Text of Senate Amendment 6575

On 2026-07-13, Senator Jim Banks (R-IN) delivered a floor speech titled "Text Of Senate Amendment 6575" in the Senate.

Text of Senate Amendment 6575

Congressional Record, Volume 172 Issue 113 (Monday, July 13, 2026) [Congressional Record Volume 172, Number 113 (Monday, July 13, 2026)] [Senate] [Pages S3772-S3773] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 6575. Mr. BANKS (for himself and Ms. Warren) 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) 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 any foreign country listed in Country Group D:5 under Supplement No. 1 to part 740 of the Export Administration Regulations. ``(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); 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; 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.--Beginning 18 months after the date of the enactment of this section, 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 through 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 the addition or modification; and ``(II) in consultation with each agency that is part of the Operating Committee for Export Policy, submits the addition or modification 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. ``(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 Export Control Reform Act of 2018 (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 January 1, 2026). ``(7) Restricted integrated circuit.-- ``(A) In general.--Subject to subparagraphs (B), (C), and (D), the term `restricted integrated circuit' means a covered integrated circuit that has 1 or more digital processing units with a total processing performance of 21,000 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 (4)(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. ``(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.--Not fewer than 15 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-- ``(1) the quantity of the covered integrated circuit, identified by an Export Control Classification Number, as applicable, and by [[Page S3773]] technical parameters of the covered integrated circuit; ``(2) the ultimate consignee or end-user of the covered integrated circuit; ``(3) the quantity of the covered integrated circuit that has been shipped to end-users in the United States at the time of the license application; and ``(4) any and all license conditions, which shall include a certification that-- ``(A) there is sufficient supply of the covered integrated circuit in the United States such that export of the covered integrated circuit authorized by the license would not result in any delay in fulfilling any existing or new orders of covered integrated circuits from customers in the United States for end use in the United States (taking into account normal lead times); ``(B) global foundry capacity that would otherwise be used to produce similar node or more covered integrated circuits for end users in the United States will not be diverted to produce the commodities authorized by the license for exports to the People's Republic of China; ``(C) the aggregate shipments of the covered integrated circuit to the People's Republic of China and Macau will be not more than 50 percent of the total covered integrated circuits shipped to customers for end use in the United States of that covered integrated circuit; ``(D) the transaction is not prohibited by end user, use controls, or controls for nonmilitary end uses or end users; ``(E) the license applicant will employ rigorous know your customer (KYC) procedures to screen and prevent unauthorized remote access to unauthorized parties (such as prohibited parties under part 744 of title 15, Code of Federal Regulations, or successor regulations); ``(F) prior to export from the United States, every shipment of covered integrated circuits will be reviewed by a qualified third-party testing lab to confirm the technical capabilities and functions of the artificial intelligence commodities in the license application of the exporter; and ``(G) the license application has provided the Under Secretary of Commerce for Industry and Security a list of remote end users located in Belarus, China, Cuba, Iran, Macau, North Korea, Russia, and Venezuela, or whose ultimate parent company is headquartered in any such country. ``(d) American Artificial Intelligence Victory Strategy.-- 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 an American Artificial Intelligence Victory Strategy that details-- ``(1) a whole-of-government framework to win the artificial intelligence race; ``(2) recommendations for policy changes the United States Government should make to best position the United States in the artificial intelligence race against the People's Republic of China; and ``(3) an assessment of the covered integrated circuit production numbers and capabilities of the People's Republic of China for fiscal years 2026 and 2027, including a com