[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S5054-S5055]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2809. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle H of title X, insert the following:

     SEC. 1095. 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'';

[[Page S5055]]

       (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''.
                                 ______