Remote Access Security Act
This bill broadens the scope of the U.S. export control system to include remote access of controlled items if such access poses a serious risk to U.S. national security or foreign policy.
Remote access means access to an item subject to the jurisdiction of the United States and included on the Commerce Control List 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 such use may pose a serious risk to U.S. national security or foreign policy. This includes (1) training an artificial intelligence model that could, among other actions, substantially lower the barrier of entry for experts or nonexperts to design or use weapons of mass destruction or to enable offensive cyber operations through automated vulnerability discovery and exploitation; (2) accessing a quantum computer that could enable offensive cyber operations or other risks to national security; or (3) accessing hacking tools.
The Export Control Reform Act of 2018 (ECRA), which is implemented through the Export Administration Regulations, provides a permanent statutory basis for controlling the export of dual-use goods (e.g., items with both civilian and military uses) and certain military parts and components. This bill applies export controls under ECRA to remote access of items, thereby allowing the Department of Commerce's Bureau of Industry and Security to issue licenses and impose penalties related to remote access of controlled items.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8152 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8152
To amend the Export Control Reform Act of 2018 to provide for control
of remote access of items, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 29, 2024
Mr. Lawler (for himself, Mr. Jackson of North Carolina, Mr. McCormick,
and Ms. Crockett) 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 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 as follows:
(1) In section 1742 (50 U.S.C. 4801), by adding at the end
the following:
``(15) Remote access.--The term `remote access' means--
``(A) access to an item subject to the jurisdiction
of the United States 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; or
``(B) any other form of access specified in
regulations promulgated by the Secretary.''.
(2) In section 1752 (50 U.S.C. 4811)--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting ``or
remote access of such items'' after ``export of
items''; and
(ii) in subparagraph (B), by inserting ``or
remote access of such items'' after ``export of
items''; 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), by inserting ``or
remote access'' after ``the release''.
(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 of items subject to the
jurisdiction of the United States by a foreign person.'';
(B) in subsection (b)--
(i) in paragraph (6), by striking ``and''
at the end;
(ii) in paragraph (7), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(8) regulate the remote access of items described in
(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)(8)''.
(4) In section 1754 (50 U.S.C. 4813)--
(A) in subsection (a)--
(i) in paragraph (3), by inserting ``and
remote access of controlled items'' after ``in-
country transfers of controlled items'';
(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 (6), by striking ``United
States export control'' and inserting ``United
States control'';
(v) in paragraph (7), by striking ``export
controls'' and inserting ``controls'';
(vi) in paragraph (10), by striking ``or
in-country transferred'' and inserting ``in-
country transferred or accessed remotely'';
(vii) in paragraph (11), by adding at the
end before the semicolon the following: ``or
remote access''; and
(viii) in paragraph (15), by adding at the
end before ``; and'' the following: ``or
remotely access'';
(B) in subsection (b), by striking ``or in-country
transfer'' and inserting ``in-country transfer, or
remote access''; and
(C) in subsection (d)(1)(A), by striking ``or in-
country transfer'' and inserting ``in-country transfer,
or remote access''.
(5) In section 1755 (50 U.S.C. 4814)--
(A) in subsection (b)(2)--
(i) in subparagraph (C), by striking ``and
in-country transfers'' and inserting ``in-
country transfers, and remote access''; and
(ii) in subparagraph (E), by striking ``and
in-country transfers'' and inserting ``in-
country transfers, and remote access''; and
(B) in subsection (c), by striking ``export
controls'' and inserting ``controls''.
(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 (50 U.S.C. 4816)--
(A) in subsection (a), by striking ``or in-country
transfer'' and inserting ``in-country transfer, or
remote access''; and
(B) in subsection (c)(2), by striking ``export
controls'' and inserting ``controls''.
(8) In section 1760 (50 U.S.C. 4819)--
(A) in subsection (a)(2)(F)--
(i) in clause (ii), by striking ``any
export control document or any report'' and
inserting ``any document or report''; and
(ii) in clause (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''; and
(B) in subsection (h)(1)(B), by striking ``or in-
country transfer'' and inserting ``in-country transfer,
or remotely access''.
(10) In section 1767(b)(2)(A) (50 U.S.C. 4825(b)(2)(A)), by
striking ``and in-country transfer'' and inserting ``in-country
transfer, or remote access''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Foreign Affairs.
Committee Consideration and Mark-up Session Held
Ordered to be Reported by Unanimous Consent.
Mr. Barr moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H5077-5078)
DEBATE - The House proceeded with forty minutes of debate on H.R. 8152.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5077-5078)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5077-5078)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
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