Congressional approval requirement for advanced AI chip exports to China

(a)

In general

No person may export, reexport, or transfer an advanced AI semiconductor to the People’s Republic of China unless— (1)the Secretary of Commerce has approved such export, reexport, or transfer pursuant to subsection (b); and (2)Congress has enacted a joint resolution approving such export, reexport, or transfer pursuant to subsection (c). (b)

Executive branch approval process

(1)

Interagency review

Before approving any export, reexport, or transfer under subsection (a)(1), the Secretary of Commerce shall conduct an interagency review involving the Secretary of Defense, the Secretary of Energy, the Secretary of State, and the Director of National Intelligence in coordination with the appropriate elements of the intelligence community (as such term is defined in section 3 of the National Security Act of 1947). (2)

Factors for consideration

In conducting the review under paragraph (1), the Secretaries shall consider— (A)the potential impact on United States national security; (B)the potential impact on United States technological leadership; (C)the risk of enabling military applications by the People’s Republic of China; (D)the risk of enabling the perpetration of human rights abuses in the People’s Republic of China; (E)the availability of comparable technology at a comparable volume from other sources; and (F)the economic impact on United States companies and workers. (3)

Determination

The Secretary of Commerce may approve an export, reexport, or transfer under this subsection only if the Secretary determines, in coordination with the other Secretaries described in paragraph (1), that such action is in the national security and foreign policy interests of the United States. (c)

Congressional approval process

(1)

Submission to Congress

Not later than 30 days after making a determination under subsection (b)(3), the Secretary of Commerce shall submit to Congress a report describing— (A)the specific advanced AI semiconductor that is the subject of the determination; (B)the intended recipient in the People’s Republic of China of such semiconductor; (C)the intended use of such semiconductor; (D)the analysis conducted under subsection (b)(2); and (E)the basis for the determination under subsection (b)(3). (2)

Joint resolution required

An export, reexport, or transfer may proceed under subsection (a) only if Congress enacts a joint resolution specifically approving such action. (d)

Exceptions

The requirements of this section shall not apply to— (1)exports, reexports, or transfers for humanitarian purposes, as determined by the Secretary of Commerce; (2)exports, reexports, or transfers necessary for the operation of United States diplomatic or consular facilities in the People’s Republic of China; or (3)exports, reexports, or transfers of advanced AI semiconductors that were lawfully exported to the People’s Republic of China before the effective date of this Act and are being returned for repair or replacement.

Definitions

In this Act: (1)The term advanced AI semiconductor means a semiconductor that exceeds any of the following thresholds: (A)A total processing performance of 2,400 or a performance density of 1.6 or more. (B)A DRAM bandwidth exceeding 4,100 GB/s. (C)An interconnect bandwidth exceeding 1,100 GB/s. (D)A sum of DRAM bandwidth and interconnect bandwidth exceeding 5,100 GB/s. (2) The term People’s Republic of China means— (A) the territory of the People’s Republic of China, including Hong Kong and Macau; or (B) any entity that is owned or controlled by, or acting on behalf of, the Government of the People’s Republic of China or the Chinese Communist Party. (3) The term person means any individual, corporation, partnership, association, or other legal entity, wherever located.