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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8315 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8315
To amend the Export Control Reform Act of 2018 to prevent foreign
adversaries from exploiting United States artificial intelligence and
other enabling technologies, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 8, 2024
Mr. McCaul (for himself, Mr. Moolenaar, Mr. Krishnamoorthi, and Ms.
Wild) introduced the following bill; which was referred to the
Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To amend the Export Control Reform Act of 2018 to prevent foreign
adversaries from exploiting United States artificial intelligence and
other enabling technologies, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Enhancing National
Frameworks for Overseas Restriction of Critical Exports Act'' or
``ENFORCE Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Definitions.
Sec. 3. Authority of the President.
Sec. 4. Additional authorities.
Sec. 5. Amendment to International Emergency Economic Powers Act.
SEC. 2. DEFINITIONS.
Section 1742 of the Export Control Reform Act of 2018 (50 U.S.C.
4801) is amended by adding at the end the following:
``(15) Additional definitions.--
``(A) Artificial intelligence.--The term
`artificial intelligence' has the meaning given that
term in section 5002(3) of the National Artificial
Intelligence Initiative Act of 2020 (15 U.S.C.
9401(3)).
``(B) Artificial intelligence system.--The term
`artificial intelligence system' means any software or
hardware implementation of artificial intelligence,
including artificial intelligence model weights and any
numerical parameters associated with the artificial
intelligence implementation.
``(C) Covered artificial intelligence system.--
``(i) Interim definition.--For the period
beginning on the date of the enactment of this
paragraph and ending on the date on which the
Secretary issues the regulations required by
clause (ii), the term `covered artificial
intelligence system' means an artificial
intelligence system that--
``(I) exhibits, or could
foreseeably be modified to exhibit,
capabilities in the form of high levels
of performance at tasks that pose a
serious risk to the national security
and foreign policy of the United States
or any combination of those matters,
even if it is provided to end users
with technical safeguards that attempt
to prevent users from taking advantage
of the relevant capabilities, such as
by--
``(aa) substantially
lowering the barrier of entry
for experts or non-experts to
design, synthesize, acquire, or
use chemical, biological,
radiological, or nuclear (CBRN)
weapons or weapons of mass
destruction;
``(bb) enabling offensive
cyber operations through
automated vulnerability
discovery and exploitation
against a wide range of
potential targets of cyber
attacks; or
``(cc) permitting the
evasion of human control or
oversight through means of
deception or obfuscation; or
``(II) can reasonably be expected
to exhibit the capabilities described
in subclause (I), such as by
demonstrating technical similarity or
equivalent performance to models in
which relevant capabilities have
emerged unexpectedly.
``(ii) Final definition.--
``(I) In general.--Not later than
365 days after the date of the
enactment of this paragraph, the
Secretary, in consultation with the
Secretary of State, the Secretary of
Defense, and the Secretary of Energy,
shall issue regulations defining the
term `covered artificial intelligence
system' for purposes of this subtitle.
Thereafter, the Secretary, in
consultation with the Secretary of
State, the Secretary of Defense, and
the Secretary of Energy, shall update
the definition of such term as
necessary.
``(II) Factors.--In developing the
definition of the term `covered
artificial intelligence system' under
this clause, the Secretary, in
consultation with the Secretary of
State, the Secretary of Defense, and
the Secretary of Energy, shall consider
technical and non-technical factors,
including those factors that will most
effectively promote the national
security of the United States.
``(D) Model weight.--The term `model weight' means
a numerical parameter within an artificial intelligence
model that helps determine the model's outputs in
response to inputs.''.
SEC. 3. AUTHORITY OF THE PRESIDENT.
Section 1753(a) of the Export Control Reform Act of 2018 (50 U.S.C.
4812(a)) is amended by adding at the end the following:
``In addition, in order to carry out the policy set forth in paragraphs
(1) through (10) of section 1752, the President may control the
activities of United States persons, wherever located, relating to
specific covered artificial intelligence systems and emerging and
foundational technologies that are identified as essential to the
national security of the United States pursuant to section 1758(a).''.
SEC. 4. ADDITIONAL AUTHORITIES.
Section 1754(d) of the Export Control Reform Act of 2018 (50 U.S.C.
4813(d)) is amended by adding at the end the following:
``(3) Additional authorities.--In furtherance of section
1753(a), the President may require a United States person,
wherever located, to apply for and receive a license from the
Department of Commerce for--
``(A) the export, reexport, or in-country transfer
of items described in paragraph (4), including items
that are not subject to control under this subchapter;
and
``(B) other activities that may support the design,
development, production, use, operation, installation,
maintenance, repair, overhaul, or refurbishing of, or
for the performance of services relating to, any items
described in paragraph (4).
``(4) Items described.--The items described in this
paragraph include--
``(A) covered artificial intelligence systems; and
``(B) specific emerging and foundational
technologies that are identified as essential to the
national security of the United States pursuant to
section 1758(a).''.
SEC. 5. AMENDMENT TO INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT.
Section 203(b)(3) of the International Emergency Economic Powers
Act (50 U.S.C. 1702(b)(3)) is amended by striking ``section 5 of the
Export Administration Act of 1979, or under section 6 of such Act to
the extent that such controls promote the nonproliferation or
antiterrorism policies of the United States'' and inserting ``section
1754 of the Export Control Reform Act of 2018''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Foreign Affairs.
Committee Consideration and Mark-up Session Held
Ordered to be Reported (Amended) by the Yeas and Nays: 43 - 3.
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