,,ii #aahth ,,congress #ast ,session ,s4 #fhf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #g1 #bjbc ,mr4 ,warner 7for himself1 ,mr4 ,thune1 ,ms4 ,baldwin1 ,mrs4 ,fischer1 ,mr4 ,manchin1 ,mr4 ,moran1 ,mr4 ,bennet1 ,mr4 ,sullivan1 ,mrs4 ,gillibrand1 ,ms4 ,collins1 ,mr4 ,heinrich1 ,mr4 ,romney1 and ,mrs4 ,capito7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to authorize the ,secretary of ,commerce to review and prohibit certain transactions between persons in the ,united ,states and foreign adversaries1 and for other purposes4 #a4 ,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 ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,classified national security information ,the term classified national security information means information that has been determined pursuant to ,executive ,order #acebf 7#ej ,u4,s4,c4 #cafa note2 relating to classified national security information7 or any predecessor or successor order1 to require protection against unauthorized disclosure1 and is marked to indicate such classified status if in documentary form4 7#b7 ,controlling holding ,the term controlling holding means a holding with the power1 whether direct or indirect and whether exercised or not exercised1 to determine1 direct1 or decide important matters affecting an entity4 7#c7 ,covered holding ,the term covered holding-- 7,a7 means1 regardless of how or when such holding was or will be obtained or otherwise come to have been held1 a controlling holding held1 directly or indirectly1 in an ,,icts covered holding entity by-- 7i7 a foreign adversary2 7ii7 an entity subject to the jurisdiction of1 or organized under the laws of1 a foreign adversary2 or 7iii7 an entity owned1 directed1 or controlled by an entity described in subparagraphs 7i7 or 7ii72 and 7,b7 includes any other holding1 the structure of which is designed or intended to evade or circumvent the application of this ,act1 subject to regulations prescribed by the ,secretary4 7#d7 ,covered transaction 7,a7 ,in general ,the term covered transaction means a transaction in which an entity described in subparagraph 7,b7 has any interest 7including through an interest in a contract for the provision of the technology or service71 or any class of such transactions4 7,b7 ,covered entities ,the entities described in this subparagraph are3 7i7 a foreign adversary2 7ii7 an entity subject to the jurisdiction of1 or organized under the laws of1 a foreign adversary2 and 7iii7 an entity owned1 directed1 or controlled by a person described in subparagraph 7,a7 or 7,b74 7,c7 ,non-evasion ,the term covered transaction includes any other transaction1 the structure of which is designed or intended to evade or circumvent the application of this ,act1 subject to regulations prescribed by the ,secretary4 7,d7 ,timing ,the term covered transaction includes a current1 past1 or potential future transaction4 7#e7 ,critical infrastructure ,the term critical infrastructure has the meaning given the term in section #ajaf7;e7 of the ,,usa ,,patriot ,act 7#db ,u4,s4,c4 #eaie;c7e774 7#f7 ,entity ,the term entity means any of the following1 whether established in the ,united ,states or outside of the ,united ,states3 7,a7 ,a firm4 7,b7 ,a government1 government agency1 government department1 or government commission4 7,c7 ,a labor union4 7,d7 ,a fraternal or social organization4 7,e7 ,a partnership4 7,f7 ,a trust4 7,g7 ,a joint venture4 7,h7 ,a corporation4 7,i7 ,a group1 subgroup1 or other association or organization whether or not organized for profit4 7#g7 ,executive department and agency ,the term executive department and agency has the meaning given the term ,executive agency in section #aje of title #e1 ,united ,states ,code4 7#h7 ,foreign adversary ,the term foreign adversary-- 7,a7 means any foreign government or regime1 determined by the ,secretary1 pursuant to sections #c and #e1 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 persons2 and 7,b7 includes1 unless removed by the ,secretary pursuant to section #f-- 7i7 the ,people's ,republic of ,china1 including the ,hong ,kong ,special ,administrative ,region and ,macao ,special ,administrative ,region2 7ii7 the ,republic of ,cuba2 7iii7 the ,islamic ,republic of ,iran2 7iv7 the ,democratic ,people's ,republic of ,korea2 7v7 the ,russian ,federation2 and 7vi7 the ,bolivarian ,republic of ,venezuela under the regime of ,nicols ,maduro ,moros4 7#i7 ,holding ,the term holding-- 7,a7 means-- 7i7 an equity interest2 7ii7 a stock2 7iii7 a security2 7iv7 a share2 7v7 a partnership interest2 7vi7 an interest in a limited liability company2 7vii7 a membership interest2 or 7viii7 any participation1 right1 or other equivalent1 however designated and of any character2 and 7,b7 includes1 without limitation1 any security convertible into an ownership interest and right1 warrant1 or option to acquire ownership interests4 7#aj7 ,,icts covered holding entity ,the term ,,icts covered holding entity means any entity that-- 7,a7 owns1 controls1 or manages information and communications technology products or services2 and 7,b7 7i7 has not less than #a1jjj1jjj ,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 ,president2 or 7ii7 for which more than #a1jjj1jjj units have been sold to persons in the ,united ,states before the date on which the covered holding is referred to the ,president4 7#aa7 ,information and communications technology products or services ,the term information and communications technology products or services means any hardware1 software1 or other product or service primarily intended to fulfill or enable the function of information or data processing1 storage1 retrieval1 or communication by electronic means1 including transmission1 storage1 and display4 7#ab7 ,mitigation measure ,the term mitigation measure means a measure agreed to in an agreement between any relevant party and the ,federal ,government1 or ordered by the ,federal ,government and of which any relevant party has been notified1 in any matter addressed under this ,act to address any risk arising from a covered transaction or associated with a covered holding4 7#ac7 ,person ,the term person means a natural person1 including a citizen or national of the ,united ,states or of any foreign country4 7#ad7 ,relevant executive department and agency heads ,the term relevant executive department and agency heads means-- 7,a7 the ,secretary of ,treasury2 7,b7 the ,secretary of ,state2 7,c7 the ,secretary of ,defense2 7,d7 the ,attorney ,general2 7,e7 the ,secretary of ,homeland ,security2 7,f7 the ,united ,states ,trade ,representative2 7,g7 the ,director of ,national ,intelligence2 7,h7 the ,administrator of ,general ,services2 7,i7 the ,chairman of the ,federal ,communications ,commission2 and 7,j7 the heads of other executive departments and agencies1 as appropriate4 7#ae7 ,relevant committees of congress ,the term relevant committees of ,congress means-- 7,a7 the ,committee on ,commerce1 ,science1 and ,transportation1 the ,committee on the ,judiciary1 the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,committee on ,foreign ,relations1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 the ,committee on ,armed ,services1 the ,committee on ,rules and ,administration1 and the ,select ,committee on ,intelligence of the ,senate2 and 7,b7 the ,committee on ,energy and ,commerce1 the ,committee on the ,judiciary1 the ,committee on ,homeland ,security1 the ,committee on ,oversight and ,accountability1 the ,committee on ,foreign ,affairs1 the ,committee on ,armed ,services1 the ,committee on ,house ,administration1 and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 7#af7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4 7#ag7 ,transaction ,the term transaction means any acquisition1 importation1 transfer1 installation1 dealing in1 or use of any information and communications technology product or service1 including ongoing activities such as managed services1 data transmission1 software updates1 repairs1 or the provision of data hosting services1 or a class of such transactions4 #c4 ,addressing information and communication technology products and services that pose undue or unacceptable risk 7a7 ,in general ,the ,secretary1 in consultation with the relevant executive department and agency heads1 is authorized to and shall take action to identify1 deter1 disrupt1 prevent1 prohibit1 investigate1 or otherwise mitigate1 including by negotiating1 entering into1 or imposing1 and enforcing any mitigation measure to address any risk arising from any covered transaction by any person1 or with respect to any property1 subject to the jurisdiction of the ,united ,states that the ,secretary determines-- 7#a7 poses an undue or unacceptable risk of-- 7,a7 sabotage or subversion of the design1 integrity1 manufacturing1 production1 distribution1 installation1 operation1 or maintenance of information and communications technology products and services in the ,united ,states2 7,b7 catastrophic effects on the security or resilience of the critical infrastructure or digital economy of the ,united ,states2 7,c7 interfering in1 or altering the result or reported result of a ,federal election1 as determined in coordination with the ,attorney ,general1 the ,director of ,national ,intelligence1 the ,secretary of ,treasury1 and the ,federal ,election ,commission2 or 7,d7 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 ,states1 as determined in coordination with the ,attorney ,general1 the ,director of ,national ,intelligence1 the ,secretary of ,treasury1 and the ,federal ,election ,commission2 or 7#b7 otherwise poses an undue or unacceptable risk to the national security of the ,united ,states or the safety of ,united ,states persons4 7b7 ,procedure 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary1 in consultation with the relevant executive department and agency heads1 shall review any transaction described in subsection 7a7 to-- 7,a7 determine1 not later than #ahj days after the date on which the ,secretary initiates such review1 if such transaction poses an undue or unacceptable risk under subsection 7a77#b7 and qualifies as a covered transaction2 and 7,b7 with respect to a transaction found to pose an undue or unacceptable risk and qualify as a covered transaction1 determine whether-- 7i7 the covered transaction should be prohibited2 or 7ii7 any other action should be taken to mitigate the effects of the covered transaction4 7#b7 ,published explanations ,if practicable1 and consistent with the national security and law enforcement interests of the ,united ,states1 in coordination and in cooperation with the ,director of ,national ,intelligence1 the ,secretary shall publish information in a declassified form to explain how a covered transaction that the ,secretary denied or otherwise mitigated under paragraph 7#a7 meets the criteria established under subsection 7a7 or section #d7;a74 7#c7 ,certain administrative procedure requirements inapplicable ,section #eec of title #e1 ,united ,state ,code1 shall not apply to any regulation promulgated pursuant to paragraph 7#a74 #d4 ,addressing information and communications technology products and services holdings that pose undue or unacceptable risk 7a7 ,in general ,the ,secretary shall identify and refer to the ,president any covered holding that the ,secretary determines1 in consultation with the relevant executive department and agency heads1 poses an undue or unacceptable risk to the national security of the ,united ,states or the security and safety of ,united ,states persons4 7b7 ,procedure 7#a7 ,review and referral ,the ,secretary shall1 by regulation1 establish procedures by which the ,secretary1 in consultation with the relevant executive department and agency heads1 shall-- 7,a7 conduct reviews of holdings to determine if such holdings constitute covered holdings that pose an undue or unacceptable risk under subsection 7a72 and 7,b7 refer to the ,president covered holdings that are determined under subsection 7a7 to pose an undue or unacceptable risk4 7#b7 ,referrals prior to establishment of regulations ,at any time preceding the issuance of regulations or establishment of procedures under subparagraph 7#a71 the ,secretary may identify and refer to the ,president a holding determined to be a covered holding under subsection 7a7 for action by the ,president pursuant to subsection 7c7 if the ,secretary1 in the sole and unreviewable discretion of the ,secretary1 determines that such referral would be in the interest of national security4 7#c7 ,administrative procedure requirements inapplicable ,subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act7 shall not apply to any referral by the ,secretary to the ,president of a covered holding4 7c7 ,action by the ,president 7#a7 ,in general ,subject to section #ac1 with respect to any covered holding referred to the ,president under subsection 7a71 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 persons1 the ,president may take such action as the ,president considers appropriate to compel divestment of1 or otherwise mitigate the risk associated with1 such covered holding to the full extent the covered holding is subject to the jurisdiction of the ,united ,states1 with respect to-- 7,a7 the ,united ,states operations1 assets1 or property of the entity in which the covered holding is held1 or of any products or services owned1 controlled1 designed1 developed1 manufactured1 or supplied by the entity are used in the ,united ,states2 7,b7 any tangible or intangible assets1 wherever located1 are used to support or enable use of the product or software of the entity in the ,united ,states2 and 7,c7 any data obtained or derived from use of the product or software of the entity in the ,united ,states4 7#b7 ,non-delegable authority ,the authority to compel divestment of a covered holding under paragraph 7#a7 may only be exercised by the ,president and may not be delegated to any other individual1 except as described in paragraph 7#d74 7#c7 ,announcement ,if the ,president determines that action is required pursuant to paragraph 7#a71 the ,president shall announce the decision not later than #cj days after the date on which the ,secretary refers the covered holding to the ,president pursuant to subsection 7a74 7#d7 ,enforcement of divestment ,the ,president may direct the ,attorney ,general to seek appropriate relief1 including divestment relief1 in the district courts of the ,united ,states in order to implement and enforce this subsection4 #e4 ,considerations 7a7 ,priority information and communications technology areas ,in carrying out sections #c and #d1 the ,secretary shall prioritize evaluation of-- 7#a7 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 #ba 7,february #ab1 #bjac2 relating to critical infrastructure security and resilience72 7#b7 software1 hardware1 or any other product or service integral to telecommunications products and services1 including-- 7,a7 wireless local area networks2 7,b7 mobile networks2 7,c7 satellite payloads2 7,d7 satellite operations and control2 7,e7 cable access points2 7,f7 wireline access points2 7,g7 core networking systems2 7,h7 long-1 short-1 and back-haul networks2 or 7,i7 edge computer platforms2 7#c7 any software1 hardware1 or any other product or service integral to data hosting or computing service that uses1 processes1 or retains1 or is expected to use1 process1 or retain1 sensitive personal data with respect to greater than #a1jjj1jjj 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 transaction1 including-- 7,a7 internet hosting services2 7,b7 cloud-based or distributed computing and data storage2 7,c7 machine learning1 predictive analytics1 and data science products and services1 including those involving the provision of services to assist a party utilize1 manage1 or maintain open-source software2 7,d7 managed services2 and 7,e7 content delivery services2 7#d7 internet- or network-enabled sensors1 webcams1 end-point surveillance or monitoring devices1 modems and home networking devices if greater than #a1jjj1jjj 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 transaction2 7#e7 unmanned vehicles1 including drones and other aerials systems1 autonomous or semi-autonomous vehicles1 or any other product or service integral to the provision1 maintenance1 or management of such products or services2 7#f7 software designed or used primarily for connecting with and communicating via the internet that is in use by greater than #a1jjj1jjj 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 transaction1 including-- 7,a7 desktop applications2 7,b7 mobile applications2 7,c7 gaming applications2 7,d7 payment applications2 or 7,e7 web-based applications2 or 7#g7 information and communications technology products and services integral to-- 7,a7 artificial intelligence and machine learning2 7,b7 quantum key distribution2 7,c7 quantum communications2 7,d7 quantum computing2 7,e7 post-quantum cryptography2 7,f7 autonomous systems2 7,g7 advanced robotics2 7,h7 biotechnology2 7,i7 synthetic biology2 7,j7 computational biology2 and 7,k7 e-commerce technology and services1 including any electronic techniques for accomplishing business transactions1 online retail1 internet-enabled logistics1 internet-enabled payment technology1 and online marketplaces4 7b7 ,considerations relating to undue and unacceptable risks ,in determining whether a covered transaction poses an undue or unacceptable risk under section #c7;a7 or #d7;a71 the ,secretary-- 7#a7 shall1 as the ,secretary determines appropriate and in consultation with appropriate agency heads1 consider1 where available-- 7,a7 any removal or exclusion order issued by the ,secretary of ,homeland ,security1 the ,secretary of ,defense1 or the ,director of ,national ,intelligence pursuant to recommendations of the ,federal ,acquisition ,security ,council pursuant to section #acbc of title #da1 ,united ,states ,code2 7,b7 any order or license revocation issued by the ,federal ,communications ,commission with respect to a transacting party1 or any consent decree imposed by the ,federal ,trade ,commission with respect to a transacting party2 7,c7 any relevant provision of the ,defense ,federal ,acquisition ,regulation and the ,federal ,acquisition ,regulation1 and the respective supplements to those regulations2 7,d7 any actual or potential threats to the execution of a national critical function identified by the ,director of the ,cybersecurity and ,infrastructure ,security ,agency2 7,e7 the nature1 degree1 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 exploited2 and 7,f7 any other source of information that the ,secretary determines appropriate2 and 7#b7 may consider1 where available1 any relevant threat assessment or report prepared by the ,director of ,national ,intelligence completed or conducted at the request of the ,secretary4 #f4 ,designation of foreign adversaries 7a7 ,in general 7#a7 ,designation ,the ,secretary may1 in consultation with the ,director of ,national ,intelligence1 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 persons4 7#b7 ,removal of designation ,the ,secretary may1 in