[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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