[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8152 Referred in Senate (RFS)]
<DOC>
118th CONGRESS
2d Session
H. R. 8152
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 10, 2024
Received; read twice and referred to the Committee on Banking, Housing,
and Urban Affairs
_______________________________________________________________________
AN ACT
To amend the Export Control Reform Act of 2018 to provide for control
of remote access of items, 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.
This Act may be cited as the ``Remote Access Security Act''.
SEC. 2. CONTROL OF REMOTE ACCESS OF ITEMS UNDER THE EXPORT CONTROL
REFORM ACT OF 2018.
The Export Control Reform Act of 2018 is amended--
(1) in section 1742 (50 U.S.C. 4801), by adding at the end
the following:
``(15) Remote access.--The term `remote access' means
access to an item that is subject to the jurisdiction of the
United States (without regard to the physical location of the
item) and included on the Commerce Control List set forth in
Supplement No. 1 to part 774 of the Export Administration
Regulations, by a foreign person through a network connection,
including the internet or a cloud computing service, from a
location other than where the item is physically located, to
use the functions of the item if the use of those functions may
pose a serious risk to the national security or foreign policy
of the United States, such as by--
``(A) training an artificial intelligence model
that could--
``(i) substantially lower the barrier of
entry for experts or non-experts to design,
synthesize, acquire, or use chemical,
biological, radiological, or nuclear weapons or
weapons of mass destruction;
``(ii) enable offensive cyber operations
through automated vulnerability discovery and
exploitation against a wide range of potential
targets of cyber attacks; or
``(iii) permit the evasion of human control
or oversight of automated systems through means
of deception or obfuscation; or
``(B) accessing a quantum computer that could
enable offensive cyber operations or other risks to
national security; or
``(C) accessing hacking tools.'';
(2) in section 1752 (50 U.S.C. 4811)--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting ``or
remote access'' after ``export''; and
(ii) in subparagraph (B), by inserting ``or
remote access'' after ``export''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``and in-country transfer of
items'' and inserting ``in-country transfer,
and remote access of items''; and
(ii) in subparagraph (A)--
(I) in the matter preceding clause
(i), by striking ``release'' and
inserting ``release or remote access'';
(II) in clause (iv), by striking
``; or'' and inserting a semicolon;
(III) in clause (v), by striking
the period at the end and inserting ``;
or''; and
(IV) by adding at the end the
following:
``(vi) offensive cyber operations.'';
(3) in section 1753 (50 U.S.C. 4812)--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``and''
at the end;
(ii) in paragraph (2)(F), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(3) the remote access to--
``(A) items subject to the jurisdiction of the
United States (without regard to the physical location
of the items) that are determined by the President to
warrant controls with respect to access by foreign
persons or countries of concern; and
``(B) the functions of such items.'';
(B) in subsection (b)--
(i) by redesignating paragraphs (3) through
(7) as paragraphs (4) through (8),
respectively; and
(ii) by inserting after paragraph (2) the
following:
``(3) regulate the remote access by foreign persons of
items as described in subsection (a)(3);''; and
(C) in subsection (c)--
(i) by striking ``or in-country transfer''
each place it appears and inserting ``in-
country transfer, or remote access''; and
(ii) by striking ``subsections (b)(1) or
(b)(2)'' and inserting ``subsections (b)(1),
(b)(2), or (b)(3)'';
(4) in section 1754 (50 U.S.C. 4813)--
(A) in subsection (a)--
(i) in paragraph (3), by striking ``and in-
country transfers'' and inserting ``in-country
transfers, and remote access'';
(ii) in paragraph (4), by striking ``and
in-country transfers'' and inserting ``in-
country transfers, and remote access'';
(iii) in paragraph (5), by striking ``and
in-country transfers'' and inserting ``in-
country transfers, and remote access'';
(iv) in paragraph (10), by striking ``or
in-country transferred'' and inserting ``in-
country transferred, or remotely accessed'';
(v) in paragraph (11), by adding at the end
before the semicolon the following: ``or remote
access''; and
(vi) in paragraph (15), by adding at the
end before ``; and'' the following: ``or
remotely access (including the provision
thereof)'';
(B) in subsection (b), by striking ``or in-country
transfer'' and inserting ``in-country transfer, or
remote access''; and
(C) in subsection (d)(1), by amending subparagraph
(A) to read as follows:
``(A) the export, reexport, or in-country transfer
of, or remote access to, items described in paragraph
(2), or remote access to items described in section
1742(15), including, in both cases, items that are not
subject to control under this part; and''.
(5) in section 1755(b)(2) (50 U.S.C. 4814(b)(2))--
(A) in subparagraph (C), by striking ``and in-
country transfers'' and inserting ``in-country
transfers, and remote access''; and
(B) in subparagraph (E), by striking ``and in-
country transfers'' and inserting ``in-country
transfers, and remote access''; and
(6) in section 1756 (50 U.S.C. 4815)--
(A) in subsection (a), in the matter preceding
paragraph (1), by striking ``and in-country transfer''
and inserting ``in-country transfer, and remote
access''; and
(B) in subsection (b), by striking ``or in-country
transfer'' and inserting ``in-country transfer, or
remote access'';
(7) in section 1757(a) (50 U.S.C. 4816(a)), by striking
``or in-country transfer'' and inserting ``in-country transfer,
or remote access''; and
(8) in section 1760 (50 U.S.C. 4819)--
(A) in subsection (a)(2)(F)(iii), by striking ``or
in-country transfer'' and inserting ``in-country
transfer, or remote access'';
(B) in subsection (c)(1)(C), by striking ``or in-
country transfer'' and inserting ``in-country transfer,
or remotely access (including the provision thereof)'';
and
(C) in subsection (e)(1)(A)--
(i) in clause (i), by striking ``or in-
country transfer outside the United States any
item'' and inserting ``in-country transfer
outside the United States any item, or remotely
access any item''; and
(ii) in clause (ii), by striking ``or in-
country transfer'' and inserting ``in-country
transfer, or remote access'';
(9) in section 1761 (50 U.S.C. 4820)--
(A) in subsection (a)(5), by striking ``or in-
country transferred'' and inserting ``in-country
transferred, or remotely accessed'';
(B) in subsection (d)(2), by striking ``export''
each place it appears and inserting ``export control'';
and
(C) in subsection (h)(1)(B), by striking ``or in-
country transfer'' and inserting ``in-country transfer,
or remotely access''; and
(10) in section 1767 (50 U.S.C. 4825)--
(A) in subsection (a), by striking ``or reexport''
and inserting ``reexport, or remote access''; and
(B) in subsection (b)(2)--
(i) in subparagraph (A), by striking ``and
in-country transfer'' and inserting ``in-
country transfer, and remote access''; and
(ii) in subparagraph (C), by striking ``or
in-country transferred'' and inserting ``in-
country transferred, or remotely accessed''.
Passed the House of Representatives September 9, 2024.
Attest:
KEVIN F. MCCUMBER,
Clerk.