee authorized to 
                consider covered joint resolution reports it to the 
                Senate or has been discharged from its consideration 
                (even though a previous motion to the same effect has 
                been disagreed to) to move to proceed to the 
                consideration of the covered joint resolution, and all 
                points of order against covered joint resolution (and 
                against consideration of the covered joint resolution) 
                are waived. The motion to proceed is not debatable. The 
                motion is not subject to a motion to postpone. A motion 
                to reconsider the vote by which the motion is agreed to 
                or disagreed to shall not be in order. If a motion to 
                proceed to the consideration of the covered joint 
                resolution is agreed to, the covered joint resolution 
                shall remain the unfinished business until disposed of.
                    (D) Debate.--Debate on covered joint resolution, 
                and on all debatable motions and appeals in connection 
                therewith, shall be limited to not more than 10 hours, 
                which shall be divided equally between the majority and 
                minority leaders or their designees. A motion to 
                further limit debate is in order and not debatable. An 
                amendment to, or a motion to postpone, or a motion to 
                proceed to the consideration of other business, or a 
                motion to recommit the covered joint resolution is not 
                in order.
                    (E) Vote on passage.--The vote on passage shall 
                occur immediately following the conclusion of the 
                debate on the covered joint resolution and a single 
                quorum call at the conclusion of the debate, if 
                requested in accordance with the rules of the Senate.
                    (F) Rulings of the chair on procedure.--Appeals 
                from the decisions of the Chair relating to the 
                application of the rules of the Senate, as the case may 
                be, to the procedure relating to a covered joint 
                resolution shall be decided without debate.
                    (G) Consideration of veto messages.--Debate in the 
                Senate of any veto message with respect to a covered 
                joint resolution, including all debatable motions and 
                appeals in connection with such covered joint 
                resolution, shall be limited to 10 hours, to be equally 
                divided between, and controlled by, the Majority Leader 
                and the Minority Leader or their designees.
            (5) Rules relating to senate and house of 
        representatives.--
                    (A) Coordination with action by other house.--If, 
                before the passage by one House of a covered joint 
                resolution of that House, that House receives a covered 
                joint resolution from the other House, then the 
                following procedures shall apply:
                            (i) The covered joint resolution of the 
                        other House shall not be referred to a 
                        committee.
                            (ii) With respect to covered joint 
                        resolution of the House receiving the 
                        legislation--
                                    (I) the procedure in that House 
                                shall be the same as if no covered 
                                joint resolution had been received from 
                                the other House; but
                                    (II) the vote on passage shall be 
                                on the covered joint resolution of the 
                                other House.
                    (B) Treatment of a covered joint resolution of 
                other house.--If one House fails to introduce a covered 
                joint resolution under this section, the covered joint 
                resolution of the other House shall be entitled to 
                expedited floor procedures under this section.
                    (C) Treatment of companion measures.--If, following 
                passage of the covered joint resolution in the Senate, 
                the Senate then receives a companion measure from the 
                House of Representatives, the companion measure shall 
                not be debatable.
    (c) Rules of Senate and House of Representatives.--Subsection (b) 
is enacted by Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and the House of Representatives, respectively, and as such are 
        deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        that House in the case of legislation described in those 
        sections, and supersede other rules only to the extent that 
        they are inconsistent with such rules; and
            (2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.
    (d) Effect of Covered Joint Resolution.--
            (1) Joint resolutions of disapproval of designation.--A 
        joint resolution of disapproval of designation that is enacted 
        in accordance with this section shall remove the designation as 
        a foreign adversary of a foreign government or regime that is 
        the subject of the joint resolution of disapproval of 
        designation for purposes of this Act.
            (2) Joint resolutions of disapproval of removal of 
        designation.--A joint resolution of disapproval of removal of 
        designation that is enacted in accordance with this section 
        shall prohibit the removal of designation as a foreign 
        adversary of a foreign government or regime that is the subject 
        of the joint resolution of disapproval of removal of 
        designation for purposes of this Act.

SEC. 8. IMPLEMENTING AUTHORITIES.

