II
119THCONGRESS
1
STSESSION S. 321
To amend title 18, United States Code, to prohibit United States persons
from advancing artificial intelligence capabilities within the People’s Re-
public of China, and for other purposes.
IN THE SENATE OF THE UNITED STATES
JANUARY29, 2025
Mr. H
AWLEYintroduced the following bill; which was read twice and referred
to the Committee on the Judiciary
A BILL
To amend title 18, United States Code, to prohibit United
States persons from advancing artificial intelligence capa-
bilities within the People’s Republic of China, and for
other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Decoupling America’s 4
Artificial Intelligence Capabilities from China Act of 5
2025’’. 6
SEC. 2. DEFINITIONS. 7
In this Act: 8
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(1) ARTIFICIAL INTELLIGENCE ; GENERATIVE 1
ARTIFICIAL INTELLIGENCE .—The terms ‘‘artificial 2
intelligence’’ and ‘‘generative artificial intelligence’’ 3
have the meanings given those terms in section 2741 4
of title 18, United States Code, as added by section 5
3. 6
(2) A
RTIFICIAL INTELLIGENCE OR GENERATIVE 7
ARTIFICIAL INTELLIGENCE TECHNOLOGY OR INTEL -8
LECTUAL PROPERTY .—The term ‘‘artificial intel-9
ligence or generative artificial intelligence technology 10
or intellectual property’’ means technology or intel-11
lectual property that could be used to contribute to 12
artificial intelligence or generative artificial intel-13
ligence capabilities. 14
(3) C
HINESE ENTITY OF CONCERN .—The term 15
‘‘Chinese entity of concern’’ has the meaning given 16
the term in section 2741 of title 18, United States 17
Code, as added by section 4. 18
(4) I
NTEREST.—The term ‘‘interest’’, with re-19
spect to an entity, includes an interest in the enti-20
ty— 21
(A) held directly or indirectly through any 22
chain of ownership; or 23
(B) held as a derivative financial instru-24
ment or other contractual arrangement with the 25
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entity, including any financial instrument or 1
other contract that seeks to replicate any finan-2
cial return with respect to the entity or an in-3
terest in the entity. 4
(5) M
ILITARY-CIVIL FUSION STRATEGY .—The 5
term ‘‘military-civil fusion strategy’’ means the 6
strategy of the Chinese Communist Party aiming to 7
mobilize non-military resources and expertise for 8
military application, including the development of 9
technology, improvements in logistics, and other uses 10
by the People’s Liberation Army. 11
(6) I
NTELLECTUAL PROPERTY .—The term ‘‘in-12
tellectual property’’ means— 13
(A) any work protected by a copyright 14
under title 17, United States Code; 15
(B) any property protected by a patent 16
granted by the United States Patent and 17
Trademark Office under title 35, United States 18
Code; 19
(C) any word, name, symbol, or device, or 20
any combination thereof, that is registered as a 21
trademark with the United States Patent and 22
Trademark Office under the Act entitled ‘‘An 23
Act to provide for the registration and protec-24
tion of trademarks used in commerce, to carry 25
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out the provisions of certain international con-1
ventions, and for other purposes’’, approved 2
July 5, 1946 (commonly known as the 3
‘‘Lanham Act’’ or the ‘‘Trademark Act of 4
1946’’) (15 U.S.C. 1051 et seq.); or 5
(D) a trade secret (as defined in section 6
1839 of title 18, United States Code). 7
(7) T
ECHNOLOGY.—The term ‘‘technology’’— 8
(A) has the meaning given that term in 9
section 1742 of the Export Control Reform Act 10
of 2018 (50 U.S.C. 4801); and 11
(B) includes— 12
(i) any semiconductor, circuit board, 13
operating system, graphics processing unit, 14
central processing unit, tenor processing 15
unit, field-programmable gate array, ran-16
dom access memory, hard drive, solid-state 17
drive, dataflow architecture, or cloud-com-18
puting service, that is manufactured, de-19
signed, developed, supplied, deployed, com-20
pleted, assembled, restored, converted, or 21
replicated to function artificial intelligence 22
or generative artificial intelligence; and 23
(ii) any other hardware, software, 24
equipment, device, component, robotic, 25
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computer, processor, network, machine, ac-1
celerator, circuit, storage, system or sub-2
system, server, or related good, tool, or 3
service, that is manufactured, designed, de-4
veloped, supplied, deployed, completed, as-5
