[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.