S. 2041: Information and Communications Technology and Services National Security Review Act
Sponsor
Elissa Slotkin
Democrat · MI
Commerce gets sharper tech security teeth
Why it matters
The bill would give the Commerce Department a clearer, permanent structure to block or condition risky tech deals tied to China, Russia, Iran, and North Korea at a time of growing concern over supply-chain espionage and sabotage.
S. 2041 would create a dedicated Office of Information and Communications Technology and Services inside the Commerce Department's Bureau of Industry and Security. In simple terms, it turns an existing national-security concern into a standing mission: find risky tech transactions, investigate them, and either force safety fixes or stop them entirely.
The bill is aimed at transactions involving information and communications technology and services — things like hardware, software, digital services, and related components — especially when they are tied to companies or governments linked to China, Russia, Iran, or North Korea. It also reaches certain exports and transfers of sensitive items on the Commerce Control List. That means the bill is not just about telecom gear; it is also about broader technology supply chains and sensitive trade.
A major shift here is process and power. The Secretary of Commerce, acting through the new office, could demand records under oath, issue subpoenas, hold hearings, and investigate deals before, during, or after they happen. If the government finds an "undue risk," it could impose mitigation terms like cybersecurity requirements or stripping out risky components. If the risk cannot be managed, the transaction could be banned and publicly listed in the Federal Register.
Supporters would likely say this closes gaps in how the U.S. handles hostile-country tech exposure and gives industry a clearer place to go for decisions. Critics may worry the bill gives Commerce broad discretion, creates compliance burdens for companies, and leaves important terms — like what makes risk unmanageable in practice — to future enforcement choices. The bill text provided appears to cut off mid-section, so more implementation details may exist in the full version.
Bill Progress
Latest Action · Jun 11, 2025
Read twice and Referred to Banking, Housing, and Urban Affairs. for review
S. 2041 Bill Summary
What S. 2041 actually does.
Creates a permanent tech security office
The bill sets up a new Office of Information and Communications Technology and Services inside the Commerce Department's Bureau of Industry and Security to focus on risky tech and supply-chain transactions.
Targets deals tied to high-risk countries
It defines covered transactions to include certain tech deals and sensitive exports involving ICTS or controlled items connected to China, Russia, Iran, or North Korea.
Gives Commerce broad investigative powers
The Secretary of Commerce could require reports under oath, demand records in specific formats, issue subpoenas, hold hearings, take testimony, and investigate transactions.
Allows fixes instead of outright bans
If a transaction creates risk, Commerce could impose mitigation steps such as cybersecurity standards, contractual conditions, or removal of certain hardware, software, or digital components.
Lets Commerce block dangerous transactions
If the government decides a risky transaction cannot be made safe, the Secretary could prohibit it and must notify the parties and publish the decision publicly.
Adds special hiring authority
The office's executive director could hire certain employees more quickly by bypassing some normal federal competitive hiring rules.
Who benefits from S. 2041?
U.S. national security agencies
They would gain a more formal system for identifying and stopping foreign-linked tech risks before they spread into U.S. networks or supply chains.
Critical infrastructure operators
Power, water, transportation, telecom, and other operators could benefit if risky foreign technology is screened out or subjected to tougher safeguards.
Domestic tech and cybersecurity firms
U.S.-based providers may see more demand for trusted hardware, software, compliance services, and security upgrades if foreign-linked products face tighter scrutiny.
Commerce Department enforcement staff
They would get a dedicated office, clearer authority, and faster hiring tools to handle a growing national-security workload.
Who is affected by S. 2041?
U.S. companies buying or using foreign-linked tech
They could face new reviews, paperwork, delays, and conditions when sourcing hardware, software, or services connected to covered countries or entities.
Exporters and supply-chain intermediaries
Businesses involved in exports, reexports, and in-country transfers of controlled items could see more scrutiny and possible transaction restrictions.
Foreign firms tied to covered jurisdictions
Companies linked to China, Russia, Iran, or North Korea could face bans, exclusions from U.S. deals, or pressure on their U.S. market access.
Investors and dealmakers in tech transactions
They may need to price in more regulatory risk, especially for cross-border deals involving communications technology, software, digital services, or sensitive components.
S2041 Legislative Journey
Committee Action
Jun 11, 2025
Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
About the Sponsor
Elissa Slotkin
Democrat, MI · 7 years in Congress
Committees: Homeland Security and Governmental Affairs, Veterans' Affairs, Agriculture, Nutrition, and Forestry
View full profile →
Committee Sponsors
Banking, Housing, and Urban Affairs Committee
0 of 24 committee members cosponsored
No committee members have cosponsored this bill
11 Democrats across this committee haven't cosponsored yet. Mobilize their constituents
S. 2041 Quick Facts
- Committee
- Banking, Housing, and Urban Affairs
- Chamber
- Senate
- Policy
- Armed Forces and National Security
- Introduced
- Jun 11, 2025
Read twice and Referred to Banking, Housing, and Urban Affairs. for review
Jun 11, 2025
S. 2041 Common Questions
What are the penalties for violating the ICTS National Security Review Act?
Willful violations can bring up to a $1,000,000 fine, up to 20 years in prison, or both, plus civil penalties of the greater of $250,000 or twice the transaction value under the Information and Communications Technology and Services National Security Review Act (Sec. 1785H).
How much is the civil penalty for an illegal covered tech transaction under S. 2041?
According to S. 2041 Section 1785H, the civil penalty is the greater of $250,000 or twice the value of the transaction. Commerce may also revoke authorizations or bar future covered transactions.
Can you go to jail for violating Commerce tech security orders under this bill?
Yes. Under the Information and Communications Technology and Services National Security Review Act (Sec. 1785H), a willful violation can mean up to 20 years in prison, a fine up to $1,000,000, or both.
Which countries are treated as jurisdictions of concern under S. 2041?
S. 2041 names China, Russia, Iran, and North Korea as jurisdictions of concern for covered ICTS and controlled-item transactions (Sec. 1785).
Can the Commerce Department ban a tech transaction and publish it publicly?
Yes. Under the Information and Communications Technology and Services National Security Review Act (Sec. 1785B), if mitigation will not work, the Secretary may prohibit the transaction and must publish the prohibition in the Federal Register.
Does S. 2041 let Commerce subpoena records and testimony in tech security investigations?
Yes. According to S. 2041 Section 1785B, the Secretary may require reports under oath, hold hearings, examine witnesses, and issue subpoenas for books, contracts, and other documents.
What counts as an undue risk under the ICTS National Security Review Act?
Under the Information and Communications Technology and Services National Security Review Act (Sec. 1785), undue risk includes sabotage or subversion of ICTS, catastrophic effects on U.S. critical infrastructure or the digital economy, or an entity of concern getting a Commerce Control List item.
Can Commerce force cybersecurity fixes instead of blocking a transaction outright?
Yes. Under the Information and Communications Technology and Services National Security Review Act (Sec. 1785B), Commerce can negotiate mitigation, require cybersecurity standards, or exclude specific hardware, software, or digital services.
How long do companies have to challenge a Commerce ICTS decision in court?
According to S. 2041 Section 1785G, a challenge must be filed within 180 days, and review is exclusively in the U.S. Court of Appeals for the D.C. Circuit.
Does S. 2041 create a new Commerce office for risky China and Russia tech deals?
Yes. Under the Information and Communications Technology and Services National Security Review Act (Sec. 1785A), it creates an Office of Information and Communications Technology and Services within Commerce's Bureau of Industry and Security.
Based on S. 2041 bill text
Full Bill Text
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