H.R. 6875

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6875 Introduced in House (IH)]

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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.''.
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