Sec. 4. Requirements for security mechanisms for export of integrated circuit products
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Not later than 180 days after the date of the enactment of this Act, the Secretary shall require any covered integrated circuit product to be outfitted with chip security mechanisms that implement location verification, using techniques that are feasible and appropriate on such date of enactment, before it is exported, reexported, or in-country transferred to or in a foreign country. Not later than 180 days after the date of the enactment of this Act, the Secretary shall require any person that has received a license or other authorization under the Export Control Reform Act of 2018 ( 50 U.S.C. 4811 et seq. ) to export, reexport, or in-country transfer a covered integrated circuit product to promptly report to the Under Secretary of Industry and Security, if the person obtains credible information that the product— is in a location other than the location specified in the application for the license or other authorization; has been diverted to a user other than the user specified in the application; or has been subjected to tampering or an attempt at tampering, including efforts to disable, spoof, manipulate, mislead or circumvent location verification mechanisms or other chip security mechanisms.
Not later than one year after the date of the enactment of this Act, the Secretary shall, in coordination with the Secretary of Defense— conduct an assessment to identify what additional mechanisms, if any, should be added to the primary chip security mechanisms required under subsection (a)(1)— to enhance compliance with the requirements of the Export Control Reform Act of 2018; to prevent, hinder, and detect the unauthorized use, access, or exploitation of covered integrated circuit products; to identify and monitor smuggling intermediaries; and to achieve any national security or foreign policy objective of the United States that the Secretary considers appropriate; and if the Secretary identifies any such mechanism, develop requirements for outfitting covered integrated circuit products with that mechanism.
The assessment required by paragraph
(1)shall include— an examination of the feasibility, reliability, and effectiveness of— methods and strategies that prevent the tampering, disabling, or other manipulating of covered integrated circuit products; workload verification methods; methods to modify the functionality of covered integrated circuit products that have been illicitly acquired; and any other method the Secretary determines appropriate for the prevention of unauthorized use, access, or exploitation of covered integrated circuit products; an analysis of— the potential costs associated with implementing each method examined under clause (i), including an analysis of— the potential impact of the method on the performance of covered integrated circuit products; and the potential for the introduction of new vulnerabilities into the products; the potential benefits of implementing the methods examined under clause (i), including an analysis of the potential increase— in compliance of covered integrated circuit products with the requirements of the Export Control Reform Act of 2018; and in detecting, hindering, and preventing unauthorized use, access, or exploitation of the products; and the susceptibility of the methods examined under clause
(i)to tampering, disabling, or other forms of manipulation; and an estimate of the expected costs to implement at-scale methods to tamper with, disable, or manipulate a covered integrated circuit product, or otherwise circumvent the methods examined under clause (i). Not later than one year after the date of the enactment of this Act, the Secretary, in coordination with the Secretary of Defense, shall submit to the appropriate congressional committees a report on the results of the assessment required by paragraph (1), including— an identification of the chip security mechanisms, if any, to be included in the requirements for secondary chip security mechanisms; and if applicable, a roadmap for the timely implementation of the secondary chip security mechanisms. The report required by paragraph
(1)shall be submitted in unclassified form, but may include a classified annex. If any mechanisms are determined by the Secretary to be appropriate, the Secretary shall, not later than 2 years after the date on which the Secretary completes the assessment required by paragraph (1), require any covered integrated circuit product to be outfitted with the secondary chip security mechanisms identified pursuant to paragraph (1)(A) before the product is exported, reexported, or in-country transferred to or in a foreign country. In implementing requirements for secondary chip security mechanisms under subparagraph (A), the Secretary shall prioritize confidentiality. In carrying out this section, the Secretary may— verify, in a manner the Secretary determines appropriate, the ownership and location of a covered integrated circuit product that has been exported, reexported, or in-country transferred to or in a foreign country; maintain a record of covered integrated circuit products and include in the record the location and current end-user of each such product; and require any person who has been granted a license or other authorization under the Export Control Reform Act of 2018 to export, reexport, or in-country transfer a covered integrated circuit product to provide the information needed to maintain the record. Not later than 2 years after the date of the enactment of this Act, and annually thereafter for 3 years, the Secretary shall— in coordination with the Secretary of Defense, conduct an assessment of new chip security mechanisms that have been developed in the year preceding the date of the assessment; and submit to the appropriate congressional committees a report that includes— a summary of the results of the assessment required by paragraph (1); an evaluation of whether any of the new mechanisms assessed under paragraph
(1)should be added to or replace any of the existing requirements for secondary chip security mechanisms developed under subsection (b)(1); and any recommendations for modifications to relevant export controls to allow for more flexibility with respect to the countries to or in which covered integrated circuit products may be exported, reexported, or in-country transferred if the products include chip security mechanisms that meet the requirements developed under subsection (b)(1).
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Sec. 4
Requirements for security mechanisms for export of integrated circuit products
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