S.Amdt. 6059

This amendment aims to add a new title to the bill focused on Information and Communications Technology and Services (ICTS) Supply Chains. It changes the Export Control Reform Act of 2018 to create new leadership roles, a dedicated office, and strict rules to protect U.S. national security from risks associated with technology supply chains.

Key Additions and Changes:

• New Leadership and Office: It establishes an Assistant Secretary of Commerce for Information and Communications Technology Supply Chains and an Office of Information and Communications Technology and Services within the Bureau of Industry and Security.

• Transaction Prohibitions: It prohibits the acquisition, importation, transfer, installation, or use of ICTS if the Secretary determines the transaction:

  • Involves technology from a country of concern (defined as the People's Republic of China, Cuba, Iran, North Korea, and the Russian Federation).
  • Poses an undue risk of sabotage, threatens critical infrastructure, or risks national security and the safety of U.S. persons.

• Exceptions: The prohibitions do not apply to open-source software or informational materials (such as films, podcasts, and social media posts).

• Enforcement and Penalties: The amendment sets heavy penalties for violations:

  • Criminal: Fines up to $1,000,000 and up to 20 years in prison for individuals.
  • Civil: Fines that are the greater of $1,500,000 or 5 times the value of the transaction.

• Oversight and Duration: The Office must provide information to Congress upon request and submit annual reports. These new authorities are set to terminate 5 years after the enactment of this part.