US Codex
Bill
Notes

H.R. 8152 — what changed

Remote Access Security Act

From Introduced in House to Engrossed in House. 1 section amended between Introduced in House and Engrossed in House.

Sec. 2 Control of remote access of items under the Export Control Reform Act of 2018

changed The Export Control Reform Act of 2018 is amended as follows:amended—

(1)
changed In in section 1742 (50 U.S.C. 4801), by adding at the end the following:

changed “(15) Remote access—The term “remote access” means—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—

changed “(A) access to training 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; orartificial intelligence model that could—

changed “(B) any other form of access specified in regulations promulgated by “(i) substantially lower the Secretary.”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;

added “(ii) enable offensive cyber operations through automated vulnerability discovery and exploitation against a wide range of potential targets of cyber attacks; or

added “(iii) permit the evasion of human control or oversight of automated systems through means of deception or obfuscation; or

added “(B) accessing a quantum computer that could enable offensive cyber operations or other risks to national security; or

added “(C) accessing hacking tools.”

(2)
changed In in section 1752 (50 U.S.C. 4811)—
(A)
in paragraph (1)—
(i)
changed in subparagraph (A), by inserting “or remote access of such items” access” after “export of items”; “export”; and
(ii)
changed in subparagraph (B), by inserting “or remote access of such items” access” after “export of items”; “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)
changed in subparagraph (A), by inserting “or remote access” after “the release”.(A)—
(I)
added in the matter preceding clause (i), by striking “release” and inserting “release or remote access”;
(II)
added in clause (iv), by striking “; or” and inserting a semicolon;
(III)
added in clause (v), by striking the period at the end and inserting “; or”; and
(IV)
added by adding at the end the following:

added “(vi) offensive cyber operations.”

(3)
changed In 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:

changed “(3) the remote access of items subject to the jurisdiction of the United States by a foreign person.”to—

added “(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

added “(B) the functions of such items.”

(B)
in subsection (b)—
(i)
changed in paragraph (6), by striking “and” at the end;redesignating paragraphs (3) through (7) as paragraphs (4) through (8), respectively; and
(ii)
changed in paragraph (7), by striking the period at the end and inserting “; and”; andafter paragraph (2) the following:

added “(3) regulate the remote access by foreign persons of items as described in subsection (a)(3);”

(iii)
removed by adding at the end the following:

removed “(8) regulate the remote access of items described in (a)(3).”

(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)
changed by striking “subsections (b)(1) or (b)(2)” and inserting “subsections (b)(1), (b)(2), or (b)(8)”.(b)(3)”;
(4)
changed In in section 1754 (50 U.S.C. 4813)—
(A)
in subsection (a)—
(i)
changed in paragraph (3), by inserting striking “and remote access of controlled items” after in-country transfers” and inserting “in-country transfers of controlled items”;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)
changed in paragraph (6), (10), by striking “United States export control” “or in-country transferred” and inserting “United States control”;“in-country transferred, or remotely accessed”;
(v)
removed in paragraph (7), by striking “export controls” and inserting “controls”;
(vi)
removed in paragraph (10), by striking “or in-country transferred” and inserting “in-country transferred or accessed remotely”;
(v)
renumbered was (6)(2)(8) in paragraph (11), by adding at the end before the semicolon the following: “or remote access”; and
(vi)
added in paragraph (15), by adding at the end before “; and” the following: “or remotely access (including the provision thereof)”;
(viii)
removed 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)
changed in subsection (d)(1)(A), (d)(1), by striking “or in-country transfer” and inserting “in-country transfer, or remote access”.amending subparagraph (A) to read as follows:

added “(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)
changed In in section 1755 1755(b)(2) (50 U.S.C. 4814)—4814(b)(2))—
(A)
removed in subsection (b)(2)—
(A)
renumbered was (7)(2)(2) in subparagraph (C), by striking “and in-country transfers” and inserting “in-country transfers, and remote access”; and
(B)
renumbered was (7)(2)(3) in subparagraph (E), by striking “and in-country transfers” and inserting “in-country transfers, and remote access”; and
(B)
removed in subsection (c), by striking “export controls” and inserting “controls”.
(6)
changed In 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)
changed in subsection (b), by striking “or in-country transfer” and inserting “in-country transfer, or remote access”.access”;
(7)
changed In in section 1757 1757(a) (50 U.S.C. 4816)—4816(a)), by striking “or in-country transfer” and inserting “in-country transfer, or remote access”; and
(A)
removed in subsection (a), by striking “or in-country transfer” and inserting “in-country transfer, or remote access”; and
(B)
removed in subsection (c)(2), by striking “export controls” and inserting “controls”.
(8)
changed In in section 1760 (50 U.S.C. 4819)—
(A)
changed in subsection (a)(2)(F)—(a)(2)(F)(iii), by striking “or in-country transfer” and inserting “in-country transfer, or remote access”;
(i)
removed in clause (ii), by striking “any export control document or any report” and inserting “any document or report”; and
(ii)
removed 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)
changed 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 item, or remotely access any item”; and
(ii)
changed in clause (ii), by striking “or in-country transfer” and inserting “in-country transfer, or remote access”.access”;
(9)
changed In in section 1761 (50 U.S.C. 4820)—
(A)
changed in subsection (a)(5), by striking “or in-country transferred” and inserting “in-country transferred, or remotely accessed”; andaccessed”;
(B)
changed in subsection (h)(1)(B), (d)(2), by striking “or in-country transfer” “export” each place it appears and inserting “in-country transfer, or remotely access”.“export control”; and
(C)
added in subsection (h)(1)(B), by striking “or in-country transfer” and inserting “in-country transfer, or remotely access”; and
(10)
changed In in section 1767(b)(2)(A) 1767 (50 U.S.C. 4825(b)(2)(A)), by striking “and in-country transfer” and inserting “in-country transfer, or remote access”.4825)—
(A)
added in subsection (a), by striking “or reexport” and inserting “reexport, or remote access”; and
(B)
added in subsection (b)(2)—
(i)
added in subparagraph (A), by striking “and in-country transfer” and inserting “in-country transfer, and remote access”; and
(ii)
added in subparagraph (C), by striking “or in-country transferred” and inserting “in-country transferred, or remotely accessed”.