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College Station, TX – This week, House Foreign Affairs Committee Chairman Michael McCaul (R-TX), Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party Chairman John Moolenaar (R-MI), Ranking Member Raja Krishnamoorthi (D-IL), and Rep. Susan Wild (D-PA) introduced the “Enhancing National Frameworks for Overseas Critical Exports Act”  (ENFORCE Act). This bipartisan bill modernizes the Export Control Reform Act of 2018 (ECRA) by giving the Commerce Department’s Bureau of Industry and Security (BIS) the authority to use export controls on Artificial Intelligence (AI) and other national security-related emerging technology that can potentially be used by our enemies in the future.

“The U.S. government has the tools it needs to keep critical hardware with national security ramifications out of the hands of our adversaries’ militaries,” said Chairman McCaul. “But we don’t have those same clear tools to keep the software that powers advanced technologies – the AI systems themselves – from them. I’m proud to introduce this bipartisan legislation that will close those loopholes. For far too long, the law has lagged behind technological advances. That stops today.”

“Artificial intelligence is a foundational technology of the future with the potential to reshape our economy, our way of life, and our national security. This legislation will protect the American people and help prevent our nation’s innovations from falling into the hands of our adversaries,” said Chairman Moolenaar.

“Without action, there is a grave possibility that a future cyber-attack on the American homeland could be enabled by AI technologies. Under current law, our national security community does not have the authority necessary to prevent the Chinese Communist Party, its military, and the companies they directly control, from acquiring AI systems that could aid future cyberattacks against the United States,” said Ranking Member Krishnamoorthi. “The ENFORCE Act would address this threat by ensuring that the Bureau of Industry and Security has the authority necessary to address the security risks posed by AI and technology transfers, ensuring that American technologies, American researchers and firms do not feed the Chinese Communist Party’s military and surveillance state.”

“Our federal government must have the tools it needs to address both the extraordinary opportunities and risks of new AI technologies, and that means making sure we are protecting the American people — including our workers and businesses — from foreign adversaries,” said Congresswoman Susan Wild. “This bill will help protect both our national and economic security by providing the executive branch with the discretionary authority to place export controls on these technologies that have the potential to fundamentally alter our societies.”

Background:

  • According to the United States–China Economic and Security Review Commission, China is using commercial AI advancements to develop its military capabilities so it can prepare for a potential war over Taiwan.
  • The ENFORCE Act would allow BIS to use export controls to safeguard future AI systems that threaten national security from our adversaries.
  • This bill would not provide BIS any authorities on existing systems or advanced systems that do not threaten national security.

Read the full text of the bill here.

Read a summary of the bill here.

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