ICTS Supply Chain Security Act of 2026
- Bill Number
- S. 4882
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Status
- Introduced
- Latest Action
- 2026-06-24: Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
- Last Updated
- 2026-07-07T04:53:29Z
AI-Generated Summary
Purpose The legislation amends the Export Control Reform Act of 2018 to establish a framework for identifying and prohibiting transactions involving information and communications technology or services (ICTS) that pose risks to U.S. national security when linked to designated countries of concern.
Key Provisions
- Creates the position of Assistant Secretary of Commerce for Information and Communications Technology Supply Chains within the Bureau of Industry and Security, who oversees a new Office of Information and Communications Technology and Services.
- Adds Part IV to the Export Control Reform Act, which prohibits acquisitions, importations, transfers, installations, dealings in, or uses of ICTS by persons or property subject to U.S. jurisdiction if the transaction involves ICTS from a country of concern and meets specified risk criteria.
- Defines countries of concern as the People's Republic of China (including Hong Kong and Macau), Cuba, Iran, North Korea, and Russia.
- Lists risk criteria including undue risks of sabotage, subversion, catastrophic effects on critical infrastructure or the digital economy, or unacceptable risks to national security or U.S. persons.
- Provides exceptions for expressive materials (such as publications and digital media) and open-source software.
- Authorizes the Secretary of Commerce to issue regulations identifying specific transactions or parties for mitigation measures, prohibitions, or licensing; to approve transactions after mitigation; and to take other necessary actions.
- Establishes civil penalties (up to the greater of $1.5 million or five times the transaction value) and criminal penalties (up to $1 million fine and 20 years imprisonment for willful violations).
- Requires annual reports to the appropriate congressional committees and includes a five-year termination date for the new authorities.
Significant Changes to Existing Law
- Introduces a dedicated organizational structure and Part IV within the Export Control Reform Act, codifying and expanding authorities previously exercised under Executive Orders 13873 and 14034.
- Exempts most functions under the new part from standard Administrative Procedure Act requirements and Paperwork Reduction Act obligations.
- Establishes exclusive judicial review in the U.S. Court of Appeals for the District of Columbia Circuit, with provisions for in camera and ex parte handling of sensitive information.
- Coordinates with but does not alter existing authorities under the Defense Production Act or the Committee on Foreign Investment in the United States.
Potential Impacts
- Government agencies: Expands responsibilities of the Department of Commerce and Bureau of Industry and Security; requires interagency consultation; limits certain oversight processes.
- Citizens and businesses: Restricts U.S. persons from engaging in covered ICTS transactions with entities tied to countries of concern, potentially affecting supply chains, technology imports, and related contracts.
- International relations: Targets transactions involving specified foreign countries, which may influence trade, technology flows, and diplomatic interactions with those nations.
Main Stakeholders Affected
- U.S. companies and individuals involved in ICTS supply chains.
- Entities owned by, controlled by, or subject to the jurisdiction of countries of concern.
- The Department of Commerce, Bureau of Industry and Security, and relevant federal agencies.
- Congressional committees with jurisdiction over banking and foreign affairs.
Notable Legal, Constitutional, or Political Implications
- Limits judicial remedies and public disclosure of certain records while preserving other privileges and defenses.
- Applies prohibitions retroactively to existing contracts and permits.
- Includes a statutory sunset clause after five years.
- Focuses exclusively on national security risks without altering unrelated export control or investment review processes.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Recent Actions
- 2026-06-24: Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
- 2026-06-24: Introduced in Senate
Bill Versions
- ICTS Supply Chain Security Act of 2026 — issued 2026-06-24 — PDF (17 pages)