No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6875 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 6875
To require the Under Secretary of Commerce for Industry and Security to
require a license for the export, reexport, or in-country transfer of
certain integrated circuits, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 18, 2025
Mr. Mast (for himself, Mr. Huizenga, Mr. Moolenaar, Mrs. Kim, Mr. Self,
Mr. Crawford, and Mr. LaHood) introduced the following bill; which was
referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To require the Under Secretary of Commerce for Industry and Security to
require a license for the export, reexport, or in-country transfer of
certain integrated circuits, and for other purposes.
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 ``Artificial Intelligence Oversight of
Verified Exports and Restrictions on Weaponizable Advanced Technology
to Covered High-Risk Actors Act'' or the ``AI OVERWATCH Act''.
SEC. 2. LICENSE REQUIREMENT FOR EXPORTS OF COVERED INTEGRATED CIRCUITS
TO COUNTRIES OF CONCERN.
Part I of the Export Control Reform Act of 2018 (50 U.S.C. 4811 et
seq.) is amended by inserting after section 1758 the following:
``SEC. 1758A. CONTROL OF EXPORTS OF COVERED INTEGRATED CIRCUITS.
``(a) Definitions.--In this section:
``(1) Appropriate congressional committees.--the term
`appropriate congressional committees' means the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate.
``(2) Commerce control list.--The term `Commerce Control
List' means the list set forth in Supplement No. 1 to part 774
of the Export Administration Regulations.
``(3) Country of concern.--The term `country of concern'
means--
``(A) the People's Republic of China, including the
Hong Kong and Macau Special Administrative Regions;
``(B) the Republic of Cuba;
``(C) the Islamic Republic of Iran;
``(D) the Democratic People's Republic of Korea;
``(E) the Russian Federation; and
``(F) the Bolivarian Republic of Venezuela under
the regime of Nicolas Maduro Moros.
``(4) Covered integrated circuit.--
``(A) In general.--Subject to subparagraphs (B),
(C), and (D), the term `covered integrated circuit'
means--
``(i) an integrated circuit, computer, or
other product--
``(I) classified under Export
Control Classification Number 3A090 or
4A090 or related Export Control
Classification Numbers; or
``(II) that is functionally
equivalent or substantially similar to
a circuit, computer, or product
described in subclause (I), including
certain similar products listed under
Export Control Classification Number
5A002.z; or
``(ii) an integrated circuit that has 1 or
more digital processing units with--
``(I) a total processing
performance of 4,800 or more;
``(II) a total processing
performance of 2,400 or more and a
performance density of 1.6 or more;
``(III) a total processing
performance of 1,600 or more and a
performance density of 3.2 or more; or
``(IV) a total DRAM bandwidth of
1,400 gigabytes per second or more,
interconnect bandwidth of 1,100
gigabytes per second or more, or a sum
of DRAM bandwidth and interconnect
bandwidth of 1,700 gigabytes per second
or more.
``(B) Authority to update technical parameters.--
Beginning 18 months after the date of the submission to
Congress of the national security strategy required in
subsection (g), the Under Secretary may add or modify
technical parameters for the definition of `covered
integrated circuit' for purposes of this section, if
the Operating Committee for Export Policy has approved
the new or modified technical parameters by majority
vote.
``(C) Products included.--Except as provided by
subparagraph (D), the term `covered integrated circuit'
includes a product containing such a covered integrated
circuit.
``(D) Exclusion.--The term `covered integrated
circuit' does not include a covered integrated circuit
or a product containing such a covered integrated
circuit that is not designed or marketed for use in
data centers.
``(5) Operating committee for export policy.--The term
`Operating Committee for Export Policy' means the Operating
Committee for Export Policy referred to in section 1763(c) of
the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (50 U.S.C. 4822(c)).
``(6) Performance density; total processing performance.--
The terms `performance density' and `total processing
performance' have the meanings given those terms in, and are
calculated as provided for under, Export Control Classification
Number 3A090 in the Commerce Control List (as in effect on
December 15, 2025).
``(7) Trusted united states person.--The term `trusted
United States person' means any United States person designated
as a trusted United States person pursuant to subsection
(d)(2).
