H.R. 8315

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8315 Introduced in House (IH)]

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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''.
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