consultation with the ,director of ,national ,intelligence1 remove the designation of any foreign government or regime as a foreign adversary1 including any foreign government or regime identified in section #b7h71 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 adversary4 7b7 ,notice ,not later than #ae days before the date on which the ,secretary makes or removes a designation under subsection 7a71 the ,secretary shall1 by classified communication1 notify the ,president pro tempore1 ,majority ,leader1 and ,minority ,leader of the ,senate1 the ,speaker and ,minority ,leader of the ,house of ,representatives1 and the relevant committees of ,congress1 in writing1 of the intent to designate a foreign government or regime as a foreign adversary under this section1 together with the findings made under subsection 7a7 with respect to the foreign government or regime and the factual basis therefor4 #g4 ,resolution of disapproval of designation or removal of designation of a foreign adversary 7a7 ,definition ,in this section-- 7#a7 the term covered joint resolution means a joint resolution of disapproval of designation or a joint resolution of disapproval of removal of designation2 7#b7 the term joint resolution of disapproval of designation means a joint resolution the matter after the resolving clause of which is as follows3 ,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 #bjbc1 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 #f7;a7 of that ,act4 7,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 ,act72 and 7#c7 the term joint resolution of disapproval of removal of designation means a joint resolution the matter after the resolving clause of which is as follows3 ,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 #bjbc1 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 #f7;a7 of that ,act4 7,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 ,act74 7b7 ,expedited consideration of legislation 7#a7 ,initiation ,in the event the ,secretary designates a foreign government or regime as a foreign adversary or removes such designation as a foreign adversary1 a joint resolution of disapproval of designation or a joint resolution of disapproval of removal of designation1 as applicable1 that is introduced during the #fj-;calendar day period thereafter shall be entitled to expedited consideration pursuant to this subsection4 7#b7 ,introduction ,during the #fj-;calendar day period provided for in paragraph 7#a71 a covered joint resolution may be introduced-- 7,a7 in the ,senate1 by the ,majority ,leader 7or the designee of the ,majority ,leader7 or the ,minority ,leader 7or the designee of the ,minority ,leader72 and 7,b7 in the ,house of ,representatives1 by the ,speaker or the ,minority ,leader4 7#c7 ,floor consideration in house of representatives 7,a7 ,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 #aj legislative days after the date of referral1 that committee shall be discharged from further consideration thereof4 7,b7 ,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 thereof1 it shall be in order to move to proceed to consider the covered joint resolution in the ,house4 ,all points of order against the motion are waived4 ,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 agreement4 ,the previous question shall be considered as ordered on the motion to its adoption without intervening motion4 ,the motion shall not be debatable4 ,a motion to reconsider the vote by which the motion is disposed of shall not be in order4 7,c7 ,consideration ,the covered joint resolution shall be considered as read4 ,all points of order against the covered joint resolution and against its consideration are waived4 ,the previous question shall be considered as ordered on the covered joint resolution to final passage without intervening motion except #b hours of debate equally divided and controlled by the sponsor of the covered joint resolution 7or a designee7 and an opponent4 ,a motion to reconsider the vote on passage of the covered joint resolution shall not be in order4 7#d7 ,consideration in the senate 7,a7 ,committee referral ,a covered joint resolution introduced in the ,senate shall be referred to the relevant committees of the ,senate4 7,b7 ,reporting and discharge ,if a relevant committee of the ,senate has not reported such covered joint resolution within #aj session days after the date of referral of such legislation1 that committee shall be discharged from further consideration of such legislation and the covered joint resolution shall be placed on the appropriate calendar4 7,c7 ,proceeding to consideration ,notwithstanding ,rule ,,xxii of the ,standing ,rules of the ,senate1 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 7even though a previous motion to the same effect has been disagreed to7 to move to proceed to the consideration of the covered joint resolution1 and all points of order against covered joint resolution 7and against consideration of the covered joint resolution7 are waived4 ,the motion to proceed is not debatable4 ,the motion is not subject to a motion to postpone4 ,a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order4 ,if a motion to proceed to the consideration of the covered joint resolution is agreed to1 the covered joint resolution shall remain the unfinished business until disposed of4 7,d7 ,debate ,debate on covered joint resolution1 and on all debatable motions and appeals in connection therewith1 shall be limited to not more than #aj hours1 which shall be divided equally between the majority and minority leaders or their designees4 ,a motion to further limit debate is in order and not debatable4 ,an amendment to1 or a motion to postpone1 or a motion to proceed to the consideration of other business1 or a motion to recommit the covered joint resolution is not in order4 7,e7 ,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 debate1 if requested in accordance with the rules of the ,senate4 7,f7 ,rulings of the chair on procedure ,appeals from the decisions of the ,chair relating to the application of the rules of the ,senate1 as the case may be1 to the procedure relating to a covered joint resolution shall be decided without debate4 7,g7 ,consideration of veto messages ,debate in the ,senate of any veto message with respect to a covered joint resolution1 including all debatable motions and appeals in connection with