118 HR 8152 EH: Remote Access Security Act
U.S. House of Representatives
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I
118th CONGRESS
2d Session
H. R. 8152
IN THE HOUSE OF REPRESENTATIVES
AN ACT
To amend the Export Control Reform Act of 2018 to provide for control of remote access of items, and for other purposes.
1.

Short title
This Act may be cited as the “Remote Access Security Act”.
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.
Kevin F. McCumber,
Clerk.