S.Amdt. 6451

This amendment aims to add a new section (SEC. 1271) to the Export Control Reform Act of 2018. Its purpose is to establish strict license requirements and prohibitions for exporting covered integrated circuits and restricted integrated circuits to countries of concern.

Key changes and additions include:

• License Requirements: It requires a license for the export, reexport, or in-country transfer of covered or restricted integrated circuits to entities located in, headquartered in, or owned by parent companies in countries of concern (such as China, Russia, Iran, North Korea, and Cuba).

• Stricter Controls:

  • Restricted Integrated Circuits: The amendment mandates that all licenses for these specific circuits to countries of concern must be denied.
  • General Licenses: The Under Secretary of Commerce for Industry and Security is prohibited from issuing general licenses for these exports.
  • Existing Licenses: All licenses issued prior to this section's enactment for these circuits to countries of concern are terminated.

• Congressional Oversight: Before approving a license for a covered integrated circuit, the Under Secretary must provide the appropriate congressional committees with the application and several certifications. These certifications must prove the export will not harm U.S. national security, the defense industrial base, or U.S. technology leadership.

• Strategic Planning: The Under Secretary must submit an American Artificial Intelligence Victory Strategy to Congress. This strategy must detail a government-wide framework to win the AI race and assess the implications of countries of concern gaining access to these circuits.

• Trusted Person Exemption: It creates a path for trusted United States persons to be exempt from certain license requirements, provided the circuits remain under their ownership and control and they meet strict security and ownership standards.