such covered joint resolution1 shall be limited to #aj hours1 to be equally divided between1 and controlled by1 the ,majority ,leader and the ,minority ,leader or their designees4 7#e7 ,rules relating to senate and house of representatives 7,a7 ,coordination with action by other house ,if1 before the passage by one ,house of a covered joint resolution of that ,house1 that ,house receives a covered joint resolution from the other ,house1 then the following procedures shall apply3 7i7 ,the covered joint resolution of the other ,house shall not be referred to a committee4 7ii7 ,with respect to covered joint resolution of the ,house receiving the legislation-- 7,i7 the procedure in that ,house shall be the same as if no covered joint resolution had been received from the other ,house2 but 7,,ii7 the vote on passage shall be on the covered joint resolution of the other ,house4 7,b7 ,treatment of a covered joint resolution of other house ,if one ,house fails to introduce a covered joint resolution under this section1 the covered joint resolution of the other ,house shall be entitled to expedited floor procedures under this section4 7,c7 ,treatment of companion measures ,if1 following passage of the covered joint resolution in the ,senate1 the ,senate then receives a companion measure from the ,house of ,representatives1 the companion measure shall not be debatable4 7c7 ,rules of senate and house of representatives ,subsection 7b7 is enacted by ,congress-- 7#a7 as an exercise of the rulemaking power of the ,senate and the ,house of ,representatives1 respectively1 and as such are deemed a part of the rules of each ,house1 respectively1 but applicable only with respect to the procedure to be followed in that ,house in the case of legislation described in those sections1 and supersede other rules only to the extent that they are inconsistent with such rules2 and 7#b7 with full recognition of the constitutional right of either ,house to change the rules 7so far as relating to the procedure of that ,house7 at any time1 in the same manner1 and to the same extent as in the case of any other rule of that ,house4 7d7 ,effect of covered joint resolution 7#a7 ,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 ,act4 7#b7 ,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 ,act4 #h4 ,implementing authorities 7a7 ,regulations ,in carrying out the responsibilities under this ,act1 the ,secretary may establish such rules1 regulations1 and procedures as the ,secretary considers appropriate4 7b7 ,classes of transactions ,in conducting reviews1 promulgating regulations1 implementing prohibitions or other mitigation measures1 or otherwise carrying out the responsibilities under this ,act1 the ,secretary may take action with respect to both individual covered transactions and classes of covered transactions4 7c7 ,other authorities 7#a7 ,in general ,the ,secretary may issue guidance1 including advisory opinions1 and establish procedures to carry out this ,act4 7#b7 ,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 periodically4 7#c7 ,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 law4 7d7 ,advisory committees ,the ,secretary may appoint technical advisory committees to advise the ,secretary in carrying out the responsibilities under this ,act4 ,chapter #aj of part #a of title #e1 ,united ,states ,code1 shall not apply to any meeting of such an advisory committee held pursuant to this subsection4 #i4 ,information to be furnished 7a7 ,in general ,the ,secretary may require any party to a transaction or holding under review or investigation pursuant to this ,act to furnish under oath1 in the form of reports or otherwise1 at any time as may be required by the ,secretary1 complete information relative to any act1 transaction1 or holding1 subject to the provisions of this ,act4 7b7 ,authority ,in carrying out this ,act1 the ,secretary may-- 7#a7 require that information or reports required to be submitted under subsection 7a7 include the production of any documents relating to any act1 transaction1 or property relating to a transaction or holding under review or investigation2 7#b7 require information or reports required to be submitted under subsection 7a7 before1 during1 or after consummation of a transaction or holding under review or investigation2 and 7#c7 conduct investigations1 hold hearings1 administer oaths1 examine witnesses1 receive evidence1 take depositions1 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 investigation1 regardless of whether any report has been required or filed in connection therewith1 including through another person or agency4 7c7 ,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 ,commerce1 which may be detailed in the request for documents or otherwise agreed to by the parties4 7d7 ,confidentiality and disclosure of information 7#a7 ,in general ,subject to paragraph 7#b71 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 law4 7#b7 ,disclosure ,not withstanding paragraph 7#a71 the ,secretary may disclose information or documents that are not otherwise publicly or commercially available in the following circumstances3 7,a7 ,pursuant to an administrative or judicial proceeding1 including any judicial review under section #ab4 7,b7 ,pursuant to an ,act of ,congress4 7,c7 ,pursuant to a request from a relevant committee of ,congress4 7,d7 ,pursuant to a request from any ,federal1 ,state1 or local governmental entity1 or to any foreign government entity of a ,united ,states ally or partner1 if such request is important to the national security analysis or actions of the ,secretary1 but only to the extent necessary for national security purposes1 and subject to appropriate confidentiality and classification requirements4 7,e7 ,if any party to whom the information or documents pertain consents to such disclosure4 7,f7 ,if the ,secretary determines1 in the sole and unreviewable discretion of the ,secretary1 that the release of such information is in the national interest of the ,united ,states4 7,g7 ,any other purpose authorized by ,federal law4 #aj4 ,enforcement 7a7 ,investigations 7#a7 ,in general ,the ,president shall rely on1 including by delegation1 the ,secretary1 and the heads of other ,federal agencies1 as appropriate1 to conduct investigations of violations of any authorization1 order1 mitigation measure1 regulation1 or prohibition issued under this ,act4 