I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Enhancing National Frameworks for Overseas Restric6 tion of Critical Exports Act’’ or ‘‘ENFORCE Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 


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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. 

1 SEC. 2. DEFINITIONS. 

2 Section 1742 of the Export Control Reform Act of 

3 2018 (50 U.S.C. 4801) is amended by adding at the end 

4 the following: 

5 ‘‘(15) ADDITIONAL DEFINITIONS.— 

6 ‘‘(A) ARTIFICIAL INTELLIGENCE.—The 

7 term ‘artificial intelligence’ has the meaning 

8 given that term in section 5002(3) of the Na9 tional Artificial Intelligence Initiative Act of 

10 2020 (15 U.S.C. 9401(3)). 

11 ‘‘(B) ARTIFICIAL INTELLIGENCE SYS12 TEM.—The term ‘artificial intelligence system’ 

13 means any software or hardware implementa14 tion of artificial intelligence, including artificial 

15 intelligence model weights and any numerical 

16 parameters associated with the artificial intel17 ligence implementation. 

18 ‘‘(C) COVERED ARTIFICIAL INTELLIGENCE

19 SYSTEM.— 

20 ‘‘(i) INTERIM DEFINITION.—For the 

21 period beginning on the date of the enact22 ment of this paragraph and ending on the 

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1 ulations required by clause (ii), the term 

2 ‘covered artificial intelligence system’ 

3 means an artificial intelligence system 

4 that— 

5 ‘‘(I) exhibits, or could foreseeably 

6 be modified to exhibit, capabilities in 

7 the form of high levels of performance 

8 at tasks that pose a serious risk to 

9 the national security and foreign pol10 icy of the United States or any com11 bination of those matters, even if it is 

12 provided to end users with technical 

13 safeguards that attempt to prevent 

14 users from taking advantage of the 

15 relevant capabilities, such as by— 

16 ‘‘(aa) substantially lowering 

17 the barrier of entry for experts or 

18 non-experts to design, synthesize, 

19 acquire, or use chemical, biologi20 cal, radiological, or nuclear 

21 (CBRN) weapons or weapons of 

22 mass destruction; 

23 ‘‘(bb) enabling offensive 

24 cyber operations through auto25 mated vulnerability discovery and 


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1 exploitation against a wide range 

2 of potential targets of cyber at3 tacks; or 

4 ‘‘(cc) permitting the evasion 

5 of human control or oversight 

6 through means of deception or 

7 obfuscation; or 

8 ‘‘(II) can reasonably be expected 

9 to exhibit the capabilities described in 

10 subclause (I), such as by dem11 onstrating technical similarity or 

12 equivalent performance to models in 

13 which relevant capabilities have 

14 emerged unexpectedly. 

15 ‘‘(ii) FINAL DEFINITION.— 

16 ‘‘(I) IN GENERAL.—Not later 

17 than 365 days after the date of the 

18 enactment of this paragraph, the Sec19 retary, in consultation with the Sec20 retary of State, the Secretary of De21 fense, and the Secretary of Energy, 

22 shall issue regulations defining the 

23 term ‘covered artificial intelligence 

24 system’ for purposes of this subtitle. 

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1 tion with the Secretary of State, the 

2 Secretary of Defense, and the Sec3 retary of Energy, shall update the 

4 definition of such term as necessary. 

5 ‘‘(II) FACTORS.—In developing 

6 the definition of the term ‘covered ar7 tificial intelligence system’ under this 

8 clause, the Secretary, in consultation 

9 with the Secretary of State, the Sec10 retary of Defense, and the Secretary 

11 of Energy, shall consider technical 

12 and non-technical factors, including 

13 those factors that will most effectively 

14 promote the national security of the 

15 United States. 

16 ‘‘(D) MODEL WEIGHT.—The term ‘model 

17 weight’ means a numerical parameter within an 

18 artificial intelligence model that helps determine 

19 the model’s outputs in response to inputs.’’. 

20 SEC. 3. AUTHORITY OF THE PRESIDENT. 

21 Section 1753(a) of the Export Control Reform Act 

22 of 2018 (50 U.S.C. 4812(a)) is amended by adding at the 

23 end the following: 

24 ‘‘In addition, in order to carry out the policy set forth in 

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1 dent may control the activities of United States persons, 

2 wherever located, relating to specific covered artificial in3 telligence systems and emerging and foundational tech4 nologies that are identified as essential to the national se5 curity of the United States pursuant to section 1758(a).’’. 

6 SEC. 4. ADDITIONAL AUTHORITIES. 

7 Section 1754(d) of the Export Control Reform Act 

8 of 2018 (50 U.S.C. 4813(d)) is amended by adding at the 

9 end the following: 

10 ‘‘(3) ADDITIONAL AUTHORITIES.—In further11 ance of section 1753(a), the President may require 

12 a United States person, wherever located, to apply 

13 for and receive a license from the Department of 

14 Commerce for— 

15 ‘‘(A) the export, reexport, or in-country 

16 transfer of items described in paragraph (4), in17 cluding items that are not subject to control 

18 under this subchapter; and 

19 ‘‘(B) other activities that may support the 

20 design, development, production, use, operation, 

21 installation, maintenance, repair, overhaul, or 

22 refurbishing of, or for the performance of serv23 ices relating to, any items described in para24 graph (4). 


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1 ‘‘(4) ITEMS DESCRIBED.—The items described 

2 in this paragraph include— 

3 ‘‘(A) covered artificial intelligence systems; 

4 and 

5 ‘‘(B) specific emerging and foundational 

6 technologies that are identified as essential to 

7 the national security of the United States pur8 suant to section 1758(a).’’. 

9 SEC. 5. AMENDMENT TO INTERNATIONAL EMERGENCY 

10 ECONOMIC POWERS ACT. 

11 Section 203(b)(3) of the International Emergency 

12 Economic Powers Act (50 U.S.C. 1702(b)(3)) is amended 

13 by striking ‘‘section 5 of the Export Administration Act 

14 of 1979, or under section 6 of such Act to the extent that 

15 such controls promote the nonproliferation or 

16 antiterrorism policies of the United States’’ and inserting 

17 ‘‘section 1754 of the Export Control Reform Act of 2018’’. 

Æ 


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