A bill to prohibit and require notifications with respect to certain investments by United States persons in the People's Republic of China, and for other purposes.

Prohibits U.S. persons from investing in certain prohibited technologies in China. Requires transactions in notifiable technologies to be reported. Allows for exemptions with Congressional notification. Imposes penalties for violations. Formulates a strategy for multilateral engagement to prevent proliferation.

  • Authority: United States Congress
  • Parent authority: Federal government
  • Jurisdiction: United States
  • Collections: U.S. federal laws
  • Most recent activity: Defunct
  • Most recent activity date: 2025-01-03

Risk subdomain coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the risk subdomain are explicitly described.

  • Disinformation, surveillance, and influence at scale
  • Cyberattacks, weapon development or use
  • Competitive dynamics
  • Governance failure
  • AI possessing dangerous capabilities

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the risk subdomain are described.

  • AI system security vulnerabilities

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document primarily addresses competitive dynamics (6.4) through regulation of strategic technology competition with China, and governance failure prevention (6.5) through establishment of regulatory frameworks. It also covers AI system security vulnerabilities (2.2) and dangerous capabilities (7.2) by restricting investment in advanced AI and semiconductor technologies that could enhance military or surveillance capabilities. Coverage focuses on preventing malicious actor risks (4.1, 4.2) through technology proliferation controls.

Sector coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the sector are explicitly described.

  • Information
  • Scientific Research & Development Services
  • National Security

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the sector are described.

  • Agriculture, Mining, Construction & Manufacturing
  • Finance & Insurance
  • Real Estate, Rental & Leasing
  • Professional & Technical Services

All other sectors had no coverage in this document.

Sectors Summary

This bill primarily governs the Information sector (AI development, semiconductors, telecommunications), Scientific Research and Development Services (quantum computing, AI research), and Professional and Technical Services (investment firms, venture capital). It also has significant coverage of National Security through restrictions on military and intelligence applications of AI technologies.

Legislative Status

Hard Law

Legislative Status Summary

This is a binding legislative bill with mandatory prohibitions, civil penalties up to $250,000 or twice the transaction value, enforcement mechanisms including divestment authority, and regulatory oversight by the Secretary of the Treasury.

Actors

Proposer

  • Entity Types: AI_Governance_Actor
  • Summary: The document is explicitly titled 'A BILL' and states 'Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled', indicating Congressional authorship and proposal.

Target

  • Entity Types: AI_Developer, AI_Infrastructure_Provider, AI_Deployer
  • Summary: The bill explicitly targets 'United States persons' who engage in covered national security transactions involving AI development, semiconductor fabrication, quantum computing, and related technologies with Chinese entities. This includes developers of AI models, semiconductor manufacturers, and technology deployers.

Enforcer

  • Entity Types: AI_Governance_Actor
  • Summary: The Secretary of the Treasury is designated as the primary enforcement authority with power to prohibit transactions, impose penalties, and compel divestment. The Attorney General can seek judicial relief, and the President has waiver authority and can direct enforcement actions.

Monitor

  • Entity Types: AI_Governance_Actor
  • Summary: The Secretary of the Treasury is required to monitor compliance through notification review, establish processes to identify non-notified transactions, and submit annual reports to Congress. Congressional committees receive testimony and reports for oversight purposes.

AI Lifecycle Stages

Lifecycle stages covered by the documents, as defined in the OECD Framework for the Classification of AI Systems

  • Plan and Design
  • Build and Use Model
  • Deploy
  • Operate and Monitor

AI Lifecycle Summary

The document covers multiple AI lifecycle stages with primary focus on Build and Use Model (through restrictions on AI model development with compute thresholds), Deploy (through notification requirements for deployment of AI systems), and Operate and Monitor (through ongoing reporting and multilateral coordination). It also addresses Plan and Design through restrictions on design automation software and electronic design automation tools.

Technical Scope

Terms relating to technical scope that are mentioned or implicitly referenced in the document

  • AI Models
  • Frontier AI
  • AI Systems
  • Compute Threshold

Technical Scope Summary

The document explicitly covers AI models and AI systems with specific compute thresholds (10^25 FLOPs for prohibited technology, 10^23 FLOPs for notifiable technology). It addresses advanced/frontier AI through high compute thresholds and military/surveillance applications. The document does not explicitly use terms like 'general purpose AI', 'foundation models', or 'generative AI' but covers these implicitly through compute thresholds and capability descriptions. It does not mention open-weight models.

https://www.congress.gov/bill/118th-congress/senate-bill/5598/text
https://agora.eto.tech/instrument/1891
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Document data from AGORA, CSET Emerging Technology Observatory.