[Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)]
[Senate]
[Pages S3385-S3386]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6211. Mr. McCORMICK (for himself, Mr. Wyden, Mr. Cotton, and Mr.
Banks) submitted an amendment intended to be proposed by him to the
bill S. 4784, to authorize appropriations for fiscal year 2027 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 title XII, add the following:
Subtitle F--Remote Access Security Act
SEC. 1271. SHORT TITLE.
This subtitle may be cited as the ``Remote Access Security
Act''.
SEC. 1272. CONTROL OF REMOTE ACCESS TO CERTAIN ITEMS.
(a) Definitions.--Section 1742 of the Export Control Reform
Act of 2018 (50 U.S.C. 4801) is amended--
(1) by redesignating paragraphs (6), (7), (8), (9), (10),
(11), (12), (13), and (14) as paragraphs (7), (8), (9), (10),
(12), (13), (14), (15), and (16), respectively;
(2) by inserting after paragraph (5) the following:
``(6) Foreign person of concern.--The term `foreign person
of concern' means--
``(A) the government of--
``(i) a country specified in section 4872(d)(2) of title
10, United States Code; or
``(ii) any region within such a country, including the
Macau Special Administrative Region and the Hong Kong Special
Administrative Region of the People's Republic of China;
``(B) an entity located or headquartered in, or the
ultimate parent company of which is headquartered in, such a
country or region; or
``(C) a person on the Entity List set forth in Supplement
No. 4 to part 744 of the Export Administration
Regulations.''; and
(3) by inserting after paragraph (10), as redesignated, the
following:
``(11) Remote access.--The term `remote access' means
access to an item subject to the jurisdiction of the United
States and included on the Commerce Control List set forth in
Supplement No. 1 to part 774 of the Export Administration
Regulations from a location other than where the item is
physically located.''.
(b) Statement of Policy.--Section 1752(2) of the Export
Control Reform Act of 2018 (50 U.S.C. 4811(2)) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``provision of remote access to specific items,'' after
``transfer of items,''; and
(2) in subparagraph (A) in the matter preceding clause (i),
by inserting ``, or provision of remote access to,'' after
``release of''.
(c) Authority to Control Remote Access to Certain Advanced
Integrated Circuits.--Section 1753 of the Export Control
Reform Act of 2018 (50 U.S.C. 4812) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(B) in paragraph (2)(F), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(3) the provision to foreign persons of concern of remote
access to items in accordance with subsection (c).'';
(2) in subsection (b)--
(A) by redesignating paragraphs (3) through (7) as
paragraphs (4) through (8), respectively; and
(B) by inserting after paragraph (2) the following:
``(3) regulate the provision to foreign persons of concern
of remote access to items in accordance with subsection
(c);'';
(3) by redesignating subsection (c) as subsection (d);
(4) by inserting after subsection (b) the following:
``(c) Controls on Remote Access to Certain Items.--
``(1) In general.--The President may regulate the provision
of remote access only if--
``(A) the remote access is provided to a foreign person of
concern;
``(B) the foreign person of concern accesses, or would
access, the item from a location outside the United States;
and
``(C) the remote access is provided--
``(i) through a cloud infrastructure service (defined as
`Infrastructure as a Service' by the National Institute of
Standards and Technology in Special Publication 800-145 (or
any successor publication)) to items consisting of a
collection of advanced computing integrated circuit products
that are allocated to a single cloud infrastructure service
customer that is interconnected so as to enable coordinated
frontier model training, and provide an aggregate total
processing performance, as defined and calculated under
Export Control Classification Number 3A090 in the Commerce
Control List, exceeding a technical standard determined by
the Secretary pursuant to paragraph (3);
``(ii) to a software item that the Secretary determines
poses a serious risk to the national security or foreign
policy of the United States because the software is primarily
designed for--
``(I) offensive cyberspace operations (as defined by
Committee on National Security Systems (CNSS) 4009); or
``(II) conducting surveillance by the use of--
``(aa) spyware (as defined in section 1102A of the National
Security Act of 1947 (50 U.S.C. 3232a(a)));
``(bb) location tracking technology designed to collect,
derive, or analyze precise geolocation information (as
defined in section 2(c)(6) of the Protecting Americans' Data
from Foreign Adversaries Act of 2024 (15 U.S.C. 9901(c)(6));
or
``(cc) automated recognition of individuals based on their
biological or behavioral characteristics (defined as
`biometrics' by the National Institute of Standards and
Technology in Special Publication 800-63 (or any successor
publication)); or
``(iii) to an item for any other purpose established by the
Secretary pursuant to paragraph (3).
``(2) Advisory committee.--The Secretary shall establish an
advisory committee composed of representatives from industry
and the Federal Government representing various points of
view, which shall include representatives of United States-
headquartered cloud infrastructure service providers,
semiconductor manufacturers, and frontier artificial
intelligence laboratories, to advise the Under Secretary of
Commerce for Industry and Security on controls under the
Export Administration Regulations.
