S686-118

Introduced

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.

118th Congress Introduced Mar 7, 2023

Analysis under review: This bill has generated analysis that may be too generic or incomplete. Clause-level evidence remains available below.

Summary

What This Bill Does

This bill gives the Secretary of Commerce sweeping authority to investigate, block, or require divestment of technology products and services from foreign adversaries (like China, Russia, Iran) that are deemed national security threats. It targets everything from TikTok-like apps to telecom equipment, cloud services, drones, and AI systems.

Who Benefits and How

Domestic technology companies benefit by having foreign competitors restricted or banned from the US market, reducing competition. Cybersecurity firms gain opportunities as companies need help with compliance reviews and risk assessments. Defense contractors and national security consultants see increased demand for threat analysis services.

Who Bears the Burden and How

Foreign technology companies (especially Chinese) face potential bans or forced divestiture of US operations. US businesses using foreign ICT products must undergo reviews and may need to switch vendors at significant cost. Consumers may lose access to popular apps and services. Parties under investigation have limited judicial review options as courts must defer to executive determinations.

Key Provisions

  • Secretary can prohibit any ICT transaction deemed a national security risk without standard administrative procedure requirements
  • Covers broad categories: telecommunications, cloud computing, AI, drones, IoT devices, social media
  • Civil penalties up to $250,000 per violation; criminal penalties up to $1 million and 20 years imprisonment
  • Very limited judicial review - courts cannot second-guess executive determinations except for constitutional violations

Evidence Chain:

This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers with clause-level evidence links.

At a Glance

What This Bill Does

Grants the Secretary of Commerce broad authority to review, prohibit, and mitigate transactions involving information and communications technology (ICT) products and services from foreign adversaries that pose national security risks

Key Policy Areas

National Security, Technology, Foreign Investment, Telecommunications

Primary Purpose

Grants the Secretary of Commerce broad authority to review, prohibit, and mitigate transactions involving information and communications technology (ICT) products and services from foreign adversaries that pose national security risks

Policy Domains

National Security Technology Foreign Investment Telecommunications

Main Act - RESTRICT Act

Identified Gains
  • Domestic technology companies
  • Cybersecurity firms
  • National security consultants
  • Defense contractors
Model: N/A | Version: bill_summary_v2 | Source: is
Cybersecurity firms:
Defense contractors:
Domestic technology companies:
National security consultants:
Identified Costs
  • Foreign technology companies
  • US businesses using foreign ICT
  • Technology consumers
  • Parties under investigation
Model: N/A | Version: bill_summary_v2 | Source: is
Technology consumers:
Parties under investigation: ,
Foreign technology companies: ,
US businesses using foreign ICT: ,

Legislative Progress

Introduced
Introduced Committee Passed
Mar 7, 2023

Mr. Warner (for himself, Mr. Thune, Ms. Baldwin, Mrs. Fischer, …

Stakeholder Effects

cui bono?

How this legislation distributes effects. Mention counts reflect frequency, not effect magnitude.

Technology
12 mentions across 9 clauses
+1 positive -11 negative

Companies dealing with foreign adversary entities, Companies under ICT transaction review, Entities potentially placed on restricted lists

Positive-direction: US domestic technology companies

Negative-direction: Companies dealing with foreign adversary entities, Companies under ICT transaction review, Entities potentially placed on restricted lists, Entities violating RESTRICT Act orders, Foreign ICT companies from adversary nations, Foreign technology companies from adversary nations, Parties challenging RESTRICT Act enforcement actions, Parties subject to enforcement seeking transparency, Persons violating RESTRICT Act prohibitions, US companies with foreign adversary investors, US tech companies with foreign adversary ownership

Government
6 mentions across 6 clauses
+4 positive ?2 uncertain

Committee on Foreign Investment in the United States, Department of Commerce, Department of Commerce and Executive Branch

Professional Services
3 mentions across 3 clauses
+3 positive

Compliance and legal advisory firms, Legal services firms handling RESTRICT Act compliance, National security consultants

Financial Services
2 mentions across 2 clauses
+1 positive -1 negative

Foreign adversary investors in US ICT companies, Foreign investors already cleared by CFIUS

Positive-direction: Foreign investors already cleared by CFIUS

Negative-direction: Foreign adversary investors in US ICT companies

Telecommunications
2 mentions across 1 clause
+1 positive -1 negative

Domestic telecommunications equipment companies, Foreign telecommunications equipment manufacturers

Positive-direction: Domestic telecommunications equipment companies

Negative-direction: Foreign telecommunications equipment manufacturers

Cloud Computing
2 mentions across 1 clause
+1 positive -1 negative

Domestic cloud service providers, Foreign cloud service providers

Positive-direction: Domestic cloud service providers

Negative-direction: Foreign cloud service providers

Utilities
1 mention across 1 clause
-1 negative

Critical infrastructure operators

Defense
1 mention across 1 clause
-1 negative

Foreign drone manufacturers

13/17
sections analyzed
Full impact breakdown

Bill Structure & Actor Mappings

Who is "The Secretary" in each section?

Domains
National Security Technology Foreign Investment Telecommunications
Actor Mappings
"cfius"
→ Committee on Foreign Investment in the United States
"the_president"
→ President of the United States
"the_secretary"
→ Secretary of Commerce

Key Definitions

Terms defined in this bill

6 terms
"classified national security information" §2(a)

Information determined pursuant to Executive Order 13526 to require protection against unauthorized disclosure

"controlling holding" §2(b)

A holding with the power to determine, direct, or decide important matters affecting an entity

"covered holding" §2(c)

A controlling holding held directly or indirectly in an ICTS covered holding entity by a foreign adversary or entity subject to foreign adversary jurisdiction

"covered transaction" §2(d)

A transaction in which a foreign adversary or entity owned/directed/controlled by foreign adversary has any interest

"foreign adversary" §2(e)

Foreign governments or regimes designated by Secretary as engaging in conduct contrary to US national security interests (China, Russia, Iran, etc.)

"ICTS covered holding entity" §2(f)

Entity that owns, controls, or manages ICT products or services used by more than 1 million US persons or critical infrastructure

We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.

Learn more about our methodology