sembled, restored, converted, or replicated 6
to function artificial intelligence or genera-7
tive artificial intelligence. 8
(8) T
ERMS FROM EXPORT CONTROL REFORM 9
ACT OF 2018.—The terms ‘‘export’’, ‘‘in-country 10
transfer’’, and ‘‘reexport’’ have the meanings given 11
those terms in section 1742 of the Export Control 12
Reform Act of 2018 (50 U.S.C. 4801). 13
(9) U
NITED STATES PERSON .—The term 14
‘‘United States person’’ has the meaning given the 15
term in section 2741 of title 18, United States Code, 16
as added by section 4. 17
SEC. 3. PROHIBITIONS ON IMPORT AND EXPORT OF ARTIFI-18
CIAL INTELLIGENCE OR GENERATIVE ARTIFI-19
CIAL INTELLIGENCE TECHNOLOGY OR INTEL-20
LECTUAL PROPERTY. 21
(a) P
ROHIBITION ONIMPORTATION.—On and after 22
the date that is 180 days after the date of the enactment 23
of this Act, the importation into the United States of arti-24
ficial intelligence or generative artificial intelligence tech-25
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nology or intellectual property developed or produced in 1
the People’s Republic of China is prohibited. 2
(b) P
ROHIBITION ON EXPORT.—On and after the 3
date that is 180 days after the date of the enactment of 4
this Act, the export, reexport, or in-country transfer of 5
artificial intelligence or generative artificial intelligence 6
technology or intellectual property to or within the Peo-7
ple’s Republic of China is prohibited. 8
(c) P
ENALTIES.— 9
(1) C
RIMINAL.—A person who willfully com-10
mits, willfully attempts to commit, or willfully con-11
spires to commit, or aids and abets in the commis-12
sion of, the violation of a prohibition under sub-13
section (a) or (b) shall be subject to the criminal 14
penalties set forth in subsection (b) of section 1760 15
of the Export Control Reform Act of 2018 (50 16
U.S.C. 4819) to the same extent as a person who 17
willfully commits, willfully attempts to commit, or 18
willfully conspires to commit, or aids and abets in 19
the commission of an unlawful act described in sub-20
section (a) of that section. 21
(2) C
IVIL.—A person who violates a prohibition 22
under subsection (a) or (b) or any regulation, order, 23
or license issued to carry out any such prohibition 24
shall be subject to a civil penalty set forth in section 25
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1760(c) of the Export Control Reform Act of 2018 1
(50 U.S.C. 4819(c)) for each such violation to the 2
same extent as a person who commits a violation de-3
scribed in that section. 4
(d) R
EGULATIONS.—Not later than 90 days after the 5
date of enactment of this Act, the Secretary of Commerce 6
shall issue regulations implementing this section. 7
SEC. 4. ARTIFICIAL INTELLIGENCE RESEARCH AND DEVEL-8
OPMENT. 9
(a) I
NGENERAL.—Part I of title 18, United States 10
Code, is amended by adding at the end the following: 11
‘‘CHAPTER 124—RESEARCH AND DEVEL-12
OPMENT THAT BENEFITS THE PEO-13
PLE’S REPUBLIC OF CHINA 14
‘‘§ 2741. Definitions 15
‘‘In this chapter: 16
‘‘(1) A
RTIFICIAL INTELLIGENCE .—The term 17
‘artificial intelligence’— 18
‘‘(A) has the meaning given the term in 19
section 238(g) of the John S. McCain National 20
Defense Authorization Act for Fiscal Year 2019 21
(10 U.S.C. note prec. 4061; Public Law 115– 22
232); and 23
‘‘(B) includes— 24
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‘‘(i) an artificial or automated sys-1
tem— 2
‘‘(I) that performs tasks under 3
varying and unpredictable cir-4
cumstances without significant human 5
oversight; 6
‘‘(II) that can learn from experi-7
ence and improve performance when 8
exposed to data sets; 9
‘‘(III) developed in computer 10
software, physical hardware, or an-11
other context that solves tasks requir-12
ing human-like perception, cognition, 13
planning, learning, communication, or 14
physical action; 15
‘‘(IV) designed to think or act 16
like a human, including through cog-17
nitive architectures or neural net-18
works; 19
‘‘(V) that has or is derived from 20
a set of techniques, including machine 21
learning, statistics, or other data 22
processing or artificial intelligence 23
techniques, that is designed to approx-24
imate a cognitive task; 25
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‘‘(VI) designed to act rationally, 1
including through an intelligent soft-2
ware agent or embodied robot that 3
achieves goals using perception, plan-4
ning, reasoning, learning, commu-5
nicating, decision-making, and acting; 6
or 7
‘‘(VII) that is intended to or ca-8
pable of interacting with humans, de-9
