S 3374 SAFE Chips Act of 2025

Summary

Amends the Export Control Reform Act of 2018 to prohibit issuing licenses for exporting, reexporting, or transferring advanced integrated circuits to foreign adversaries.

Requires the Secretary to deny applications for such licenses specifically to countries or entities headquartered in foreign adversary countries.

Excludes advanced integrated circuits not designed or marketed for data centers from this prohibition.

Defines 'advanced integrated circuit' based on specific technical parameters, including processing performance and bandwidth metrics.

Allows the Secretary to update these technical parameters with majority approval from the End-User Review Committee, and requires briefing Congressional committees prior to these updates.

Specifies that 'foreign adversary country' includes certain United States Code countries and regions like Macau and Hong Kong.

Mandates assessment of how modifications affect China's AI capabilities and U.S. computing advantage.

Prohibits issuing licenses for export, reexport, or in-country transfer of advanced integrated circuits to foreign adversaries.

A BILL

To amend the Export Control Reform Act of 2018 to prohibit the issuance of licenses for the export, reexport, or in-country transfer of advanced integrated circuits to or in foreign adversaries.

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 ``Secure and Feasible Exports of Chips Act of 2025'' or the ``SAFE Chips Act of 2025''.

Requires a license for exporting advanced integrated circuits to foreign adversaries, denying such license applications.

SEC. 2. CONTROL OF EXPORTS OF ADVANCED INTEGRATED CIRCUITS.

Part I of 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 ADVANCED INTEGRATED CIRCUITS.

``(a) License Requirement.--On and after the date of the enactment of this section, the Secretary shall--

``(1) require a license for the export, reexport, or in- country transfer of an advanced integrated circuit--

``(A) to or in a foreign adversary country; or

``(B) to an entity located in any country if the entity, or the ultimate parent company of the entity, has its headquarters in a foreign adversary country; and

``(2) deny any application for such a license.

``(b) Exclusion.--Subsection (a) shall not apply to an advanced integrated circuit or product containing such a circuit that is not designed or marketed for data centers.

Defines 'advanced integrated circuit' by specific processing and bandwidth performance metrics and export classification numbers.

``(c) Definitions.--In this section:

``(1) Advanced integrated circuit.--

``(A) In general.--Subject to subparagraphs (B) and (C), the term `advanced integrated circuit' means--

``(i) an integrated circuit, computer, or other product--

``(I) classified under Export Control Classification Number 3A090 or 4A090 or a related Export Control Classification Number; 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 one 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;

``(IV) a total DRAM bandwidth of 4,100 gigabytes per second or more;

``(V) an interconnect bandwidth of 1,100 gigabytes per second or more; or

``(VI) a combination of DRAM bandwidth and interconnect bandwidth of 5,000 gigabytes per second or more.

Authorizes the Secretary to modify technical parameters for 'advanced integrated circuit' definition after End-User Review Committee approval.

``(B) Authority to update technical parameters.-- Beginning 30 months after the date of the enactment of this section, subject to subparagraph (C), and after approval by a majority vote of the End-User Review Committee, the Secretary may modify the technical parameters for the definition of `advanced integrated circuit' for purposes of this section through a notice in the Federal Register.

Requires the Secretary to brief Congress on modifications affecting Chinese AI firms and U.S. computational advantage.

``(C) Briefing required.--Not later than 30 days before any modification to the definition of `advanced integrated circuit' under subparagraph (B) is published in the Federal Register, the Secretary shall provide a briefing to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Foreign Affairs of the House of Representatives that includes--

``(i) a description of the planned modification;

``(ii) the date that the planned modification is expected to be published in the Federal Register;

``(iii) a detailed justification for why the planned modification is in the national interest of the United States;

``(iv) an assessment of how the planned modification and resulting sales to the People's Republic of China would--

``(I) affect the capabilities of leading Chinese artificial intelligence firms; and

``(II) alter the military, cyber, or other offensive capabilities of the People's Republic of China; and

``(v) an analysis of how and to what extent the United States will continue to maintain an advantage in computing relative to the People's Republic of China.

Defines "foreign adversary country" per 10 U.S.C. §4872(f)(2); includes Macau and Hong Kong, China.

``(2) Foreign adversary country.--The term `foreign adversary country'--

``(A) means a country specified in section 4872(f)(2) of title 10, United States Code; and

``(B) includes the Macau Special Administrative Region and the Hong Kong Special Administrative Region of the People's Republic of China.

``(3) 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 set forth in Supplement No. 1 to part 774 of the Export Administration Regulations (as in effect on the day before the date of the enactment of this section).''.