S 686 118th Congress Senate

RESTRICT Act

Official title: 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.

Introduced: March 15, 2023 Introduced by: Warner, Mark R. Democratic · Virginia See on congress.gov

Foreign Trade and International Finance Administrative law and regulatory proceduresAsiaChinaCivil actions and liability

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Computer security and identity theftComputers and information technologyCongressional oversightCongressional-executive branch relationsCrime preventionCubaDepartment of CommerceEuropeFederal appellate courtsGovernment information and archivesIntelligence activities, surveillance, classified informationInternet, web applications, social mediaIranJudicial procedure and administrationJudicial review and appeals

Everywhere this bill has been 2 steps

Introduced

In committee

Reported out

Passed House

Passed Senate

To President

Became law

Mar 7, 2023

Read twice and referred to the Committee on Commerce, Science, and Transportation.

Mar 7, 2023

Introduced in Senate

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Latest action March 7, 2023

Read twice and referred to the Committee on Commerce, Science, and Transportation.

Plain-English summary Congressional Research Service

Restricting the Emergence of Security Threats that Risk Information and Communications Technology Act or the RESTRICT Act

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.

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.

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.

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.

The bill outlines (1) enforcement mechanisms, including actions by the Department of Justice; and (2) civil and criminal penalties for violations.

Bill text 1 version