``(b) License Requirement.--
``(1) In general.--Beginning on the date of the enactment
of this section, the Under Secretary of Commerce for Industry
and Security, in coordination with each agency that is part of
the Operating Committee for Export Policy, shall require a
license for the export, reexport, or in-country transfer of a
covered integrated circuit to an entity that is located or
headquartered in, or the ultimate parent company of which is
headquartered in, a country of concern.
``(2) General license prohibited.--The Under Secretary may
not issue a general license for the purpose of fulfilling the
license requirement in paragraph (1).
``(c) Certification to Congress.--
``(1) Certification requirement.--Not fewer than 30 days
prior to approving any license for the export, reexport, or in-
country transfer of a covered integrated circuit to an entity
that is located or headquartered in, or the ultimate parent
company of which is headquartered in, a country of concern, the
Under Secretary of Commerce for Industry and Security, in
coordination with each agency that is part of the Operating
Committee for Export Policy, shall submit to the appropriate
congressional committees a copy of the license application,
including--
``(A) the quantity of covered integrated circuit,
identified by an Export Control Classification Number,
as applicable, and by technical parameters of the
covered integrated circuit;
``(B) the ultimate consignee or end-user of the
covered integrated circuit;
``(C) any and all license conditions;
``(D) a certification that the export, reexport, or
in-country transfer of the covered integrated circuit
has verifiable and enforceable mechanisms for ensuring
the ultimate consignee or end-user has not, does not,
and will not support or enable, directly or indirectly,
the military, intelligence, surveillance, or cyber-
enabled capabilities of a country of concern,
including--
``(i) an explanation of how the license
conditions support the certification; and
``(ii) in the case that the license
concerns a country of concern that engages in a
military-civil fusion policy or maintains a law
that requires persons to provide support and
assistance to national security bodies, public
security bodies, or relevant military bodies of
the country of concern, details on how the
license conditions address the specific threats
arising from such policy or law;
``(E) a certification that approving the license
will not adversely impact the availability of covered
integrated circuits for United States persons,
including a certification that all of the major
subcomponents of the covered integrated circuits, such
as high-bandwidth memory, are available in sufficient
supply to fulfill the entirety of the demand of United
States persons; and
``(F) a certification that approving the license
will not adversely impact the advantage of the United
States in total nationally-installed processing power
capacity relative to the country of concern related to
the ultimate consignee or end user of the covered
integrated circuit;
``(G) the underlying analyses supporting the
certifications required in subparagraphs (D), (E), and
(F); and
``(H) a technical assessment (including an
alternative assessment by the Director of National
Intelligence, if applicable) of how the export, re-
export, or in-country transfer of the covered
integrated circuit to an entity that is located or
headquartered in, or the ultimate parent company of
which is headquartered in, a country of concern affects
the artificial intelligence leadership of the United
States, including in terms of global market share, in
artificial intelligence models, artificial intelligence
cloud services, and covered integrated circuits,
respectively.
``(2) Limitation.--
``(A) In general.--The license described in
subsection (b) may not be issued--
``(i) until the date that is not fewer than
30 days after the committees described
paragraph (1) received the certification
required in such paragraph; and
``(ii) if Congress, prior to the date that
is 30 days after such committees received such
certification, enacts a joint resolution
prohibiting the proposed export, reexport, or
in-country transfer.
``(B) Joint resolution.--
``(i) Consideration in the senate.--Any
joint resolution under this subsection shall be
considered in the Senate in accordance with the
provisions of section 601(b) of the
International Security Assistance and Arms
Export Control Act of 1976 (Public Law 94-329;
90 Stat. 765).
``(ii) Consideration in the house of
representatives.--For the purpose of expediting
the consideration and enactment of joint
resolutions under this subsection, a motion to
proceed to the consideration of any such joint
resolution after it has been reported by the
appropriate committee shall be treated as
highly privileged in the House of
Representatives.
``(d) Exemption From Certain License Requirements for Trusted
United States Persons.--
``(1) In general.--The requirement for a license under
sections 742.6 and 744.23 of the Export Administration
Regulations shall not apply to the export, reexport, or in-
country transfer of a covered integrated circuit if the covered
integrated circuit--
``(A) is destined for a country that is not a
country of concern; and
``(B) remains under the ownership and control of a
trusted United States person or the subsidiaries of a
trusted United States person once the covered
integrated circuit is in operation.