    (a) Regulations.--In carrying out the responsibilities under this 
Act, the Secretary may establish such rules, regulations, and 
procedures as the Secretary considers appropriate.
    (b) Classes of Transactions.--In conducting reviews, promulgating 
regulations, implementing prohibitions or other mitigation measures, or 
otherwise carrying out the responsibilities under this Act, the 
Secretary may take action with respect to both individual covered 
transactions and classes of covered transactions.
    (c) Other Authorities.--
            (1) In general.--The Secretary may issue guidance, 
        including advisory opinions, and establish procedures to carry 
        out this Act.
            (2) Lists of foreign persons.--The Secretary may create 
        lists of foreign persons that may be subject to prohibitions or 
        restrictions and related mechanisms to revise and update such 
        lists periodically.
            (3) Additional authority.--The Secretary may undertake any 
        other action as necessary to carry out the responsibilities 
        under this Act that is not otherwise prohibited by law.
    (d) Advisory Committees.--The Secretary may appoint technical 
advisory committees to advise the Secretary in carrying out the 
responsibilities under this Act. Chapter 10 of part 1 of title 5, 
United States Code, shall not apply to any meeting of such an advisory 
committee held pursuant to this subsection.

SEC. 9. INFORMATION TO BE FURNISHED.

    (a) In General.--The Secretary may require any party to a 
transaction or holding under review or investigation pursuant to this 
Act to furnish under oath, in the form of reports or otherwise, at any 
time as may be required by the Secretary, complete information relative 
to any act, transaction, or holding, subject to the provisions of this 
Act.
    (b) Authority.--In carrying out this Act, the Secretary may--
            (1) require that information or reports required to be 
        submitted under subsection (a) include the production of any 
        documents relating to any act, transaction, or property 
        relating to a transaction or holding under review or 
        investigation;
            (2) require information or reports required to be submitted 
        under subsection (a) before, during, or after consummation of a 
        transaction or holding under review or investigation; and
            (3) conduct investigations, hold hearings, administer 
        oaths, examine witnesses, receive evidence, take depositions, 
        and require by subpoena the attendance and testimony of 
        witnesses and the production of any documents relating to any 
        transaction or holding under review or investigation, 
        regardless of whether any report has been required or filed in 
        connection therewith, including through another person or 
        agency.
    (c) Format.--Any person producing any document to the Secretary 
pursuant to this section shall produce the document in a format useable 
to the Department of Commerce, which may be detailed in the request for 
documents or otherwise agreed to by the parties.
    (d) Confidentiality and Disclosure of Information.--
            (1) In general.--Subject to paragraph (2), any information 
        or document not otherwise publicly or commercially available 
        that has been submitted to the Secretary under this Act shall 
        not be released publicly except to the extent required by 
        Federal law.
            (2) Disclosure.--Not withstanding paragraph (1), the 
        Secretary may disclose information or documents that are not 
        otherwise publicly or commercially available in the following 
        circumstances:
                    (A) Pursuant to an administrative or judicial 
                proceeding, including any judicial review under section 
                12.
                    (B) Pursuant to an Act of Congress.
                    (C) Pursuant to a request from a relevant committee 
                of Congress.
                    (D) Pursuant to a request from any Federal, State, 
                or local governmental entity, or to any foreign 
                government entity of a United States ally or partner, 
                if such request is important to the national security 
                analysis or actions of the Secretary, but only to the 
                extent necessary for national security purposes, and 
                subject to appropriate confidentiality and 
                classification requirements.
                    (E) If any party to whom the information or 
                documents pertain consents to such disclosure.
                    (F) If the Secretary determines, in the sole and 
                unreviewable discretion of the Secretary, that the 
                release of such information is in the national interest 
                of the United States.
                    (G) Any other purpose authorized by Federal law.

SEC. 10. ENFORCEMENT.

