[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5381 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 5381

To require an analysis of threats posed by foreign adversary access to 
               controlled items within the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 7, 2026

Mr. Husted (for himself and Mr. Warner) introduced the following bill; 
which was read twice and referred to the Committee on Banking, Housing, 
                           and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
To require an analysis of threats posed by foreign adversary access to 
               controlled items within the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Addressing Dangerous Vulnerabilities 
in Exports and Research to Strategic Adversaries, Regimes, and 
Industrial Entities of Security Concern Act'' or ``ADVERSARIES Act''.

SEC. 2. ANALYSIS OF THREATS POSED BY FOREIGN ADVERSARY ACCESS TO 
              CONTROLLED ITEMS WITHIN THE UNITED STATES.

    (a) In General.--The Under Secretary of the Bureau of Industry and 
Security of the Department of Commerce, acting through the Executive 
Director of the Office of Information and Communications Technology and 
Services (OICTS) shall, not later than 90 days after the date of the 
enactment of this Act, complete a review of the impact on United States 
export control effectiveness by operations of United States-domiciled 
affiliates of entities described in subsection (b)(1)(B) and, 
additionally, the national security threats posed by foreign adversary 
exploitation of vulnerabilities in information and communications 
technology and services (ICTS).
    (b) Contents.--The review required by subsection (a) shall address 
the following:
            (1)(A) Whether United States-domiciled affiliates, defined 
        as any entity that is directly or indirectly, individually or 
        in aggregate, 50 percent or more owned by one or more entities 
        described in subparagraph (B), can acquire items that their 
        ultimate parent companies are restricted from accessing due to 
        United States export controls.
            (B) The entities described in this subparagraph are--
                    (i) entities identified on the Entity List; or
                    (ii) entities identified on the Military End User 
                List.
            (2) If the review concludes affirmatively the question 
        posed in paragraph (1), the extent to which entities described 
        in subparagraph (A) are acquiring items that their ultimate 
        parent companies are restricted from accessing due to United 
        States export controls and the impact on the effectiveness of 
        United States export controls.
            (3) The risks to United States national security or export 
        control effectiveness, if any, posed by the operation of 
        foreign-adversary controlled ICTS.
            (4) Whether any specific sectors of foreign-adversary 
        controlled ICTS pose undue risk, such as by undermining export 
        control effectiveness.
            (5) What steps, if any, the Under Secretary of the Bureau 
        of Industry and the Executive Director of the OICTS intend to 
        take within the next year to address the threats found in 
        paragraphs (1) through (4).
            (6) Any recommended change to United States law that would 
        help address any threats found from this review.
    (c) Report.--The Under Secretary of the Bureau of Industry and 
Security of the Department of Commerce, acting through the Executive 
Director of the Office of Information and Communications Technology and 
Services (OICTS) shall, not later than 30 days after completing the 
review required by subsection (a), provide the results of the review to 
the Committee on Foreign Affairs of the House of Representatives and 
the Committee on Banking, Housing, and Urban Affairs of the Senate.
    (d) Definitions.--In this section--
            (1) the term ``Entity List'' means the list required 
        pursuant to Supplement No. 4 to part 744 of title 15, Code of 
        Federal Regulations, or successor regulations by the Bureau of 
        Industry and Security of the Department of Commerce; and
            (2) the term ``Military End User List'' means the list 
        required pursuant to Supplement No. 7 to part 744 of title 15, 
        Code of Federal Regulations, or successor regulations by the 
        Bureau of Industry and Security of the Department of Commerce.
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