``(3) Technical standard; adjustment of purposes.--The
Secretary, after receiving the advice of the advisory
committee established under paragraph (2)--
``(A) shall establish the technical standard for aggregate
total processing performance described in clause (i) of
paragraph (1)(C) and may adjust that standard as necessary to
maintain its relevance to current technological advancement;
and
``(B) shall evaluate and may adjust as necessary the
software and purposes covered by clauses (ii) and (iii) of
that paragraph.
``(4) Rule of construction.--Nothing in this subsection
shall be construed to require a license for the provision of
cloud infrastructure services that do not meet the technical
standard determined by the Secretary pursuant to paragraph
(3).'';
(5) in subsection (d), as so redesignated--
(A) by inserting ``, or provision of remote access to,''
after ``in-country transfer of'';
(B) by striking ``subsections (b)(1) or (b)(2)'' and
inserting ``paragraphs (1), (2), and (3) of subsection (b),
as applicable,''; and
(C) by striking ``or in-country transfer occurs'' and
inserting ``in-country transfer, or provision of remote
access occurs''.
(d) License Requirement.--Section 1754(d)(1)(B) of the
Export Control Reform Act of 2018 (50 U.S.C. 4813(d)(1)(B))
is amended by inserting ``, including the provision of remote
access to items in accordance with subsection 1753(c),''
after ``other activities.''.
(e) Conforming Amendments.--The Export Control Reform Act
of 2018 (50 U.S.C. 4801 et seq.) is amended--
(1) in section 1754 (50 U.S.C. 4813)--
(A) in subsection (a)--
(i) in paragraph (3), by inserting ``, and provision of
remote access (in accordance with subsection 1753(c)) to,''
after ``in-country transfers of'';
(ii) in paragraph (5), in the matter preceding subparagraph
(A), by inserting ``, and provision of remote access (in
accordance with subsection 1753(c)) to,'' after ``in-country
transfers of'';
(iii) in paragraph (15), by striking ``to export'' and
inserting ``for export or provision of remote access'';
(B) in subsection (b), by inserting ``, or provision of
remote access to,'' after ``in-country transfer of''; and
(C) in subsection (c)--
(i) in paragraph (1)(A)--
(I) in the matter preceding clause (i), by inserting ``, or
provision of remote access (in accordance with subsection
1753(c)) to,'' after ``in-country transfer of''; and
(II) in clause (ii), by inserting ``, or provision of
remote access to,'' after ``in-country transfer of''; and
(ii) in paragraph (2)(B)--
(I) in clause (i)--
(aa) by inserting ``or to which remote access would be
provided'' after ``to be offered''; and
(bb) by striking ``a license to export, reexport, or in-
country transfer the items is sought'' and inserting ``a
license under paragraph (1) is sought'';
(II) in clause (ii), by striking ``the export, reexport, or
in-country transfer is proposed to be made has requested the
items under the export, reexport, or in-country transfer''
and inserting ``the export, reexport, in-country transfer, or
provision of remote access is proposed to be made has
requested the items or remote access to the items'';
(III) in clause (iii), by striking ``or in-country
transfer'' and inserting ``in-country transfer, or provision
of remote access'';
(IV) in clause (iv)--
[[Page S3386]]
(aa) by striking ``or in-country transfer'' and inserting
``in-country transfer, or provision of remote access''; and
(bb) by inserting ``or such remote access would be
provided'' after ``made'';
(V) in clause (v)--
(aa) by striking ``or in-country transfer would'' and
inserting ``in-country transfer, or provision of remote
access would''; and
(bb) by striking ``the subject of such export, reexport, or
in-country transfer would be delivered'' and inserting ``the
subject of the request for a license under paragraph (1)
would be delivered or from which the items would be remotely
accessed''; and
(VI) in clause (vi)--
(aa) by striking ``or in-country transfer on'' and
inserting ``in-country transfer, or provision of remote
access on''; and
(bb) by striking ``the subject of such export, reexport, or
in-country transfer would be delivered'' and inserting ``the
subject of the request for a license under paragraph (1)
would be delivered or from which the items would be remotely
accessed'';
(2) in section 1755(b)(2) (50 U.S.C. 4814(b)(2))--
(A) in subparagraph (C), by inserting ``, and provision of
remote access (in accordance with subsection 1753(c)) to,''
after ``in-country transfers of''; and
(B) in subparagraph (E), by inserting ``, and remote access
(in accordance with subsection 1753(c)) to,'' after ``in-
country transfers of''; and
(3) in section 1756 (50 U.S.C. 4815)--
(A) in subsection (a), in the matter preceding paragraph
(1), by inserting ``, and provision of remote access (in
accordance with subsection 1753(c)) to,'' after ``in-country
transfer of''; and
(B) in subsection (b), by inserting ``, or provide remote
access (in accordance with subsection 1753(c)) to,'' after
``in-country transfer'';