    (a) Investigations.--
            (1) In general.--The President shall rely on, including by 
        delegation, the Secretary, and the heads of other Federal 
        agencies, as appropriate, to conduct investigations of 
        violations of any authorization, order, mitigation measure, 
        regulation, or prohibition issued under this Act.
            (2) Actions by designees.--In conducting investigations 
        described in paragraph (1), designated officers or employees of 
        Federal agencies described that paragraph may, to the extent 
        necessary or appropriate to enforce this Act, exercise such 
        authority as is conferred upon them by any other Federal law, 
        subject to policies and procedures approved by the Attorney 
        General.
    (b) Permitted Activities.--Officers and employees of agencies 
authorized to conduct investigations under subsection (a) may--
            (1) inspect, search, detain, seize, or impose temporary 
        denial orders with respect to items, in any form, or 
        conveyances on which it is believed that there are items that 
        have been, are being, or are about to be imported into the 
        United States in violation of this Act or any other applicable 
        Federal law;
            (2) require, inspect, and obtain books, records, and any 
        other information from any person subject to the provisions of 
        this Act or other applicable Federal law;
            (3) administer oaths or affirmations and, by subpoena, 
        require any person to appear and testify or to appear and 
        produce books, records, and other writings, or both; and
            (4) obtain court orders and issue legal process to the 
        extent authorized under chapters 119, 121, and 206 of title 18, 
        United States Code, or any other applicable Federal law.
    (c) Enforcement of Subpoenas.--In the case of contumacy by, or 
refusal to obey a subpoena issued to, any person under subsection 
(b)(3), a district court of the United States, after notice to such 
person and a hearing, shall have jurisdiction to issue an order 
requiring such person to appear and give testimony or to appear and 
produce books, records, and other writings, regardless of format, that 
are the subject of the subpoena. Any failure to obey such order of the 
court may be punished by such court as a contempt thereof.
    (d) Actions by the Attorney General.--The Attorney General may 
bring an action in an appropriate district court of the United States 
for appropriate relief, including declaratory and injunctive, or 
divestment relief, against any person who violates this Act or any 
regulation, order, direction, mitigation measure, prohibition, or other 
authorization or directive issued under this Act. In any such action, 
the limitations as described under section 12(b) shall apply.

SEC. 11. PENALTIES.