tecting human emotions, determining 10
associations with social categories 11
based on biometric data, or generating 12
or manipulating image, audio, video, 13
or related material; and 14
‘‘(ii) any other artificial or automated 15
system, software, or process that uses com-16
putation as whole or part of a system to 17
determine outcomes, make or aid decisions, 18
inform policy implementation, collect data 19
or observations, or otherwise interact with 20
humans or communities of humans. 21
‘‘(2) C
ONTROL.—The term ‘control’ has the 22
meaning given the term in section 800.208 of title 23
31, Code of Federal Regulations (as in effect on the 24
date of enactment of this Act). 25
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‘‘(3) CORPORATION.—The term ‘corporation’— 1
‘‘(A) means an entity with the business 2
structure of a corporation, a company, a limited 3
liability company, a limited partnership, a busi-4
ness trust, a business association, or another 5
similar entity; and 6
‘‘(B) includes any subsidiary or branch of 7
an entity described in subparagraph (A) tied to 8
an entity described in subparagraph (A) 9
through a series of contracts. 10
‘‘(4) D
EVELOPMENT.—The term ‘development’ 11
means creative and systematic work that draws upon 12
knowledge gained from research and practical expe-13
rience, which— 14
‘‘(A) is directed toward the production of 15
new products or processes or improving existing 16
products or processes; and 17
‘‘(B) like research, results in gaining addi-18
tional knowledge. 19
‘‘(5) E
NTITY OF CONCERN .—The term ‘entity 20
of concern’ means— 21
‘‘(A) an institution of education, including 22
a college and university, organized under the 23
laws of the People’s Republic of China; 24
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‘‘(B) a research institution, research lab, 1
or research and development center organized 2
under the laws of the People’s Republic of 3
China; 4
‘‘(C) any corporation— 5
‘‘(i) that is organized under the laws 6
of the People’s Republic of China; 7
‘‘(ii) that is headquartered in the Peo-8
ple’s Republic of China; 9
‘‘(iii) that has its principal place of 10
business in the People’s Republic of China; 11
or 12
‘‘(iv) the equity securities of which are 13
primarily traded on not less than 1 ex-14
change based within the People’s Republic 15
of China; and 16
‘‘(D) the Government of the People’s Re-17
public of China (as defined in section 204 of 18
the U.S.-China Relations Act of 2000 (22 19
U.S.C. 6903)) and any governmental depart-20
ment, agency, ministry, research institution, re-21
search lab, research and development center, or 22
any other entity, subdivision, or affiliate of the 23
People’s Republic of China, the Chinese Com-24
munist Party, or the People’s Liberation Army. 25
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‘‘(6) FEDERAL AGENCY .—The term ‘Federal 1
agency’ means a department, an independent estab-2
lishment, a commission, an administration, an au-3
thority, a board or bureau of the United States, a 4
corporation in which the United States has a propri-5
etary interest, or any other agency of the executive 6
branch of the Federal Government. 7
‘‘(7) F
EDERAL FINANCIAL ASSISTANCE .—The 8
term ‘Federal financial assistance’ means a grant, 9
loan, or contribution provided by the Federal Gov-10
ernment. 11
‘‘(8) G
ENERATIVE ARTIFICIAL INTEL -12
LIGENCE.—The term ‘generative artificial intel-13
ligence’ means an artificial intelligence system that 14
is capable of generating novel text, video, images, 15
audio, or other media based on prompts or other 16
forms of data provided by an individual. 17
‘‘(9) P
EOPLES’S REPUBLIC OF CHINA .—The 18
term ‘People’s Republic of China’ includes Hong 19
Kong and Macau. 20
‘‘(10) R
ESEARCH.—The term ‘research’— 21
‘‘(A) means a systematic study directed to-22
ward fuller scientific knowledge or under-23
standing of a subject studied; and 24
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‘‘(B) includes activities involving the train-1
ing of individuals in research techniques if such 2
activities— 3
‘‘(i) use the same facilities as other 4
research and development activities; and 5
‘‘(ii) are not included in the instruc-6
tion function. 7
‘‘(11) R
ESEARCH AND DEVELOPMENT .—The 8
term ‘research and development’ means a basic or 9
applied research activity and a development activity. 10
‘‘(12) S
TATE.—The term ‘State’ means each of 11
the several States of the United States. 12
