Lawmakers Unveil Bill to Safeguard US AI Systems From China

The ENFORCE Act will grant BIS legal authority to use export controls on AI systems, such as stopping the transfer of AI systems to China.

An AI logo blended with four fake social media accounts with profile pictures apparently generated by AI software, taken in Helsinki, Finland, on June 12, 2023. Olivier Morin/AFP via Getty Images

A group of bipartisan lawmakers has introduced a bill to prevent artificial intelligence (AI) systems from being exploited by adversaries that threaten U.S. national security.

The legislation titled “Enhancing National Frameworks for Overseas Critical Exports Act” or the ENFORCE Act would allow the federal government to use export controls to protect future AI systems from U.S. enemies.

“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,” Rep. Raja Krishnamoorth (D-Ill.), the ranking member on the Select Committee on the Chinese Communist Party, said in a statement on May 10.

“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,” he added.

The ENFORCE Act will amend the Export Control Reform Act of 2018 (ECRA), granting the Commerce Department’s Bureau of Industry and Security (BIS) the authority to impose export control measures on AI and emerging technologies. These measures aim to prevent potential adversaries from accessing technology that could be used against the United States.

According to the lawmakers, with its current authority, BIS can only use export controls to stop the export of advanced semiconductors to produce AI systems and other equipment to make these semiconductors. However, BIS lacks the authority to regulate the transfer of AI systems. This scenario implies that a U.S. AI firm could potentially sell its most advanced AI system to China—which could threaten national security—without applying for a license, with the BIS unable to intervene.

The ENFORCE Act will grant BIS legal authority to use export controls on AI systems, such as stopping the transfer of AI systems to China. The Act empowers BIS to mandate licenses for exporting AI systems or other emerging technologies related to national security. For instance, it can require American AI labs to conduct security checks before collaborating with AI labs with ties to the Chinese military.

“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 Rep. John Moolenaar (R-Mich.), chairman of the House Select Committee on the CCP.

The bill is sponsored by House Foreign Affairs Committee Chairman Michael McCaul (R-Texas), Rep. John Moolenaar (R-Mich.), Rep. Raja Krishnamoorth (D-Ill.), and Rep. Susan Wild (D-Pa.).

US Firms Invested in China’s AI

The race for AI dominance is the latest technological frontier in the competition between the United States and the Chinese regime. The Pentagon’s 2022 China Power Report found that the Chinese military seeks to expand the use of AI and advanced technologies to enhance its next-generation combat capabilities.

According to a report from last year by the Center for Security and Emerging Technology, from 2015 to 2021, U.S. investors plunged $40.2 billion into 251 Chinese AI companies, accounting for 37 percent of the total investments raised by all Chinese AI firms.

In its February investigative report, the Select Committee on the CCP uncovered that five U.S. venture capital firms have invested $1.9 billion in Chinese AI companies.

“U.S. investments were critical to the early growth and success of some of the [China]’s largest and most notorious AI and semiconductor companies, many of which are now blacklisted by the U.S. government over national security concerns, and many of which are supported by the [China] government,” the report states.

Notably, the investigation found that the investments advanced the strategic goals of the CCP while directly undercutting the United States’ position internationally, according to the report.

“This report illustrates that outbound U.S. capital investment in critical sectors has advanced [China]’s strategic priorities while undercutting U.S. strategy toward [China],” it states.

The report recommended additional restrictions on outbound investment into Chinese critical and emerging technologies, including AI, semiconductors, and quantum computing.

Last month, during a trip to China, Secretary of State Antony Blinken told reporters that the United States and the Chinese regime agreed to hold their first bilateral talks on AI.

Andrew Thornebrooke contributed to this report.