    (a) Unlawful Acts.--
            (1) In general.--It shall be unlawful for a person to 
        violate, attempt to violate, conspire to violate, or cause a 
        violation of any regulation, order, direction, mitigation 
        measure, prohibition, or other authorization or directive 
        issued under this Act, including any of the unlawful acts 
        described in paragraph (2).
            (2) Specific unlawful acts.--The unlawful acts described in 
        this paragraph are the following:
                    (A) No person may engage in any conduct prohibited 
                by or contrary to, or refrain from engaging in any 
                conduct required by any regulation, order, direction, 
                mitigation measure, prohibition, or other authorization 
                or directive issued under this Act.
                    (B) No person may cause or aid, abet, counsel, 
                command, induce, procure, permit, or approve the doing 
                of any act prohibited by, or the omission of any act 
                required by any regulation, order, direction, 
                mitigation measure, prohibition, or other authorization 
                or directive issued under, this Act.
                    (C) No person may solicit or attempt a violation of 
                any regulation, order, direction, mitigation measure, 
                prohibition, or authorization or directive issued under 
                this Act.
                    (D) No person may conspire or act in concert with 1 
                or more other person in any manner or for any purpose 
                to bring about or to do any act that constitutes a 
                violation of any regulation, order, direction, 
                mitigation measure, prohibition, or other authorization 
                or directive issued under this Act.
                    (E) No person may, whether directly or indirectly 
                through any other person, make any false or misleading 
                representation, statement, or certification, or falsify 
                or conceal any material fact, to the Department of 
                Commerce or any official of any other executive 
                department or agency--
                            (i) in the course of an investigation or 
                        other action subject to this Act, or any 
                        regulation, order, direction, mitigation 
                        measure, prohibition, or other authorization or 
                        directive issued thereunder; or
                            (ii) in connection with the preparation, 
                        submission, issuance, use, or maintenance of 
                        any report filed or required to be filed 
                        pursuant to this Act, or any regulation, order, 
                        direction, mitigation measure, prohibition, or 
                        other authorization or directive issued 
                        thereunder.
                    (F) No person may engage in any transaction or take 
                any other action with intent to evade the provisions of 
                this Act, or any regulation, order, direction, 
                mitigation measure, prohibition, or other authorization 
                or directive issued thereunder.
                    (G) No person may fail or refuse to comply with any 
                reporting or recordkeeping requirement of this Act, or 
                any regulation, order, direction, mitigation measure, 
                prohibition, or other authorization or directive issued 
                thereunder.
                    (H) Except as specifically authorized in this 
                subchapter, any regulation, order, direction, 
                mitigation measure, or other authorization or directive 
                issued thereunder or in writing by the Department of 
                Commerce, no person may alter any order, direction, 
                mitigation measure, or other authorization or directive 
                issued under this Act or any related regulation.
            (3) Additional requirements.--
                    (A) Continuation of effect.--For purposes of 
                paragraph (2)(E), any representation, statement, or 
                certification made by any person shall be deemed to be 
                continuing in effect until the person notifies the 
                Department of Commerce or relevant executive department 
                or agency in accordance with subparagraph (B).
                    (B) Notification.--Any person who makes a 
                representation, statement, or certification to the 
                Department of Commerce or any official of any other 
                executive department or agency relating to any order, 
                direction, mitigation measure, prohibition, or other 
                authorization or directive issued under this Act shall 
                notify the Department of Commerce or the relevant 
                executive department or agency, in writing, of any 
                change of any material fact or intention from that 
                previously represented, stated, or certified, 
                immediately upon receipt of any information that would 
                lead a reasonably prudent person to know that a change 
                of material fact or intention had occurred or may occur 
                in the future.
    (b) Civil Penalties.--The Secretary may impose the following civil 
penalties on a person for each violation by that person of this Act or 
any regulation, order, direction, mitigation measure, prohibition, or 
other authorization issued under this Act:
            (1) A fine of not more than $250,000 or an amount that is 
        twice the value of the transaction that is the basis of the 
        violation with respect to which the penalty is imposed, 
        whichever is greater.
            (2) Revocation of any mitigation measure or authorization 
        issued under this Act to the person.
    (c) Criminal Penalties.--
            (1) In general.--A person who willfully commits, willfully 
        attempts to commit, or willfully conspires to commit, or aids 
        or abets in the commission of an unlawful act described in 
        subsection (a) shall, upon conviction, be fined not more than 
        $1,000,000, or if a natural person, may be imprisoned for not 
        more than 20 years, or both.
            (2) Civil forfeiture.--
                    (A) Forfeiture.--
                            (i) In general.--Any property, real or 
                        personal, tangible or intangible, used or 
                        intended to be used, in any manner, to commit 
                        or facilitate a violation or attempted 
                        violation described in paragraph (1) shall be 
                        subject to forfeiture to the United States.
                            (ii) Proceeds.--Any property, real or 
                        personal, tangible or intangible, constituting 
                        or traceable to the gross proceeds taken, 
                        obtained, or retained, in connection with or as 
                        a result of a violation or attempted violation 
                        described in paragraph (1) shall be subject to 
                        forfeiture to the United States.
                    (B) Procedure.--Seizures and forfeitures under this 
                subsection shall be governed by the provisions of 
                chapter 46 of title 18, United States Code, relating to 
                civil forfeitures, except that such duties as are 
                imposed on the Secretary of Treasury under the customs 
                laws described in section 981(d) of title 18, United 
                States Code, shall be performed by such officers, 
                agents, and other persons as may be designated for that 
                purpose by the Secretary of Homeland Security or the 
                Attorney General.
            (3) Criminal forfeiture.--
                    (A) Forfeiture.--Any person who is convicted under 
                paragraph (1) shall, in addition to any other penalty, 
                forfeit to the United States--
                            (i) any property, real or personal, 
                        tangible or intangible, used or intended to be 
                        used, in any manner, to commit or facilitate 
                        the violation or attempted violation of 
                        paragraph (1); and
                            (ii) any property, real or personal, 
                        tangible or intangible, constituting or 
                        traceable to the gross proceeds taken, 
                        obtained, or retained, in connection with or as 
                        a result of the violation.
                    (B) Procedure.--The criminal forfeiture of property 
                under this paragraph, including any seizure and 
                disposition of the property, and any related judicial 
                proceeding, shall be governed by the provisions of 
                section 413 of the Controlled Substances Act (21 U.S.C. 
                853), except subsections (a) and (d) of that section.

SEC. 12. JUDICIAL REVIEW.