``(2) Implementation.--Not later than 90 days after the
date of the enactment of this section, the Under Secretary of
Commerce for Industry and Security, in coordination with each
agency that is part of the Operating Committee for Export
Policy, shall--
``(A) seek input from the public regarding the
standards and requirements a United States person
should be required to meet to obtain a designation as a
trusted United States person;
``(B) based on such input, prescribe regulations
establishing such standards and requirements, which
shall include--
``(i) establishment by the United States
person of reasonable security standards,
including physical security, cybersecurity,
remote access, secure covered integrated
circuit repair and disposal procedures, and
other measures designed to prevent the illicit
transfer, diversion, or access to covered
integrated circuits;
``(ii) a requirement that the United States
person may not transfer or install a majority
of its aggregate total processing performance
of covered integrated circuits outside the
United States;
``(iii) a requirement that not more than 10
percent of the ultimate beneficial ownership of
the United States person may be held, directly
or indirectly, by any entity that primarily
resides, is domiciled, or conducts the majority
of its business in a country of concern;
``(iv) a preference for sourcing advanced
integrated circuits and subcomponents from
production facilities that support the revival
of semiconductor manufacturing in the United
States; and
``(v) annual audit or attestation
requirements to ensure compliance with clauses
(i), (ii), and (iii); and
``(C) prescribe regulations establishing the
process by which the Under Secretary, in coordination
with each agency that is part of the Operating
Committee for Export Policy, shall approve such a
designation.
``(3) Allied expansion.--The Under Secretary, in
coordination with each agency that is part of the Operating
Committee for Export Policy, shall consider options for
securely expanding the license exemption program described in
this subsection to allies of the United States.
``(e) Termination of Licenses.--Any license issued or approved
prior to the date of the enactment of this section for the export,
reexport, or in-country transfer of a covered integrated circuit to an
entity that is located or headquartered in, or the ultimate parent
company of which is headquartered in, a country of concern is
terminated.
``(f) Temporary Prohibition.--The Under Secretary, in coordination
with each agency that is part of the Operating Committee for Export
Policy, shall deny all licenses for the export, reexport, or in-country
transfer of a covered integrated circuit to an entity that is located
or headquartered in, or the ultimate parent company of which is
headquartered in, a country of concern until the date that is 14 days
after the submission to Congress of the national security strategy
required in subsection (g).
``(g) National Security Strategy.--The Secretary of Commerce, in
conjunction with the Secretary of State, the Secretary of Defense, the
Secretary of Energy, the United States Trade Representative, the
Secretary of the Treasury, and the Director of the White House Office
of Science and Technology Policy, and in consultation with the Director
of National Intelligence, shall submit to the appropriate congressional
committees a strategy that details--
``(1) the national security implications of and goals that
should govern the physical and remote access by countries of
concern to covered integrated circuits, semiconductor
manufacturing equipment, and related subcomponents that are
from the United States or allies of the United States;
``(2) an assessment of the implications of the export, re-
export, or in-country transfer of covered integrated circuits
to countries of concern for the military, intelligence,
surveillance, or cyber-enabled capabilities of such countries;
and
``(3) an assessment by the Director of National
Intelligence of the covered integrated circuit production
numbers and capabilities of the People's Republic of China for
fiscal year 2026, including--
``(A) a determination of whether the Chinese
Communist Party would cease or reduce its efforts to
pursue indigenous production and use of Chinese-
designed and manufactured covered integrated circuits
if entities located or headquartered in, or the
ultimate parent company of which is headquartered in,
the People's Republic of China are provided access to
covered integrated circuits designed in the United
States;
``(B) a comparison of the covered integrated
circuit production numbers and capabilities of the
People's Republic of China to the covered integrated
circuit production numbers and capabilities of the
United States and allies of the United States; and
``(C) a quantitative analysis examining the
artificial intelligence capabilities of countries of
concern if such countries relied solely on indigenous
production of covered integrated circuits using
indigenously produced manufacturing equipment and
related subcomponents.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Foreign Affairs.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line