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S 5381

ADVERSARIES Act

119th Congress Introduced by Jon Husted and 1 co-sponsor

The bill requires a BIS analysis within 90 days of enactment to see if U.S.-domiciled affiliates can access items restricted to parents and assess risks from foreign-adversary ICTS

Introduced in Senate
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WeVote Research Nonpartisan
Bill Summary · S 5381

Overview

  • Bill: S. 5381, the ADVERSARIES Act
  • Session: 119th Congress, 2nd Session
  • Introduced: August 7, 2026 by Senator Husted (for himself and Senator Warner)
  • Purpose: To require an analysis of threats posed by foreign adversary access to controlled items within the United States, focusing on how U.S.-domiciled affiliates and ICTS (information and communications technology and services) may affect export control effectiveness and national security.

Main purpose and intent

  • The Act aims to assess vulnerabilities created by foreign adversaries’ access to controlled items and ICTS within the United States.
  • It seeks to determine whether U.S.-domiciled affiliates can obtain items restricted to their parent companies by U.S. export controls.
  • It also intends to evaluate national security risks and the potential impact on export control effectiveness arising from foreign-adversary controlled ICTS.

Key provisions and changes

  • Section 2(a) – Analysis requirement:
    • The Under Secretary of the Bureau of Industry and Security (BIS), via the Office of Information and Communications Technology and Services (OICTS) Executive Director, must complete a review within 90 days after enactment.
    • Scope:
    • Assess whether U.S.-domiciled affiliates (defined as entities 50% or more owned, directly or indirectly, by entities described in subsection (b)(1)(B)) can acquire items their ultimate parent companies are restricted from accessing under U.S. export controls.
    • Evaluate national security threats from foreign-adversary exploitation of vulnerabilities in ICTS.
    • Substantive topics to cover:
    • (1) Whether U.S.-domiciled affiliates can access restricted items due to ownership structures.
    • (2) If affirmative, the extent and impact on export control effectiveness.
    • (3) Risks to U.S. national security or export control effectiveness from foreign-adversary controlled ICTS.
    • (4) Whether certain sectors of foreign-adversary ICTS pose undue risk.
    • (5) Planned steps within the next year to address identified threats.
    • (6) Recommendations for potential changes to U.S. law.
  • Section 2(c) – Reporting:
    • BIS (via OICTS) must provide the review results to the House Committee on Foreign Affairs and the Senate Committee on Banking, Housing, and Urban Affairs within 30 days after completing the review.
  • Section 2(d) – Definitions:
    • Entity List: BIS regulatory list of restricted entities (Supplement No. 4 to part 744, CFR).
    • Military End User List: BIS regulatory list (Supplement No. 7 to part 744, CFR).

Who or what would be affected

  • U.S. export control policy and enforcement mechanisms via BIS and OICTS.
  • Entities on or connected to the Entity List and Military End User List, specifically regarding ownership and access to controlled items by U.S.-domiciled affiliates.
  • U.S. companies with foreign ownership structures where affiliates could potentially access items restricted to their parent companies.
  • Foreign-adversary ICTS providers and the national security considerations associated with their technology and services.

Procedural and timeline aspects

  • Timeline:
    • Enactment triggers a 90-day deadline for BIS/OICTS to complete the analysis.
    • Following completion, a 30-day window to report findings to specified congressional committees.
  • Process:
    • The analysis requires a structured review of ownership relationships, export control restrictions, and ICTS vulnerabilities.
    • The bill instructs consideration of potential policy or legal changes to strengthen export controls and mitigate identified threats.

Potential impact (high-level)

  • May prompt tighter scrutiny of foreign ownership and control in U.S.-domiciled affiliates of restricted entities.
  • Could influence future policy or regulatory changes related to export controls and ICTS security.
  • Provides a formal mechanism for assessing and reporting national security risks posed by foreign-adversary access to controlled items and ICTS.

Note: This summary reflects the bill text as introduced. If amended, additional sections or specifics could alter scope or impact.

Compiled from official sources — confirm details with the bill’s official record.

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