7#b7 ,actions by designees ,in conducting investigations described in paragraph 7#a71 designated officers or employees of ,federal agencies described that paragraph may1 to the extent necessary or appropriate to enforce this ,act1 exercise such authority as is conferred upon them by any other ,federal law1 subject to policies and procedures approved by the ,attorney ,general4 7b7 ,permitted activities ,officers and employees of agencies authorized to conduct investigations under subsection 7a7 may-- 7#a7 inspect1 search1 detain1 seize1 or impose temporary denial orders with respect to items1 in any form1 or conveyances on which it is believed that there are items that have been1 are being1 or are about to be imported into the ,united ,states in violation of this ,act or any other applicable ,federal law2 7#b7 require1 inspect1 and obtain books1 records1 and any other information from any person subject to the provisions of this ,act or other applicable ,federal law2 7#c7 administer oaths or affirmations and1 by subpoena1 require any person to appear and testify or to appear and produce books1 records1 and other writings1 or both2 and 7#d7 obtain court orders and issue legal process to the extent authorized under chapters #aai1 #aba1 and #bjf of title #ah1 ,united ,states ,code1 or any other applicable ,federal law4 7c7 ,enforcement of subpoenas ,in the case of contumacy by1 or refusal to obey a subpoena issued to1 any person under subsection 7b77#c71 a district court of the ,united ,states1 after notice to such person and a hearing1 shall have jurisdiction to issue an order requiring such person to appear and give testimony or to appear and produce books1 records1 and other writings1 regardless of format1 that are the subject of the subpoena4 ,any failure to obey such order of the court may be punished by such court as a contempt thereof4 7d7 ,actions by the ,attorney ,general ,the ,attorney ,general may bring an action in an appropriate district court of the ,united ,states for appropriate relief1 including declaratory and injunctive1 or divestment relief1 against any person who violates this ,act or any regulation1 order1 direction1 mitigation measure1 prohibition1 or other authorization or directive issued under this ,act4 ,in any such action1 the limitations as described under section #ab7;b7 shall apply4 #aa4 ,penalties 7a7 ,unlawful acts 7#a7 ,in general ,it shall be unlawful for a person to violate1 attempt to violate1 conspire to violate1 or cause a violation of any regulation1 order1 direction1 mitigation measure1 prohibition1 or other authorization or directive issued under this ,act1 including any of the unlawful acts described in paragraph 7#b74 7#b7 ,specific unlawful acts ,the unlawful acts described in this paragraph are the following3 7,a7 ,no person may engage in any conduct prohibited by or contrary to1 or refrain from engaging in any conduct required by any regulation1 order1 direction1 mitigation measure1 prohibition1 or other authorization or directive issued under this ,act4 7,b7 ,no person may cause or aid1 abet1 counsel1 command1 induce1 procure1 permit1 or approve the doing of any act prohibited by1 or the omission of any act required by any regulation1 order1 direction1 mitigation measure1 prohibition1 or other authorization or directive issued under1 this ,act4 7,c7 ,no person may solicit or attempt a violation of any regulation1 order1 direction1 mitigation measure1 prohibition1 or authorization or directive issued under this ,act4 7,d7 ,no person may conspire or act in concert with #a 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 regulation1 order1 direction1 mitigation measure1 prohibition1 or other authorization or directive issued under this ,act4 7,e7 ,no person may1 whether directly or indirectly through any other person1 make any false or misleading representation1 statement1 or certification1 or falsify or conceal any material fact1 to the ,department of ,commerce or any official of any other executive department or agency-- 7i7 in the course of an investigation or other action subject to this ,act1 or any regulation1 order1 direction1 mitigation measure1 prohibition1 or other authorization or directive issued thereunder2 or 7ii7 in connection with the preparation1 submission1 issuance1 use1 or maintenance of any report filed or required to be filed pursuant to this ,act1 or any regulation1 order1 direction1 mitigation measure1 prohibition1 or other authorization or directive issued thereunder4 7,f7 ,no person may engage in any transaction or take any other action with intent to evade the provisions of this ,act1 or any regulation1 order1 direction1 mitigation measure1 prohibition1 or other authorization or directive issued thereunder4 7,g7 ,no person may fail or refuse to comply with any reporting or recordkeeping requirement of this ,act1 or any regulation1 order1 direction1 mitigation measure1 prohibition1 or other authorization or directive issued thereunder4 7,h7 ,except as specifically authorized in this subchapter1 any regulation1 order1 direction1 mitigation measure1 or other authorization or directive issued thereunder or in writing by the ,department of ,commerce1 no person may alter any order1 direction1 mitigation measure1 or other authorization or directive issued under this ,act or any related regulation4 7#c7 ,additional requirements 7,a7 ,continuation of effect ,for purposes of paragraph 7#b77;,e71 any representation1 statement1 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 7,b74 7,b7 ,notification ,any person who makes a representation1 statement1 or certification to the ,department of ,commerce or any official of any other executive department or agency relating to any order1 direction1 mitigation measure1 prohibition1 or other authorization or directive issued under this ,act shall notify the ,department of ,commerce or the relevant executive department or agency1 in writing1 of any change of any material fact or intention from that previously represented1 stated1 or certified1 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 future4 7b7 ,civil penalties ,the ,secretary may impose the following civil penalties on a person for each violation by that person of this ,act or any regulation1 order1 direction1 mitigation measure1 prohibition1 or other authorization issued under this ,act3 7#a7 ,a fine of not more than #bej1jjj 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 imposed1 whichever is greater4 7#b7 ,revocation of any mitigation measure or authorization issued under this ,act to the person4 7c7 ,criminal penalties 7#a7 ,in general ,a person who willfully commits1 willfully attempts to commit1 or willfully conspires to commit1 or aids or abets in the commission of an unlawful act described in subsection 7a7 shall1 upon conviction1 be fined not more than #a1jjj1jjj1 or if a natural person1 may be imprisoned for not more than #bj years1 or both4 7#b7 ,civil forfeiture 7,a7 ,forfeiture 7i7 ,in general ,any property1 real or personal1 tangible or intangible1 used or intended to be used1 in any manner1 to commit or facilitate a violation or attempted violation described in paragraph 7#a7 shall be subject to forfeiture to the ,united ,states4 7ii7 ,proceeds ,any property1 real or personal1 tangible or intangible1 constituting or traceable to the gross proceeds taken1 obtained1 or retained1 in connection with or as a result of a violation or attempted violation described in paragraph 7#a7 shall be subject to forfeiture to the ,united ,states4 7,b7 ,procedure ,seizures and forfeitures under this subsection shall be governed by the provisions of chapter #df of title #ah1 ,united ,states ,code1 relating to civil forfeitures1 except that such duties as are imposed on the ,secretary of ,treasury under the customs laws described in section #iha7;d7 of title #ah1 ,united ,states ,code1 shall be performed by such officers1 agents1 and other persons as may be designated for that purpose by the ,secretary of ,homeland ,security or the ,attorney ,general4 7#c7 ,criminal forfeiture 7,a7 ,forfeiture ,any person who is convicted under paragraph 7#a7 shall1 in addition to any other penalty1 forfeit to the ,united ,states-- 7i7 any property1 real or personal1 tangible or intangible1 used or intended to be used1 in any manner1 to commit or facilitate the violation or attempted violation of paragraph 7#a72 and 7ii7 any property1 real or personal1 tangible or intangible1 constituting or traceable to the gross proceeds taken1 obtained1 or retained1 in connection with or as a result of the violation4 7,b7 ,procedure ,the criminal forfeiture of property under this paragraph1 including any seizure and disposition of the property1 and any related judicial proceeding1 shall be governed by the provisions of section #dac of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hec71 except subsections 7a7 and 7d7 of that section4 #ab4 ,judicial review 7a7 ,definition ,in this section1 the term classified information-- 7#a7 has the meaning given the term in section #a7;a7 of the ,classified ,information ,procedures ,act 7#ah ,u4,s4,c4 ,app472 and 7#b7 includes-- 7,a7 any information or material that has been determined by the ,federal ,government pursuant to an ,executive order1 statute1 or regulation to require protection against unauthorized disclosure for reasons of national security2 and 7,b7 any restricted data1 as defined in section #aa of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bjad74 7b7 ,administrative and judicial review ,notwithstanding any other provision of law1 actions taken by the ,president and the ,secretary1 and the findings of the ,president and the ,secretary1 under this ,act shall not be subject to administrative review or judicial review in any ,federal court1 except as otherwise provided in this section4 ,actions taken by the ,secretary under this ,act shall not be subject to sections #eea1 #eec through #eei1 and #gja through #gjg of title #e1 ,united ,states ,code4 7c7 ,petitions 7#a7 ,in general ,not later than #fj days after the ,secretary takes action under section #c7;a71 or the ,president takes action under section #d7;c71 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 ,circuit4 7#b7 ,standard of review ,the court shall not disturb any action taken by the ,secretary under section #c7;a71 or by the ,president under section #d7;c71 unless the petitioner demonstrates that the action is unconstitutional or in patent violation of a clear and mandatory statutory command4 7d7 ,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 ,states1 any executive department or agency1 or any component or official of an executive department or agency1 subject to review by the ,supreme ,court of the ,united ,states under section #abed of title #bh1 ,united ,states ,code4 7e7 ,administrative record and procedure 7#a7 ,in general ,the procedures described in this subsection shall apply to the review of a petition for review under this section4 7#b7 ,filing of record ,the ,united ,states shall file with the court an administrative record1 which shall consist of the information that the appropriate official relied upon in taking a final action under this ,act4 7#c7 ,unclassified1 nonprivileged information ,all unclassified information contained in the administrative record filed pursuant to paragraph 7#b7 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 information4 7#d7 ,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 camera3 7,a7 ,sensitive security information1 as defined by section #aebj4e of title #di1 ,code of ,federal ,regulations4 7,b7 ,privileged law enforcement information4 7,c7 ,information obtained or derived from any activity authorized under the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq471 except that1 with respect to such information1 subsections 7c71 7e71 7f71 7g71 and 7h7 of section #ajf 7#ej ,u4,s4,c4 #ahjf71 subsections 7d71 7f71 7g71 7h71 and 7i7 of section #cje 7#ej ,u4,s4,c4 #ahbe71 subsections 7c71 7e71 7f71 7g71 and 7h7 of section #dje 7#ej ,u4,s4,c4 #ahde71 and section #gjf 7#ej ,u4,s4,c4 #ahha;e7 of that ,act shall not apply4 7,d7 ,information subject to privilege or protections under any other provision of law1 including the ,currency and ,foreign ,transactions ,reporting ,act of #aigj 7#ca ,u4,s4,c4 #ecaa et seq474 7#e7 ,information under seal ,any information that is part of the administrative record filed ex parte and in camera under paragraph 7#d71 or cited by the court in any decision1 shall be treated by the court consistent with the provisions of this section4 ,in no event shall such information be released to the petitioner or as part of the public record4 7#f7 ,return ,after the expiration of the time to seek further review1 or the conclusion