‘‘(13) T
ERRITORY.—The term ‘territory’ 13
means— 14
‘‘(A) the District of Columbia; 15
‘‘(B) the Commonwealth of Puerto Rico; 16
‘‘(C) the United States Virgin Islands; 17
‘‘(D) Guam; 18
‘‘(E) the Commonwealth of the Northern 19
Mariana Islands; and 20
‘‘(F) American Samoa. 21
‘‘(14) U
NITED STATES PERSON .—The term 22
‘United States person’— 23
‘‘(A) has the meaning given the term in 24
section 1711 of the National Defense Author-25
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ization Act for Fiscal Year 1993 (22 U.S.C. 1
6010); and 2
‘‘(B) includes— 3
‘‘(i) a corporation that is incorporated 4
or organized under Federal law or the laws 5
of a State or territory; 6
‘‘(ii) an institution of education, in-7
cluding a college and university, organized 8
under Federal law or the laws of a State 9
or territory; 10
‘‘(iii) a research institution organized 11
under Federal law or the laws of a State 12
or territory; 13
‘‘(iv) a person that is— 14
‘‘(I) a protected individual (as 15
defined in section 274B(a)(3) of the 16
Immigration and Nationality Act (8 17
U.S.C. 1324b(a)(3), wherever located 18
or employed; and 19
‘‘(II) an alien who has been ad-20
mitted to the United States as a law-21
ful permanent resident; and 22
‘‘(v) a person or corporation con-23
trolled by an individual or entity described 24
in this paragraph. 25
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‘‘§ 2742. Unlawful acts 1
‘‘(a) R
ESEARCH AND DEVELOPMENT.—A United 2
States person may not intentionally conduct, attempt or 3
conspire to conduct, or aid and abet in conducting re-4
search or development of artificial intelligence or genera-5
tive artificial intelligence— 6
‘‘(1) within the People’s Republic of China; 7
‘‘(2) for an entity of concern; 8
‘‘(3) on behalf of an entity of concern; 9
‘‘(4) in collaboration with an entity of concern; 10
‘‘(5) for a national of the People’s Republic of 11
China working for or on behalf of an entity of con-12
cern; 13
‘‘(6) on behalf of a national of the People’s Re-14
public of China working for or on behalf of an entity 15
of concern; or 16
‘‘(7) in collaboration with a national of the Peo-17
ple’s Republic of China working for, or on behalf of, 18
an entity of concern. 19
‘‘(b) T
RANSFER OF RESEARCH.—A United States 20
person may not intentionally transfer, attempt or conspire 21
to transfer, or aid and abet in transferring information 22
relating to research of artificial intelligence or generative 23
artificial intelligence— 24
‘‘(1) within the People’s Republic of China; 25
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‘‘(2) directly to or from the People’s Republic 1
of China; 2
‘‘(3) for an entity of concern; 3
‘‘(4) on behalf of an entity of concern; 4
‘‘(5) directly to or from an entity of concern; 5
‘‘(6) for a national of the People’s Republic of 6
China working for or on behalf of an entity of con-7
cern; 8
‘‘(7) on behalf of a national of the People’s Re-9
public of China working for or on behalf of an entity 10
of concern; or 11
‘‘(8) directly to or from a national of the Peo-12
ple’s Republic of China working for or on behalf of 13
an entity of concern. 14
‘‘§ 2743. Penalties 15
‘‘(a) F
INES; FORFEITURE.— 16
‘‘(1) E
NTITIES.— 17
‘‘(A) I
N GENERAL.—A United States per-18
son that violates section 2742 that is not an in-19
dividual shall— 20
‘‘(i) be fined not more than 21
$100,000,000; and 22
‘‘(ii) forfeit any license, contract, sub-23
contract, grant, or public benefit awarded 24
by any Federal agency. 25
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‘‘(B) ASSOCIATES OF ENTITIES.—An offi-1
cer, director, partner, agent, or employee that 2
violates section 2742 shall— 3
‘‘(i) be fined not more than 4
$1,000,000; and 5
‘‘(ii) forfeit any license, contract, sub-6
contract, grant, or public benefit awarded 7
by any Federal agency. 8
‘‘(2) I
NDIVIDUALS.—A United States person 9
who is an individual that violates section 2742 10
shall— 11
‘‘(A) be fined not more than $1,000,000; 12
and 13
‘‘(B) forfeit any license, contract, sub-14
contract, grant, or public benefit awarded by 15
any Federal agency. 16
‘‘(b) I
NELIGIBILITY FORFEDERALFINANCIALAS-17
SISTANCE.—A United States person that violates section 18
2742 shall be ineligible to receive Federal financial assist-19
ance during the 5-year period beginning on the date on 20
which a penalty is imposed under subsection (a). 21
‘‘(c) C
IVILPENALTIES.— 22
‘‘(1) C
IVIL ACTION.—With respect to a United 23
States person that violates section 2742, the United 24
