Countering Communist China Act, Title I ("Matters Related to Trade, Investment, and Economic Relations"), Sec. 101 ("Preventing Adversaries from Developing Critical Capabilities")

Identify categories of technologies and prohibit certain activities in sectors related to AI development that that poses acute threats to US national security.

  • 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.

  • Competitive dynamics

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

  • AI system security vulnerabilities
  • Disinformation, surveillance, and influence at scale
  • Cyberattacks, weapon development or use
  • AI possessing dangerous capabilities

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document has minimal direct coverage of AI risk subdomains. While it addresses AI as a covered sector for national security purposes, it focuses primarily on investment restrictions and notification requirements rather than specific AI risks. The document has implicit coverage of competitive dynamics (6.4) through its focus on preventing adversaries from developing critical capabilities, and minimal coverage of governance structures (though not governance failures). Most AI risk subdomains are not addressed.

Sector coverage

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

  • Agriculture, Mining, Construction & Manufacturing
  • 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.

  • Professional & Technical Services

All other sectors had no coverage in this document.

Sectors Summary

This document governs multiple high-technology sectors with national security implications. The primary sectors explicitly identified as 'covered sectors' include Information (AI, satellite communication), Scientific Research and Development Services (AI, quantum, biotechnology R&D), and Manufacturing (semiconductors, microelectronics). The governance applies across all economic sectors where U.S. persons might engage in covered activities involving these technologies with countries of concern.

Legislative Status

Hard Law

Legislative Status Summary

This is a binding legislative act from the United States Congress with mandatory obligations, enforcement mechanisms including civil penalties, and explicit delegation of enforcement authority to the President and Attorney General.

Actors

Proposer

  • Entity Types: AI_Governance_Actor
  • Summary: This is a Congressional act proposed by the United States Congress as indicated by the legislative format and structure. The document is titled as an Act and follows standard Congressional legislative format.

Target

  • Entity Types: AI_Developer, AI_Infrastructure_Provider, AI_Deployer
  • Summary: The document explicitly targets United States persons engaging in covered activities in AI and other covered sectors with covered foreign entities in countries of concern. This includes equity investments, joint ventures, technology transfers, and other business relationships.

Enforcer

  • Entity Types: AI_Governance_Actor
  • Summary: The President is granted enforcement authority under the International Emergency Economic Powers Act, with ability to delegate to Federal agencies. The Attorney General is explicitly authorized to seek enforcement through district courts.

Monitor

  • Entity Types: AI_Governance_Actor
  • Summary: The President is required to establish monitoring processes to identify non-notified activities and submit annual reports to Congress. The Secretary of State monitors multilateral coordination efforts. Congressional committees receive regular reports and notifications.

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
  • Verify and Validate
  • Deploy
  • Operate and Monitor

AI Lifecycle Summary

The document does not focus on specific AI lifecycle stages but rather on investment and business activities involving AI technologies. It addresses activities across the entire lifecycle implicitly through its broad coverage of 'production, design, testing, manufacturing, fabrication, or development' and 'research and development' related to AI as a covered sector.

Technical Scope

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

No technical scope terms identified.

Technical Scope Summary

The document explicitly mentions 'Artificial intelligence' as one of the covered sectors but does not provide detailed definitions or distinctions between different types of AI systems, models, or capabilities. It does not reference compute thresholds, frontier AI, general purpose AI, foundation models, or other specific AI technical categories. The focus is on AI as a broad technology sector for national security purposes.

https://www.congress.gov/bill/118th-congress/house-bill/7476
https://agora.eto.tech/instrument/988
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Document data from AGORA, CSET Emerging Technology Observatory.