of further proceedings1 the court shall return the administrative record1 including any and all copies1 to the ,united ,states4 7f7 ,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 ,states1 any executive department or agency1 or any component or official of any such executive department or agency4 7g7 ,rule of construction ,nothing in this section shall be construed as limiting1 superseding1 or preventing the invocation of1 any privileges or defenses that are otherwise available at law or in equity to protect against the disclosure of information4 #ac4 ,relationship to other laws 7a7 ,in general ,except as expressly provided herein1 nothing in this ,act shall be construed to alter or affect any other authority1 process1 regulation1 investigation1 enforcement measure1 or review provided by or established under any other provision of ,federal law1 including the ,federal ,acquisition ,regulation or the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq471 or any other authority of the ,president or ,congress under the ,constitution of the ,united ,states4 7b7 ,relationship to section #gba of the ,defense ,production ,act of #aiej 7#a7 ,in general ,notwithstanding section #gba7;d77#d77;,b7 of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #defe7;d77#d77;,b771 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 #gba of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #defe et seq471 as would be available in the absence of this ,act4 7#b7 ,authority of the ,president ,the ,president may not exercise any authority under section #d with respect to a covered holding that directly resulted from a transaction if-- 7,a7 the ,committee on ,foreign ,investment in the ,united ,states reviewed the transaction 7or a broader transaction that included the transaction7 as a covered transaction 7as defined in section #gba7;a77#d7 of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #defe7;a77#d77 and its implementing regulations2 and 7,b7 under section #gba of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #defe7-- 7i7 the ,committee on ,foreign ,investment in the ,united ,states cleared the transaction and notified the parties to the transaction 7or a broader transaction that included the transaction7 that the ,committee on ,foreign ,investment in the ,united ,states completed all action with respect to the transaction 7or a broader transaction that included the transaction72 or 7ii7 the ,president announced a decision declining to take action with respect to the transaction 7or a broader transaction that included the transaction74 7#c7 ,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 ,act4 7c7 ,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-- 7#a7 authorized under a ,united ,states government-industrial security program2 or 7#b7 to meet an articulable national security or law enforcement requirement4 #ad4 ,transition ,all delegations1 rules1 regulations1 orders1 determinations1 licenses1 or other forms of administrative action taken by the ,secretary made1 issued1 conducted1 or allowed to become effective under ,executive ,order #achgc of ,may #ai1 #bjai and the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq471 including regulations issued under part #g of subtitle ,a of title #ae1 ,code of ,federal ,regulations1 and are in effect as of the date of enactment of this ,act1 shall continue in effect according to their terms and as if made1 issued1 conducted1 or allowed to become effective pursuant to the authority of this ,act1 until modified1 superseded1 set aside1 or revoked under the authority of this ,act1 without regard to any restriction or limitation under the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq474 #ae4 ,miscellaneous 7a7 ,paperwork ,reduction ,act ,the requirements of chapter #ce of title #dd1 ,united ,states ,code 7commonly referred to as the ,paperwork ,reduction ,act71 shall not apply to any action by the ,secretary to implement this ,act4 7b7 ,appointment of candidates ,to expedite the ability of the ,secretary to implement this ,act1 the ,secretary may appoint1 without regard to the provisions of sections #ccji through #ccah of title #e1 ,united ,states ,code1 candidates directly to positions in the competitive service 7as defined in section #bab of that title74 7c7 ,administrative procedures ,except with respect to a civil penalty imposed pursuant to section #i7;b7 of this ,act1 the functions exercised under this ,act shall not be subject to sections #eea1 #eec through #eei1 and #gja through #gjf of title #e1 ,united ,states ,code4 7d7 ,protected information in civil actions ,if a civil action challenging an action or finding under this ,act is brought1 and the court determines that protected information in the administrative record1 including classified or other information subject to privilege or protections under any provision of law1 is necessary to resolve the action1 that information shall be submitted ex parte and in camera to the court and the court shall maintain that information under seal4 ,this subsection does not confer or imply any right to judicial review4 7e7 ,applicability of use of information provisions ,the use of information provisions of sections #ajf1 #cje1 #dje1 and #gjf of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjf1 #ahbe1 #ahde1 and #ahha;e7 shall not apply in a civil action brought under this ,act4 7f7 ,no right of access 7#a7 ,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 prohibit1 mitigate1 or take action against a covered transaction or interest1 including any classified national security information or sensitive but unclassified information4 7#b7 ,inapplicability of ,,foia ,any information submitted to the ,federal ,government by a party to a covered transaction in accordance with this ,act1 as well as any information the ,federal ,government may create relating to review of the covered transaction1 is exempt from disclosure under section #eeb of title #e1 ,united ,states ,code 7commonly referred to as the ,freedom of ,information ,act74 #af4 ,severability ,if any provision of this ,act1 or the application of such provision to any person or circumstance is held to be invalid1 the remainder of this ,act1 and the application of the remaining provisions of this ,act to any person or circumstance1 shall not be affected4 #ag4 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this ,act4