(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
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 toany action bythe 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
Restrict Act Cont.
Document Continued
SEC. 11. PENALTIES.
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. © 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.
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. © 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©, 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©, 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. © 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 ©, (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 ©, (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.
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. © 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.
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.
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 theFreedom of Information Act’').SEC. 16. SEVERABILITY.
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.
necessary to carry out this Act.