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Technology Security: Reviewing ICTS Transactions Linked to Foreign National Security Risks.

This Act establishes a new office within the Department of Commerce to review Information and Communications Technology and Services (ICTS) transactions suspected of posing national security risks. The goal is to protect critical infrastructure and citizens' data from threats originating from designated foreign adversaries. While citizens benefit from enhanced security of digital services, businesses involved in ICTS supply chains must comply with new review procedures and face severe penalties for violations.
Key points
Establishment of the Office of Information and Communications Technology and Services (Office of ICTS) within the Department of Commerce to oversee technology transactions.
Introduction of a review process for ICTS transactions (e.g., hardware, software, cloud services) to assess undue or unacceptable risks to national security, including critical infrastructure sabotage.
Authority to impose mitigation measures (e.g., specific cybersecurity standards) or outright prohibition of transactions if the risk cannot be effectively managed.
Severe civil penalties (up to $300,000 or twice the transaction value) and criminal penalties (up to $1,000,000 and 20 years imprisonment) for violating the Act's provisions.
Identification of specific 'persons or jurisdictions of concern' (including Russia, China, Iran, North Korea) whose connected transactions warrant particular scrutiny.
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Additional Information
Print number: 118_HR_8742
Sponsor: Rep. Slotkin, Elissa [D-MI-7]
Process start date: 2024-06-13