US House Passes Bill Restricting Export of Large Models and Chinese Nationals Working on AI in the US

2024-05-27

The "Enhancing the Framework for Restricting Key Exports and Limiting Overseas National Security Threats Act" (ENFORCE Act) was overwhelmingly passed by the House Foreign Affairs Committee on May 23. This bill aims to strengthen control over the export of AI technology from the United States, particularly targeting AI models developed by companies such as OpenAI, Microsoft, Anthropic, Google, and Meta. This move is seen as an attempt by the United States to weaken and restrict China's competitiveness in the field of AI. The ENFORCE Act amends the Export Control Reform Act of 2018, granting the President greater authority to control specific activities involving AI systems and emerging foundational technologies that relate to national security. According to the bill, the President can require US citizens or green card holders to apply for and obtain licenses from the Department of Commerce in order to engage in a range of AI-related activities, including export, re-export, domestic transfer, and support for design, development, production, and use. Of particular concern is the impact of this bill on Chinese individuals holding H1B visas who are working in AI/ML-related roles in the United States. The bill requires them to obtain special permits when engaging in AI technology work that relates to national security. This provision may pose additional challenges for H1B visa holders in continuing their work, such as model training, and could also affect other individuals involved in AI infrastructure work. The scope of the bill is quite broad, covering all AI systems, including software and hardware, that relate to national security. Notably, the bill includes model weights as regulated objects, highlighting the high sensitivity and importance the United States places on AI technology. However, the bill also faces some challenges during its passage. Due to the vague scope of regulation and the difficulty in defining open-source projects, specific implementation details will need further clarification. Additionally, it remains unclear whether this bill will lead to restrictions on Chinese H1B visa holders by companies like NVIDIA. The bill has received bipartisan support and has co-sponsors, including a California congressman from Los Angeles, increasing the likelihood of its ultimate passage. We will closely monitor the bill's subsequent developments and its impact on the AI field in both China and the United States.