Text of Senate Amendment 6451

On 2026-06-24, Senator Jim Banks (R-IN) delivered a floor speech titled "Text Of Senate Amendment 6451" in the Senate.

Text of Senate Amendment 6451

Congressional Record, Volume 172 Issue 106 (Wednesday, June 24, 2026) [Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)] [Senate] [Pages S3576-S3578] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 6451. Mr. BANKS (for himself, Ms. Warren, Mr. Cotton, Ms. Cortez Masto, Mr. Ricketts, Mr. Kim, and Mr. McCormick) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle E of title XII, add the following: SEC. 1271. 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) Allied country.--The term `allied country' means any country listed in Country Group A under Supplement No. 1 to part 740 of the Export Administration Regulations (as in effect on January 1, 2026). ``(2) 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. ``(3) 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. ``(4) 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) any other foreign country listed in Country Group D:5 under Supplement No. 1 to part 740 of the Export Administration Regulations, as published on January 1, 2026. ``(5) 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; [[Page S3577]] ``(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 24 months after the date of the submission to Congress of the American Artificial Intelligence Victory Strategy required in subsection (f), the Under Secretary of Commerce for Industry and Security may add or modify technical parameters for the definition of `covered integrated circuit' for purposes of this section though notice in the Federal Register, so long as-- ``(i) the addition or modification poses no adverse impact on the national security of the United States; and ``(ii) not fewer than 30 days before the addition or modification takes effect, the Under Secretary-- ``(I) consults with the appropriate congressional committees regarding such addition or modification; and ``(II) in consultation with each agency that is part of the Operating Committee for Export Policy, updates the American Artificial Intelligence Victory Strategy required in subsection (f) and submits such update to the appropriate congressional committees. ``(C) Products included.--Except as provided in 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-- ``(i) covered integrated circuits or products containing a covered integrated circuit that are not designed or marketed for use in a data center; or ``(ii) microprocessor microcircuits, such as central processing units, that are not graphics processing units or similar products. ``(6) 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 Export Control Reform Act of 2018 (50 U.S.C. 4822(c)). ``(7) 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 January 1, 2026). ``(8) Restricted integrated circuit.-- ``(A) In general.--Subject to subparagraphs (B), (C), and (D), the term `restricted integrated circuit' means a covered integrated circuit that is-- ``(i) an integrated circuit that has 1 or more digital processing units-- ``(I) with a total processing performance of 21,000 or more; or ``(II) with a total processing performance of 1,600 or more and a performance density of 21 or more; or ``(ii) an integrated circuit that was first marketed for sale after January 1, 2026, and 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; or ``(III) a total processing performance of 1,600 or more and a performance density of 3.2 or more. ``(B) Authority to update technical parameters.--The Under Secretary of Commerce for Industry and Security may add or modify technical parameters for the definition of `restricted integrated circuit' in the same manner and subject to the same restrictions as the authority described in paragraph (6)(B). ``(C) Products included.--Except as provided by subparagraph (D), the term `restricted integrated circuit' includes a product containing such a restricted integrated circuit. ``(D) Exclusion.--The term `restricted integrated circuit' does not include-- ``(i) restricted integrated circuits or products containing a restricted integrated circuit that are not designed or marketed for use in a data center; or ``(ii) microprocessor microcircuits, such as central processing units, that are not graphics processing units or similar products. ``(9) 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 (h)(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 consultation 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 or a restricted 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 of Commerce for Industry and Security 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 consultation 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 and proposed license, 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) that the United States Government has no information indicating that the ultimate consignee or end-user has, does, or will support or enable, directly or indirectly, the military, intelligence, surveillance, or cyber-enabled capabilities of a country of concern; ``(ii) an explanation of how the license conditions support the certification; and ``(iii) 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