Rep. Bera Introduces Legislation to Require Congressional Approval Before Sale of Any Advanced AI Chips to China

Washington, D.C. — Representative Ami Bera, M.D. (CA-06), Ranking Member of the House Foreign Affairs Subcommittee on East Asia and the Pacific, introduced legislation alongside Representative Raja Krishnamoorthi (IL-08), Ranking Member of the Select Committee on the Chinese Communist Party (CCP), to prevent artificial intelligence (AI) semiconductors from reaching the People’s Republic of China (PRC) unless both the Executive Branch and Congress explicitly approve the transaction. 

The legislation creates a thorough, national-security-driven review and places the approval of Congress squarely in the mix for any exports under consideration to the PRC. 

Representatives Bera and Krishnamoorthi introduced this legislation in direct response to President Trump’s recent announcement that he is open to permitting exports of downgraded versions of NVIDIA’s advanced Blackwell series chips to China. Even “downgraded” chips could accelerate Beijing’s ability to build AI supercomputers, threatening U.S. technological leadership and national security. By requiring congressional approval, the legislation ensures that these critical decisions will not be made unilaterally or traded away in backroom deals, but will instead undergo transparent and rigorous scrutiny consistent with America’s security interests.

“Decisions about exporting our most advanced AI chips shouldn’t be made unilaterally behind closed doors,” said Representative Bera. “This bill reasserts Congress’ authority and ensures that any such transfer to the People’s Republic of China is subject to full scrutiny. Our national security demands a deliberate and lawful process, not ad hoc deals that risk handing over our technological edge to the PRC.”

“For years, the Chinese Communist Party has treated America’s cutting-edge chips like an all-you-can-eat buffet, fueling surveillance, military modernization, and influence campaigns,” said Representative Krishnamoorthi. “This bill puts an end to that practice. If an advanced AI chip is headed to the PRC, the U.S. government must prove that its export to China serves our national security. Either Congress says ‘yes,’ or it doesn’t go at all.”

Bill Summary 

• Requires dual approval for any export, reexport, or transfer of an advanced AI semiconductor to the PRC: (1) approval by the Secretary of Commerce after an interagency review with the Director of National Intelligence, the Secretaries of Defense, Energy, and State; and (2) enactment of a joint resolution of Congress approving the specific transaction.
• Mandates national-security review factors, including impacts on U.S. national security and technological leadership; risks of enabling PRC military applications or human rights abuses; availability of comparable technology from other sources; and economic impacts on U.S. companies and workers.
• Requires transparency to Congress via a detailed report on the chip, the intended Chinese recipient and use, the analysis conducted, and the basis for any approval.
• Provides narrow exceptions for humanitarian purposes, U.S. diplomatic/consular operations in the PRC, and returns for repair or replacement of previously lawful exports.
• Includes a three-year sunset to allow Congress to revisit and refine the regime as technology and threats evolve.

Definition of “Advanced AI Semiconductor” 

A chip is covered if it exceeds any of the following thresholds: total processing performance above 2,400 or performance density of 1.6 or higher; DRAM bandwidth above 4,100 GB/s; interconnect bandwidth above 1,100 GB/s; or combined DRAM + interconnect bandwidth above 5,100 GB/s.

Read the full text of the legislation here.