States may bring a civil action against the United 25
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States person in any district court of the United 1
States in which the United States person resides, is 2
found, or has an agent, without respect to the 3
amount in controversy. 4
‘‘(2) D
AMAGES.—In a civil suit brought under 5
paragraph (1) against a United States person, the 6
United States shall be entitled— 7
‘‘(A) to— 8
‘‘(i) relief in equity to restrain and 9
prevent a violation or threat of violation of 10
section 2742; and 11
‘‘(ii) other appropriate equitable relief; 12
‘‘(B) to relief in damages for— 13
‘‘(i) punitive and nominal damages; 14
‘‘(ii) three times the amount of dam-15
ages sustained by the United States as a 16
result of the violation; and 17
‘‘(iii) three times the cost of the civil 18
action, including reasonable attorney’s 19
fees; 20
‘‘(C) to a civil fine of not more than 21
$100,000,000 if the United States person is not 22
an individual; and 23
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‘‘(D) to a civil fine of not more than 1
$1,000,000 if the United States person is an 2
individual’’. 3
(b) C
ITIZENSHIP AND IMMIGRATION CON-4
SEQUENCES.—Section 101(a)(43) of the Immigration and 5
Nationality Act (8 U.S.C. 1101(a)(43)) is amended— 6
(1) in subparagraph (T), by striking ‘‘; and’’ at 7
the end; 8
(2) by redesignating subparagraph (U) as sub-9
paragraph (V); and 10
(3) by inserting after subparagraph (T) the fol-11
lowing: 12
‘‘(U) an offense described in section 2742 13
of title 18, United States Code (relating to re-14
search and development on behalf of the Peo-15
ple’s Republic of China); and’’. 16
(c) C
LERICALAMENDMENT.—The table of sections 17
for part I of title 18, United States Code, is amended by 18
adding at the end the following: 19
‘‘CHAPTER124—RESEARCH AND DEVELOPMENT ON BEHALF OF THE
P
EOPLE’SREPUBLIC OFCHINA
‘‘2741. Definitions.
‘‘2742. Unlawful acts.
‘‘2743. Penalties.’’.
(d) REGULATIONS.—The Attorney General, in con-20
sultation with the Secretary of Defense, the Secretary of 21
Commerce, the Secretary of Education, the Director of 22
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National Intelligence, and the Director of the Federal Bu-1
reau of Investigation, shall— 2
(1) promulgate regulations to enforce the prohi-3
bitions under section 2742 of title 18, United States 4
Code, as added by this Act; and 5
(2) coordinate with the heads of other Federal 6
agencies to ensure the enforcement of the prohibi-7
tions described in paragraph (1). 8
SEC. 5. PROHIBITION ON UNITED STATES PERSONS HOLD-9
ING AN INTEREST IN OR PROVIDING FINANC-10
ING TO CHINESE ENTITIES INVOLVED IN AR-11
TIFICIAL INTELLIGENCE RESEARCH AND DE-12
VELOPMENT. 13
(a) I
NGENERAL.—On and after the date that is one 14
year after the date of the enactment of this Act, a United 15
States person is prohibited from knowingly holding or 16
managing an interest in, or lending money or extending 17
credit to, a Chinese entity of concern that— 18
(1)(A) conducts research or development relat-19
ing to artificial intelligence or generative artificial 20
intelligence; or 21
(B) produces goods, including hardware and 22
software, that incorporate research or development 23
relating to artificial intelligence or generative artifi-24
cial intelligence; and 25
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(2)(A) assists in the implementation of the mili-1
tary-civil fusion strategy of the People’s Republic of 2
China; 3
(B) assists in the development of surveillance 4
capabilities; or 5
(C) is implicated in human rights abuses. 6
(b) I
MPLEMENTATION; PENALTIES.— 7
(1) I
MPLEMENTATION.—The President may ex-8
ercise the authorities provided to the President 9
under sections 203 and 205 of the International 10
Emergency Economic Powers Act (50 U.S.C. 1702 11
and 1704) to the extent necessary to carry out this 12
section. 13
(2) P
ENALTIES.—A person that violates, at-14
tempts to violate, conspires to violate, or causes a 15
violation of this section or any regulation, license, or 16
order issued to carry out this section shall be subject 17
to the penalties set forth in subsections (b) and (c) 18
of section 206 of the International Emergency Eco-19
nomic Powers Act (50 U.S.C. 1705) to the same ex-20
tent as a person that commits an unlawful act de-21
scribed in subsection (a) of that section. 22
Æ
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kjohnson on DSK7ZCZBW3PROD with $$_JOB