    (a) Definition.--In this section, the term ``classified 
information''--
            (1) has the meaning given the term in section 1(a) of the 
        Classified Information Procedures Act (18 U.S.C. App.); and
            (2) includes--
                    (A) any information or material that has been 
                determined by the Federal Government pursuant to an 
                Executive order, statute, or regulation to require 
                protection against unauthorized disclosure for reasons 
                of national security; and
                    (B) any restricted data, as defined in section 11 
                of the Atomic Energy Act of 1954 (42 U.S.C. 2014).
    (b) Administrative and Judicial Review.--Notwithstanding any other 
provision of law, actions taken by the President and the Secretary, and 
the findings of the President and the Secretary, under this Act shall 
not be subject to administrative review or judicial review in any 
Federal court, except as otherwise provided in this section. Actions 
taken by the Secretary under this Act shall not be subject to sections 
551, 553 through 559, and 701 through 707 of title 5, United States 
Code.
    (c) Petitions.--
            (1) In general.--Not later than 60 days after the Secretary 
        takes action under section 3(a), or the President takes action 
        under section 4(c), an aggrieved person may apply for review by 
        filing a petition for review in the United States Court of 
        Appeals for the District of Columbia Circuit.
            (2) Standard of review.--The court shall not disturb any 
        action taken by the Secretary under section 3(a), or by the 
        President under section 4(c), unless the petitioner 
        demonstrates that the action is unconstitutional or in patent 
        violation of a clear and mandatory statutory command.
    (d) Exclusive Jurisdiction.--The United States Court of Appeals for 
the District of Columbia Circuit shall have exclusive jurisdiction over 
claims arising under this Act against the United States, any executive 
department or agency, or any component or official of an executive 
department or agency, subject to review by the Supreme Court of the 
United States under section 1254 of title 28, United States Code.
    (e) Administrative Record and Procedure.--
            (1) In general.--The procedures described in this 
        subsection shall apply to the review of a petition for review 
        under this section.
            (2) Filing of record.--The United States shall file with 
        the court an administrative record, which shall consist of the 
        information that the appropriate official relied upon in taking 
        a final action under this Act.
            (3) Unclassified, nonprivileged information.--All 
        unclassified information contained in the administrative record 
        filed pursuant to paragraph (2) that is not otherwise 
        privileged or subject to statutory protections shall be 
        provided to the petitioner with appropriate protections for any 
        privileged or confidential trade secrets and commercial or 
        financial information.
            (4) In camera and ex parte review.--The following 
        information may be included in the administrative record and 
        shall be submitted only to the court ex parte and in camera:
                    (A) Sensitive security information, as defined by 
                section 1520.5 of title 49, Code of Federal 
                Regulations.
                    (B) Privileged law enforcement information.
                    (C) Information obtained or derived from any 
                activity authorized under the Foreign Intelligence 
                Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), 
                except that, with respect to such information, 
                subsections (c), (e), (f), (g), and (h) of section 106 
                (50 U.S.C. 1806), subsections (d), (f), (g), (h), and 
                (i) of section 305 (50 U.S.C. 1825), subsections (c), 
                (e), (f), (g), and (h) of section 405 (50 U.S.C. 1845), 
                and section 706 (50 U.S.C. 1881e) of that Act shall not 
                apply.
                    (D) Information subject to privilege or protections 
                under any other provision of law, including the 
                Currency and Foreign Transactions Reporting Act of 1970 
                (31 U.S.C. 5311 et seq.).
            (5) Information under seal.--Any information that is part 
        of the administrative record filed ex parte and in camera under 
        paragraph (4), or cited by the court in any decision, shall be 
        treated by the court consistent with the provisions of this 
        section. In no event shall such information be released to the 
        petitioner or as part of the public record.
            (6) Return.--After the expiration of the time to seek 
        further review, or the conclusion of further proceedings, the 
        court shall return the administrative record, including any and 
        all copies, to the United States.
    (f) Exclusive Remedy.--A determination by the court under this 
section shall be the exclusive judicial remedy for any claim described 
in this section against the United States, any executive department or 
agency, or any component or official of any such executive department 
or agency.
    (g) Rule of Construction.--Nothing in this section shall be 
construed as limiting, superseding, or preventing the invocation of, 
any privileges or defenses that are otherwise available at law or in 
equity to protect against the disclosure of information.

SEC. 13. RELATIONSHIP TO OTHER LAWS.

