Text of Senate Amendment 6683

Text in the Record

SA 6683. Mr. COTTON 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,

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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 title X, add the following:

Subtitle H--Chip Security Act

SEC. 1094. SHORT TITLE.

This subtitle may be cited as the ``Chip Security Act''.

SEC. 1095. SENSE OF CONGRESS.

It is the sense of Congress that-- (1) technology developed in the United States should serve as the foundation for the global ecosystem of artificial intelligence to advance the foreign policy and national security objectives of the United States and allies and partners of the United States; (2) the United States can foster goodwill, strengthen relationships, and support innovative research around the world by providing allies and partners of the United States with advanced computing capabilities; (3) advanced integrated circuits and computing hardware that are exported from the United States must be protected from diversion, theft, and other unauthorized use or exploitation in order to bolster the competitiveness of the United States and protect the national security of the United States; (4) illegal diversion of advanced integrated circuits and computing hardware, particularly illegal diversion to the People's Republic of China and the Russian Federation, is a significant and growing issue that undermines the United States' export controls and threatens the United States' national security; (5) implementing chip security mechanisms will improve enforcement of export control laws of the United States, assist allies and partners with guarding computing hardware, and enhance protections from bad actors looking to access, divert, or tamper with advanced integrated circuits and computing hardware; and (6) implementing chip security mechanisms may help with the detection of smuggling or exploitation of advanced integrated circuits and computing hardware, thereby allowing for increased flexibility in export controls and opening the door for more international partners to receive streamlined and larger shipments of advanced computing hardware.

SEC. 1096. DEFINITIONS.

In this subtitle: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Foreign Affairs of the House of Representatives. (2) Chip security mechanism.--The term ``chip security mechanism'' means, with respect to a covered integrated circuit product, a software-, firmware-, or hardware-enabled security mechanism or a physical security mechanism, including-- (A) periodic on-site audits or inventories at the end- user's approved destination for the covered integrated circuit product; (B) periodic attestations by a U.S.-headquartered entity, or its subsidiaries, confirming that all covered integrated circuit products are accounted for, provided the Under Secretary approves the attestations; (C) except in the case of a covered integrated circuit product whose sole or principal function is memory or storage, ping-based location verification through a trusted landmark server utilizing secure software- or firmware- enabled mechanisms; or (D) various other mechanisms, or combinations of mechanisms, that the Under Secretary determines can verifiably demonstrate with significant confidence that the covered integrated circuit product has not been illegally diverted to a destination of concern. (3) Covered integrated circuit product.-- (A) In general.--The term ``covered integrated circuit product'' means a certain integrated circuit, computer, or other product classified under Export Control Classification Number 3A090, 4A090, 5A002.z, related .z Export Control Classification Numbers, or other functionally equivalent or substantially similar items. (B) Modification.--The Under Secretary shall routinely modify the definition of the term ``covered integrated circuit product'' under subparagraph (A) for the purposes of this subtitle to ensure only integrated circuits, computers, electronic assembly, or components designed or marketed for datacenter use are subject to the requirements of this subtitle. (C) 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; (ii) microprocessor microcircuits, such as central processing units, that are not graphics processing units or similar products; or (iii) network switch integrated circuits whose dominant function is routing traffic over a computing network. (4) Destination of concern.--The term ``destination of concern'' means-- (A) a country subject to a United States arms embargo as described in section 126.1 of title 22, Code of Federal Regulations; or (B) any other country determined by the Under Secretary. (5) Export, in-country transfer, and reexport.--The terms ``export'', ``in-country transfer'', and ``reexport'' have the meanings given those terms in section 1742 of the Export Control Reform Act of 2018 (50 U.S.C. 4801). (6) Under secretary.--The term ``Under Secretary'' means the Under Secretary of Commerce for Industry and Security.

SEC. 1097. RULES OF CONSTRUCTION.

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