RESTRICT Act

1/9/2024, 5:15 AM

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.

Congress
118

Number
S - 686

Introduced on
2023-03-07

# Amendments
0

Sponsors
+5

Cosponsors
+5

Variations and Revisions

3/7/2023

Status of Legislation

Bill Introduced
Introduced to House
House to Vote
Introduced to Senate
Senate to Vote

Purpose and Summary

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.

Alternative Names
Official Title as IntroducedA 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.

Policy Areas
Foreign Trade and International Finance

Potential Impact
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

Comments

Recent Activity

Latest Summary4/1/2023

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 ...


Latest Action3/7/2023
Read twice and referred to the Committee on Commerce, Science, and Transportation.