(4) in section 1757(a) (50 U.S.C. 4816(a)), by inserting
``, or provision of remote access to,'' after ``in-country
transfer of'';
(5) in section 1758(b) (50 U.S.C. 4817(b))--
(A) in paragraph (1), by inserting ``, or provision of
remote access (in accordance with subsection 1753(c)) to,''
after ``in-country transfer of'';
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``, or provision of
remote access (in accordance with subsection 1753(c)) to,''
after ``in-country transfer of'';
(ii) in subparagraph (C), by inserting ``, or the provision
of remote access (in accordance with subsection 1753(c)) to
that technology from,'' after ``to or in'';
(C) in paragraph (3)--
(i) in subparagraph (A), by inserting ``, or provision of
remote access to,'' after ``in-country transfer of'';
(ii) in subparagraph (B)--
(I) by inserting ``, or provision of remote access to,''
after ``in-country transfer of''; and
(II) by striking ``or transfer'' and inserting ``transfer,
or provision of remote access''; and
(iii) in subparagraph (C), by inserting ``, or provision of
remote access to,'' after ``in-country transfer of''; and
(D) in paragraph (4)(C), in the matter preceding clause
(i), by inserting ``, or provision of remote access to,''
after ``in-country transfer of'';
(6) in section 1760 (50 U.S.C. 4819)--
(A) in subsection (a)(2)(F)(iii), by inserting ``, or
remote access (in accordance with subsection 1753(c)) to,''
after ``in-country transfer of'';
(B) in subsection (c)(1)(C), by striking ``or in-country
transfer'' and inserting ``in-country transfer, or remotely
access (in accordance with subsection 1753(c)),''; and
(C) in subsection (e)(1)(A)--
(i) in clause (i), by inserting ``, or remotely access (in
accordance with subsection 1753(c)),'' after ``United
States''; and
(ii) in clause (ii), by inserting ``, or remotely access
(in accordance with subsection 1753(c)),'' after ``in-country
transfer'';
(7) in section 1761 (50 U.S.C. 4820)--
(A) in subsection (d)(2), by striking ``export'' each place
it appears and inserting ``export control''; and
(B) in subsection (h)(1)(B), by inserting ``, or provide
remote access to,'' after ``in-country transfer'';
(8) in section 1765(a)(1) (50 U.S.C. 4824(a)(1)), by
inserting ``, and provision of remote access to,'' after
``in-country transfers of''; and
(9) in section 1767 (50 U.S.C. 4825)--
(A) in subsection (a), by inserting ``, or remote access
to,'' after ``reexport of''; and
(B) in subsection (b)(2)--
(i) in subparagraph (A), by inserting ``, and remote access
by and provision of remote access to such persons to,'' after
``persons of''; and
(ii) in subparagraph (C), by striking ``or in-country
transferred'' and inserting ``in-country transferred, or
remotely accessed''.
(f) Rule of Construction.--Nothing in the section or the
amendments made by this section shall be construed to limit
the authority of the President under the Export Controls
Reform Act of 2018, as in effect on the day before the date
of the enactment of this Act.
(g) Termination.--The authority under part I of the Export
Control Reform Act of 2018, as amended by this section, to
impose controls on remote access to items terminates on the
date that is 10 years after the date of the enactment of this
Act.
SEC. 1273. CONSULTATIONS WITH CONGRESS.
The Secretary of Commerce shall ensure Congress is kept
fully and currently informed of any anticipated promulgation
of regulations to control remote access to items under the
Export Control Reform Act of 2018, as amended by section
1272, including ensuring that Congress is informed, in a
classified setting as necessary, on--
(1) the national security or foreign policy risk addressed
by the regulations;
(2) how the method of the regulations addresses that risk;
and
(3) how the regulations may impact the economy and
international competitiveness of the United States.
SEC. 1274. REPORT AND RECOMMENDATIONS.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Commerce shall
submit to Congress and make available to the public a report
assessing and making recommendations with respect to--
(1) the implementation of this subtitle and the amendments
made by this subtitle;
(2) maximizing the level of privacy, and minimizing
compliance costs, for entities seeking licenses relating to
remote access to items under the Export Control Reform Act of
2018, as amended by section 1272;
(3) identifying relevant national security and foreign
policy concerns related to remote access to items in the
interest of improving certainty for United States businesses;
(4) increasing cooperation with international partners with
respect to remote access to items;
(5) ensuring export controls relating to remote access to
items are consistent, clear, and up to date; and
(6) recommending further amendments to the Export Control
Reform Act of 2018.
(b) Consultations.--In developing the report required by
subsection (a), the Secretary shall seek input from the
public, including holding a public roundtable with industry
participants.
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