    (a) In General.--Except as expressly provided herein, nothing in 
this Act shall be construed to alter or affect any other authority, 
process, regulation, investigation, enforcement measure, or review 
provided by or established under any other provision of Federal law, 
including the Federal Acquisition Regulation or the International 
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), or any other 
authority of the President or Congress under the Constitution of the 
United States.
    (b) Relationship to Section 721 of the Defense Production Act of 
1950.--
            (1) In general.--Notwithstanding section 721(d)(4)(B) of 
        the Defense Production Act of 1950 (50 U.S.C. 4565(d)(4)(B)), 
        nothing in this Act shall prevent or preclude the President or 
        the Committee on Foreign Investment in the United States from 
        exercising any authority under section 721 of the Defense 
        Production Act of 1950 (50 U.S.C. 4565 et seq.), as would be 
        available in the absence of this Act.
            (2) Authority of the president.--The President may not 
        exercise any authority under section 4 with respect to a 
        covered holding that directly resulted from a transaction if--
                    (A) the Committee on Foreign Investment in the 
                United States reviewed the transaction (or a broader 
                transaction that included the transaction) as a covered 
                transaction (as defined in section 721(a)(4) of the 
                Defense Production Act of 1950 (50 U.S.C. 4565(a)(4)) 
                and its implementing regulations; and
                    (B) under section 721 of the Defense Production Act 
                of 1950 (50 U.S.C. 4565)--
                            (i) the Committee on Foreign Investment in 
                        the United States cleared the transaction and 
                        notified the parties to the transaction (or a 
                        broader transaction that included the 
                        transaction) that the Committee on Foreign 
                        Investment in the United States completed all 
                        action with respect to the transaction (or a 
                        broader transaction that included the 
                        transaction); or
                            (ii) the President announced a decision 
                        declining to take action with respect to the 
                        transaction (or a broader transaction that 
                        included the transaction).
            (3) Coordination.--The Secretary shall address coordination 
        with respect to review by the Committee on Foreign Investment 
        in the United States in implementing the procedures under this 
        Act.
    (c) Limitation of Authority of the Secretary.--The Secretary may 
not initiate a review of any transaction that involves the acquisition 
of an information and communications technology product or service by a 
United States person as a party to a transaction--
            (1) authorized under a United States government-industrial 
        security program; or
            (2) to meet an articulable national security or law 
        enforcement requirement.

SEC. 14. TRANSITION.

    All delegations, rules, regulations, orders, determinations, 
licenses, or other forms of administrative action taken by the 
Secretary made, issued, conducted, or allowed to become effective under 
Executive Order 13873 of May 19, 2019 and the International Emergency 
Economic Powers Act (50 U.S.C. 1701 et seq.), including regulations 
issued under part 7 of subtitle A of title 15, Code of Federal 
Regulations, and are in effect as of the date of enactment of this Act, 
shall continue in effect according to their terms and as if made, 
issued, conducted, or allowed to become effective pursuant to the 
authority of this Act, until modified, superseded, set aside, or 
revoked under the authority of this Act, without regard to any 
restriction or limitation under the International Emergency Economic 
Powers Act (50 U.S.C. 1701 et seq.).

SEC. 15. MISCELLANEOUS.

    (a) Paperwork Reduction Act.--The requirements of chapter 35 of 
title 44, United States Code (commonly referred to as the ``Paperwork 
Reduction Act''), shall not apply to any action by the Secretary to 
implement this Act.
    (b) Appointment of Candidates.--To expedite the ability of the 
Secretary to implement this Act, the Secretary may appoint, without 
regard to the provisions of sections 3309 through 3318 of title 5, 
United States Code, candidates directly to positions in the competitive 
service (as defined in section 212 of that title).
    (c) Administrative Procedures.--Except with respect to a civil 
penalty imposed pursuant to section 9(b) of this Act, the functions 
exercised under this Act shall not be subject to sections 551, 553 
through 559, and 701 through 706 of title 5, United States Code.
    (d) Protected Information in Civil Actions.--If a civil action 
challenging an action or finding under this Act is brought, and the 
court determines that protected information in the administrative 
record, including classified or other information subject to privilege 
or protections under any provision of law, is necessary to resolve the 
action, that information shall be submitted ex parte and in camera to 
the court and the court shall maintain that information under seal. 
This subsection does not confer or imply any right to judicial review.
    (e) Applicability of Use of Information Provisions.--The use of 
information provisions of sections 106, 305, 405, and 706 of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1806, 1825, 
1845, and 1881e) shall not apply in a civil action brought under this 
Act.
    (f) No Right of Access.--
            (1) In general.--No provision of this Act shall be 
        construed to create a right to obtain access to information in 
        the possession of the Federal Government that was considered in 
        making a determination under this Act that a transaction is a 
        covered transaction or interest or to prohibit, mitigate, or 
        take action against a covered transaction or interest, 
        including any classified national security information or 
        sensitive but unclassified information.
            (2) Inapplicability of foia.--Any information submitted to 
        the Federal Government by a party to a covered transaction in 
        accordance with this Act, as well as any information the 
        Federal Government may create relating to review of the covered 
        transaction, is exempt from disclosure under section 552 of 
        title 5, United States Code (commonly referred to as the 
        ``Freedom of Information Act'').

SEC. 16. SEVERABILITY.

    If any provision of this Act, or the application of such provision 
to any person or circumstance is held to be invalid, the remainder of 
this Act, and the application of the remaining provisions of this Act 
to any person or circumstance, shall not be affected.

SEC. 17. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act.
                                 &lt;all&gt;
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