[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''.
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