This bill establishes a comprehensive framework to control the export of advanced artificial intelligence (AI) hardware to foreign adversaries. Its core policy is to maintain U.S. leadership in AI, ensure adversaries remain reliant on U.S. and allied supply chains, and prevent them from indigenously producing or accumulating AI hardware that approaches parity with U.S. capabilities. This is achieved through a systematic and repeatable process for assessing adversary AI hardware capabilities and setting export control thresholds. The Act mandates the Secretary of Commerce and the Director of National Intelligence to establish and publicly release objective performance metrics within 180 days. These metrics will measure the capability of AI hardware indigenously produced by "entities of concern," their aggregate production relative to demand, and the total AI hardware located within or controlled by these entities. Key metrics include total processing power, interconnect bandwidth, and memory capacity bandwidth. Based on these assessments, the Secretary must annually set an upper limit for AI hardware exports, including remote access, to entities of concern. This limit is generally set at 110% of the performance of the most capable AI hardware item that meets a significant indigenous production threshold (25% of estimated annual demand). If no indigenous item meets this threshold, a policy of denial applies to all exports. Additionally, a presumption of denial applies if an export would cause the aggregate amount of adversary AI hardware to exceed 5% of the total AI hardware in the United States. For licenses reviewed on other than a presumption of denial basis, applicants must certify several conditions. These include ensuring no delay in fulfilling U.S. orders, limiting the aggregate processing performance of exported hardware to 50% of that shipped to U.S. customers, and verifying that items are not for military or weapons of mass destruction end-use. Independent third-party testing and strict controls on remote access and model weight transfers are also required to prevent misuse by prohibited parties.
Referred to the Committee on Foreign Affairs, and in addition to the Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
SCALE Act
USA119th CongressHR-8306| House
| Updated: 4/15/2026
This bill establishes a comprehensive framework to control the export of advanced artificial intelligence (AI) hardware to foreign adversaries. Its core policy is to maintain U.S. leadership in AI, ensure adversaries remain reliant on U.S. and allied supply chains, and prevent them from indigenously producing or accumulating AI hardware that approaches parity with U.S. capabilities. This is achieved through a systematic and repeatable process for assessing adversary AI hardware capabilities and setting export control thresholds. The Act mandates the Secretary of Commerce and the Director of National Intelligence to establish and publicly release objective performance metrics within 180 days. These metrics will measure the capability of AI hardware indigenously produced by "entities of concern," their aggregate production relative to demand, and the total AI hardware located within or controlled by these entities. Key metrics include total processing power, interconnect bandwidth, and memory capacity bandwidth. Based on these assessments, the Secretary must annually set an upper limit for AI hardware exports, including remote access, to entities of concern. This limit is generally set at 110% of the performance of the most capable AI hardware item that meets a significant indigenous production threshold (25% of estimated annual demand). If no indigenous item meets this threshold, a policy of denial applies to all exports. Additionally, a presumption of denial applies if an export would cause the aggregate amount of adversary AI hardware to exceed 5% of the total AI hardware in the United States. For licenses reviewed on other than a presumption of denial basis, applicants must certify several conditions. These include ensuring no delay in fulfilling U.S. orders, limiting the aggregate processing performance of exported hardware to 50% of that shipped to U.S. customers, and verifying that items are not for military or weapons of mass destruction end-use. Independent third-party testing and strict controls on remote access and model weight transfers are also required to prevent misuse by prohibited parties.
Referred to the Committee on Foreign Affairs, and in addition to the Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.