[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2683 Referred in Senate (RFS)]
<DOC>
119th CONGRESS
2d Session
H. R. 2683
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 13, 2026
Received; read twice and referred to the Committee on Banking, Housing,
and Urban Affairs
_______________________________________________________________________
AN ACT
To provide for control of remote access of items under the Export
Control Reform Act of 2018.
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
access on a purposeful, knowing, reckless, or negligent basis
to an item subject to the jurisdiction of the United States
under this Act 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 if the Secretary determines that the use of
the item could pose a serious risk to the national security or
foreign policy of the United States. Nothing in this paragraph
may be construed to lower the requisite mens rea required to be
proven for criminal liability under section 1760.''.
(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
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)(8)''.
(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 (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 (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)(A), by striking ``or in-
country transfer'' and inserting ``in-country transfer,
or remote access (including the provision thereof)''.
(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 (including
the provision thereof)''; and
(ii) in subparagraph (E), by striking ``and
in-country transfers'' and inserting ``in-
country transfers, and remote access (including
the provision thereof)''; 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
provide remote access to''.
(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 (or provide such access)''; and
(ii) in clause (ii), by striking ``or in-
country transfer'' and inserting ``in-country
transfer of items, or provide remote access to
items''.
(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
of items, or provide remote access to items''.
(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''.
SEC. 3. CONSULTATION WITH CONGRESS.
(a) In General.--The Secretary of Commerce shall ensure that the
appropriate congressional committees are kept fully and currently
informed of any anticipated promulgation of regulations to control the
remote access of items under the Export Control Reform Act of 2018, as
amended by section 2, including ensuring such committees are informed,
in a classified setting as necessary, on--
(1) the national security risk that would be addressed by
the regulations;
(2) how the method of the regulations addresses the
national security risk; and
(3) how the regulations may impact the economy of the
United States.
(b) Rule of Construction.--Nothing in this section may be construed
to require the approval of the appropriate congressional committees as
a condition precedent to the exercise of an authority under the Export
Control Reform Act of 2018, as amended by section 2.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs of the House of
Representatives; and
(2) the Committee on Banking, Housing, and Urban Affairs of
the Senate.
Passed the House of Representatives January 12, 2026.
Attest:
KEVIN F. MCCUMBER,
Clerk.