Remote Access Security Act

Bill: 118-hr-8152
Sponsor: full_name: Rep. Lawler, Michael [R-NY-17]
Introduced: 2024-04-29
Policy area: Foreign Trade and International Finance
Subjects: Computers and information technology

Presidents and presidential powers, Vice Presidents

Trade restrictions
Latest action: action_date: 2024-09-10
text: Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

Summaries:
action_date: 2024-04-29
action_desc: Introduced in House
text: <p><strong>Remote Access Security Act</strong></p><p>This bill broadens the scope of the U.S. export control system to include remote access of items. <em>Remote access</em> means (1) access to an item subject to the jurisdiction of the United States 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; or (2) any other form of access specified in regulations promulgated by the Department of Commerce.</p><p>The Export Control Reform Act of 2018 (ECRA), which is implemented through the Export Administration Regulations, provides a permanent statutory basis for controlling the export of dual-use goods (e.g., items with both civilian and military uses) and certain military&nbsp;parts and components. This bill applies export controls under&nbsp;ECRA to remote access of items, thereby allowing Commerce's Bureau of Industry and Security to issue licenses and impose penalties related to remote access of controlled items.</p>

action_date: 2024-09-09
action_desc: Passed House
text: <p><strong>Remote Access Security Act</strong></p><p>This bill broadens the scope of the U.S. export control system to include remote access of controlled items if such access&nbsp;poses a serious risk to U.S. national security or foreign policy.</p><p><em>Remote access</em> means access to an item subject to the jurisdiction of the United States  and included on the Commerce Control List 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 such use may pose a serious risk to U.S. national security or foreign policy. This includes (1) training an artificial intelligence model that could, among other actions,&nbsp;substantially lower the barrier of entry for experts or nonexperts to design&nbsp;or use weapons of mass destruction&nbsp;or to enable offensive cyber operations through automated vulnerability discovery and exploitation; (2) accessing a quantum computer that could enable offensive cyber operations or other risks to national security; or (3) accessing hacking tools.</p><p>The Export Control Reform Act of 2018 (ECRA), which is implemented through the Export Administration Regulations, provides a permanent statutory basis for controlling the export of dual-use goods (e.g., items with both civilian and military uses) and certain military&nbsp;parts and components. This bill applies export controls under&nbsp;ECRA to remote access of items, thereby allowing the Department of Commerce's Bureau of Industry and Security to issue licenses and impose penalties related to remote access of controlled items.</p>

tv_txt: IIB 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.

1. Short title This Act may be cited as the Remote Access Security Act . 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. Kevin F. McCumber, Clerk.

tv_txt: I 118th CONGRESS 2d Session H. R. 8152 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend the Export Control Reform Act of 2018 to provide for control of remote access of items, and for other purposes.

1. Short title This Act may be cited as the Remote Access Security Act . 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. Kevin F. McCumber, Clerk.

tv_txt: I 118th CONGRESS 2d Session H. R. 8152 IN THE HOUSE OF REPRESENTATIVES April 29, 2024 Mr. Lawler (for himself, Mr. Jackson of North Carolina , Mr. McCormick , and Ms. Crockett ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To amend the Export Control Reform Act of 2018 to provide for control of remote access of items, and for other purposes.

1. Short title This Act may be cited as the Remote Access Security Act . 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— (A) access to an item subject to the jurisdiction of the United States 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; or (B) any other form of access specified in regulations promulgated by the Secretary. . (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 (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 inserting and remote access of controlled items after in-country transfers of controlled items ; (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 ; (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”. (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 ; and (ii) in subparagraph (E), by striking and in-country transfers and inserting in-country transfers, and remote access ; 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 remote access”. (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 ; 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”; and (B) in subsection (h)(1)(B), by striking or in-country transfer and inserting in-country transfer, or remotely access . (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 .