Congress pressures Huang, Nvidia with December testimony demands

By Rebecca Stone

House and Senate demands put Nvidia and Jensen Huang on notice for testimony from Dec. 1 through Dec. 10, with congressional leaders threatening subpoenas if voluntary appearances fail.

Huang stopped serving as Nvidia's chief executive on Nov. 12, but the Republican chairs said Congress was not finished with him.

Reuters reported that House Foreign Affairs chair Brian Mast, China committee chair John Moolenaar and Intelligence committee chair Rick Crawford want a closed-door, transcribed interview with Huang on Dec. 1 and Nvidia general counsel Tim Teter on Dec. 2.

The letters warned both men to appear "or face subpoenas to compel their appearances." These dates describe demands, not completed hearings.

How did the House demands begin?

The House process began Nov. 4, when Mast, Moolenaar and Crawford asked Huang for a voluntary, closed-door Nov. 18 briefing about Alice Huang and Nvidia's "security protocols against foreign adversary espionage."

Alice Huang, a former Megaspeed executive whom U.S. officials reportedly suspect of working for Chinese intelligence, was the focus. China denies the allegation; Attorney General Todd Blanche said Nov. 12 that the Justice Department had not concluded she was a spy.

Mast said Huang had agreed to brief lawmakers, although the date and venue remained under negotiation. The chairs also requested Teter and asked Commerce Under Secretary Jeffrey Kessler, who oversees export controls, to testify at a Dec. 3 hearing.

The chairs wrote: "There are clear national security concerns that need to be addressed immediately." Newsmax reported that the session would likely be under oath.

Mast said he wanted Huang within about a week and would issue a subpoena if negotiations broke down. His letter set Friday evening, Nov. 13, for Huang to confirm or receive a subpoena, NBC News reported.

What can Congress compel?

A congressional subpoena can require a witness to appear, testify or hand over documents. Huang's exit from the Nvidia CEO role does not place him beyond Congress's reach because the chairs also are pursuing Nvidia through Teter.

A witness may still invoke the Fifth Amendment against self-incrimination. No one had said Huang intended to do so.

What happens if a witness refuses?

Defiance can trigger criminal contempt under 2 U.S.C. 192, a misdemeanor punishable by up to a $100,000 fine and one to 12 months in jail.

The process requires a committee vote, a full House or Senate vote, certification by the Speaker or Senate president, and a U.S. attorney's decision to seek a grand jury. The Justice Department treats prosecution as discretionary.

Stephen Bannon received four months in prison and a $6,500 fine after his 2022 conviction. The Senate can also sue a private party in federal court in Washington under 28 U.S.C. 1365; the House lacks an equivalent statute and needs a resolution authorizing a suit.

What is the Senate pressing for?

Senate Banking chair Tim Scott wrote Huang and Commerce Secretary Howard Lutnick on Nov. 12, asking Huang to testify Dec. 3 and warning that the committee was "prepared to use all tools at our disposal, including subpoenas" if he did not appear voluntarily.

Lutnick's spokesperson said he "has proactively agreed to appear voluntarily," without confirming the requested Dec. 10 date. Sen. Kevin Cramer said Lutnick "certainly should" testify, while Sen. Richard Blumenthal said he "may need to be subpoenaed."

Can letters shape policy before Jan. 3?

Minority Democrats cannot compel testimony until January, so they are using letters. Sens. Elizabeth Warren and Chris Coons asked Lutnick, Secretary of State Marco Rubio and White House chief of staff Stephen Miller to preserve all records of Nvidia chip exports to China.

Sen. Ron Wyden and Rep. Richard Neal opened an inquiry into the H200 China arrangement, calling its 25% tariff "an unconstitutional export tax" and warning Lutnick that destroying records can be a crime.

On the Republican side, Sen. Tom Cotton asked Lutnick to add Chinese memory maker CXMT to the Entity List.

Which chip bills have leverage?

The Senate's version of the fiscal 2027 defense bill carries three chip measures from the House Foreign Affairs Committee. Lawmakers and advocates told Reuters the scandal makes the measures more likely to survive.

• AI Overwatch Act: Require 30 days' congressional notice and a vote to block licenses for chips such as the H200 to adversary nations.
• Chip Security Act: Require location verification on advanced chips.
• MATCH Act: Press allies to restrict chipmaking tools to China.

House Speaker Mike Johnson said Nov. 12 there was "a developing consensus in Congress" on limiting chip exports. Lawfare reported that the similar GAIN AI Act passed the Senate in the previous year's defense bill but dropped from the final text after White House and Nvidia lobbying.

What changes on Jan. 3?

Democrats are set to take both chambers Jan. 3. Subpoenas issued by the current Republican chairs would likely expire and would have to be reissued, ABC News reported.

House Minority Leader Hakeem Jeffries, expected to become speaker, called Huang's resignation "the right thing to do." He named Reps. Jim Himes and Gregory Meeks, the likely incoming Intelligence and Foreign Affairs chairs, to lead the Democrats' inquiry.

Meeks said: "We've seen the tip of the iceberg." Sen. Chris Coons, in line to chair Foreign Relations, said: "Congress will investigate and get answers."

Dates that matter

• Fri., Nov. 13: Mast's deadline for Huang to confirm the transcribed interview or receive a subpoena.
• Tue., Nov. 17: Warren and Coons sought confirmation that Nvidia export records were being preserved; Nvidia reports quarterly results after the close.
• Tue., Nov. 24: Sen. Michael Bennet asked Commerce, Justice, State and the DNI for written answers on the Megaspeed probe.
• Tue., Dec. 1: The House chairs demanded a closed-door session with Huang.
• Wed., Dec. 2: The same chairs requested Teter's transcribed interview.
• Thu., Dec. 3: The export-controls hearing was scheduled, and Scott asked Huang to testify.
• Thu., Dec. 10: Lutnick had agreed to appear voluntarily, but his office had not confirmed the date.
• Sun., Jan. 3: Democrats take control; subpoenas issued by the current Republican chairs likely lapse and require reissue.

The next test is whether December testimony strengthens the three chip bills before subpoenas issued by the current Republican chairs likely expire Jan. 3.