A bill making it a federal crime for U.S. persons to advance AI in China — the oldest bill this site tracks, unmoved for over eighteen months
S.321, the Decoupling America Artificial Intelligence Capabilities from China Act of 2025, amends title 18 of the United States Code to prohibit United States persons from advancing artificial intelligence capabilities within the People's Republic of China. It defines the technology and intellectual property covered, Chinese entities of concern, and interests held directly, indirectly or through derivatives.
Bill overview (primary data)
- Bill numberS. 321
- TypeSenate Bill
- Congress119th Congress
- Latest actionRead twice and referred to the Committee on the Judiciary.（2025-01-29）
Key points
- S.321 amends title 18 of the United States Code to prohibit United States persons from advancing artificial intelligence capabilities within China.
- It defines technology or intellectual property broadly as anything that could be used to contribute to AI or generative AI capabilities.
- The definition of interest covers direct and indirect holdings through any chain of ownership as well as derivatives and other contractual arrangements.
- Introduced January 29, 2025, it has remained referred to the Committee on the Judiciary since.
- Of the 120 bills this site holds as of 2026-09-02, 94 (78 percent) remain referred to committee.
1Amending the criminal code
Export controls and investment screening are administered by the executive through regulation. This bill takes a different road, amending title 18 of the United States Code — the criminal code — to place the prohibition there directly. Attaching criminal liability changes the weight of deterrence. As legislation on technology transfer it is a strong instrument.
2Definitions written to close gaps
- 1Technology and intellectual propertyDefined broadly as anything that could be used to contribute to AI or generative AI capabilities
- 2Chinese entity of concernDefined in the new criminal code section the bill adds
- 3Interest, first branchIncludes an interest held directly or indirectly through any chain of ownership
- 4Interest, second branchIncludes an interest held as a derivative financial instrument or other contractual arrangement
The intent shows in how the definitions are written. The definition of interest is particularly wide, catching holdings however many layers of ownership intervene and holdings taken through derivatives or contractual arrangements. It is written to close off structuring through intermediate companies, or obtaining the economic effect without holding shares.
3The oldest, and unmoved
This bill is among the oldest in the records this site tracks and has sat in committee for more than eighteen months since introduction. Bills being introduced is an everyday occurrence, and most stop at committee. The figures say so: 94 sit in that same state. That a bill was introduced shows a debate exists; it does not show that enactment is near.
4What the name declares
Using decoupling in the title signals that the bill aims at separation rather than partial restriction. A title carries no legal effect, but it is the plainest indication of how the sponsor positions the bill.
Why it matters
A definition of interest reaching chains of ownership and derivatives would substantially change the scope for firms with China-related business. That the bill has not moved in over eighteen months is also a gauge of the distance between a bill existing and taking effect.
FAQ
Why amend the criminal code?
Does introduction mean enactment is near?
Sources (primary)
Source: Congress.gov (Library of Congress; U.S. legislative materials, public domain). Links go to the official site.
- Congress.gov (bill page, original)
- S. 321（119th Congress）