Closing Loopholes for the Overseas Use and Development of Artificial Intelligence Act

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4683 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 4683

   To prohibit support for the remote use or cloud use of integrated 
 circuits listed under Export Control Classification Number 3A090 and 
 4A090 of the Export Administration Regulations by entities located in 
                the People's Republic of China or Macau.


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                    IN THE HOUSE OF REPRESENTATIVES

                             July 17, 2023

 Mr. Jackson of North Carolina (for himself, Mr. Lawler, Ms. Crockett, 
and Mr. McCormick) introduced the following bill; which was referred to 
                    the Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
   To prohibit support for the remote use or cloud use of integrated 
 circuits listed under Export Control Classification Number 3A090 and 
 4A090 of the Export Administration Regulations by entities located in 
                the People's Republic of China or Macau.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Closing Loopholes for the Overseas 
Use and Development of Artificial Intelligence Act'' or the ``CLOUD AI 
Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The People's Republic of China, the Russian Federation, 
        and other adversarial countries have taken actions to undermine 
        global stability as well as the United States national security 
        and foreign policy objectives.
            (2) China has used commercially available civilian 
        technology to modernize its military forces in a policy known 
        as military-civil fusion.
            (3) As part of its policy of military-civil fusion, China 
        is working to modernize its nuclear, chemical, missile, and 
        biological weapons capacity.
            (4) The United States and its allies have long regulated 
        items and activities that support the development, production, 
        or use of otherwise commercial items if those items are aid in 
        the development, production, or use of nuclear, chemical, 
        missile, or biological weapons.
            (5) Artificial intelligence tools could be used to support 
        the development, production, or use of nuclear, chemical, 
        missile, or biological weapons or enhance the destructive 
        capabilities of those weapons.
            (6) Advanced semiconductors and supercomputer components 
        such as graphics processing units can be used to develop or 
        train artificial intelligence tools and models.
            (7) In October 2022, the Department of Commerce promulgated 
        export control rules to prevent the export of advanced 
        semiconductors and supercomputer components to China or Macau.
            (8) Notwithstanding these controls, recent reporting 
        indicates that though entities located in China and Macau can 
        no longer purchase and import advanced semiconductors and 
        supercomputer components because of the October 2022 export 
        controls, Chinese entities are still developing artificial 
        intelligence tools and models by purchasing remote and cloud 
        access to these same advanced components to train artificial 
        intelligence models and tools.

SEC. 3. PROHIBITION ON SUPPORT FOR REMOTE USE OR CLOUD USE OF 
              INTEGRATED CIRCUITS LISTED UNDER EXPORT CONTROL 
              CLASSIFICATION NUMBER 3A090 AND 4A090 OF THE EXPORT 
              ADMINISTRATION REGULATIONS BY ENTITIES LOCATED IN THE 
              PEOPLE'S REPUBLIC OF CHINA OR MACAU.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Commerce shall prohibit United 
States persons and United States subsidiaries from providing support 
for the remote use or cloud use of any integrated circuit listed under 
Export Control Classification Number 3A090 and 4A090 of the Export 
Administration Regulations by an entity located in the People's 
Republic of China or Macau.
    (b) Regulations.--The Secretary of Commerce shall issue such 
regulations as may be necessary to carry out this section.
    (c) Definitions.--In this section--
            (1) the term ``Export Administration Regulations'' means 
        the regulations set forth in subchapter C of chapter VII of 
        title 15, Code of Federal Regulations;
            (2) the term ``support'' has the meaning given that term in 
        section 744.6 of title 15, Code of Federal Regulations;
            (3) the term ``United States person'' has the meaning given 
        the term ``U.S. Person'' in section 772.1 of title 15, Code of 
        Federal Regulations; and
            (4) the term ``United States subsidiary'' has the meaning 
        given the term ``U.S. Subsidiary'' in section 772.1 of title 
        15, Code of Federal Regulations, notwithstanding the limitation 
        applied with respect to encryption items in that definition.
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