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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9546 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 9546
To provide for exceptions for notifications to the United States
Government relating to specified foreign entities.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 30, 2026
Mr. Gottheimer (for himself and Mr. Moolenaar) introduced the following
bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide for exceptions for notifications to the United States
Government relating to specified foreign entities.
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 ``Cloud Security Act''.
SEC. 2. EXCEPTIONS FOR NOTIFICATIONS TO THE UNITED STATES GOVERNMENT
RELATING TO SPECIFIED FOREIGN ENTITIES.
(a) Communications.--Section 2702(b) of title 18, United States
Code, is amended--
(1) in paragraph (8), by striking ``; or'' and inserting a
semicolon;
(2) in paragraph (9), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(10) to the Secretary of Commerce, or an officer,
employee, or agent of the United States Government designated
by the Secretary of Commerce, if--
``(A) the disclosure is made for the purpose of
providing a verification, notification, referral,
report, or other information required to comply with
regulations issued pursuant to the Export Control
Reform Act of 2018 (50 U.S.C. 4801 et seq.);
``(B) the provider, in good faith, believes that
the communication relates to use of a covered cloud
product by a specified foreign entity, or by an entity
acting on behalf of, at the direction of, or for the
benefit of a specified foreign entity; and
``(C) the disclosure is limited to the contents
reasonably necessary to make or substantiate the
verification, notification, referral, report, or other
information described in subparagraph (A).''.
(b) Customer Records.--Section 2702(c) of title 18, United States
Code, is amended--
(1) in paragraph (6), by striking ``; or'' and inserting a
semicolon;
(2) in paragraph (7), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(8) to the Secretary of Commerce, or an officer,
employee, or agent of the United States Government designated
by the Secretary of Commerce, if--
``(A) the disclosure is made for the purpose of
providing a verification, notification, referral,
report, or other information required or authorized
under the Act that enacted this paragraph, or to comply
with regulations issued pursuant to the Export Control
Reform Act of 2018 (50 U.S.C. 4801 et seq.);
``(B) the provider, in good faith, believes that
the record or other information relates to use of a
covered cloud product by a specified foreign entity, or
by an entity acting on behalf of, at the direction of,
or for the benefit of a specified foreign entity; and
``(C) the disclosure is limited to the record or
other information reasonably necessary to make or
substantiate the verification, notification, referral,
report, or other information described in subparagraph
(A).''.
(c) Definitions.--Section 2711 of title 18, United States Code, is
amended--
(1) in paragraph (3)(C), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) the term `AI model' means an artificial intelligence
model that is trained on broad data, generally uses self-
supervision, contains at least 1,000,000,000 parameters, and is
applicable across a wide range of contexts;
``(6) the term `covered cloud product' means--
``(A) an infrastructure as a service product used
to develop or deploy an advanced AI model using a
covered integrated circuit; or
``(B) a platform as a service or software as a
service product that provides a customer with
computational resources, access, or functionality
substantially equivalent to those available through an
infrastructure as a service product described in
subparagraph (A), regardless of how the product is
marketed, packaged, or characterized;
``(7) the term `covered integrated circuit'--
``(A) means, subject subparagraph (B)--
``(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) has the meaning given such term in
subparagraph (A), as modified by the Secretary of
Commerce beginning 24 months after the date of
enactment of this paragraph;
``(C) includes a product containing such a covered
integrated circuit;
``(D) 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; and
``(8) the term `specified foreign entity' has the meaning
given that term in section 7701(a)(51)(B) of the Internal
Revenue Code of 1986.''.
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