S.Amdt. 3567

SA 3567. Mr. McCORMICK (for himself and Mr. Wyden) submitted an
amendment intended to be proposed by him to the bill S. 2296, to
authorize appropriations for fiscal year 2026 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 division A, add the following:

TITLE XVII--CONTROL OF REMOTE ACCESS TO ITEMS

SEC. 1701. SHORT TITLE.

This title may be cited as the ``Remote Access Security
Act''.

SEC. 1702. CONTROL OF REMOTE ACCESS OF ITEMS UNDER THE EXPORT
CONTROL REFORM ACT OF 2018.

(a) Definition of Remote Access.--Section 1742 of the
Export Control Reform Act of 2018 (50 U.S.C. 4801) is amended
by adding at the end the following:
``(15) Remote access.--
``(A) In general.--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,
by a foreign person of concern through a cloud computing
service from a location other than where the item is
physically located, if the Secretary determines that the use
of the item has demonstrated a serious risk to the national
security or foreign policy of the United States, such as by
software that is for development, production, or use by--
``(i) intentionally training an artificial intelligence
dual-use model identified by an Export Control Classification
Number that would--

``(I) substantially lower the barrier of entry for experts
or nonexperts to design, synthesize, acquire, or use
chemical, biological, radiological, or nuclear weapons or
other weapons of mass destruction;
``(II) conduct offensive cyber operations through automated
vulnerability discovery and exploitation against a wide range
of potential targets of cyber attacks (other than for the
purpose of research or vulnerability reporting); or
``(III) evade human control or oversight of automated
systems through means of deception or obfuscation;

``(ii) accessing a quantum computer, including a quantum
computer that would enable offensive cyber operations;

[[Page S5333]]

``(iii) collecting or analyzing personally identifiable
sensitive data (as defined in section 2 of the Protecting
Americans' Data from Foreign Adversaries Act of 2024 (15
U.S.C. 9901)); or
``(iv) hindering access at the national or regional level
to online platforms, such as websites, social media networks,
and communication applications.
``(B) Foreign person of concern defined.--For purposes of
subparagraph (A), the term `foreign person of concern'
means--
``(i) a foreign person that is--

``(I) the government of a country specified in section
4872(f)(2) of title 10, United States Code;
``(II) an entity incorporated in such a country; or
``(III) an entity owned or controlled by the government of
such a country; or

``(ii) any person designated by the Secretary under this
subparagraph.''.
(b) Statement of Policy.--Section 1752 of the Export
Control Reform Act of 2018 (50 U.S.C. 4811) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by inserting ``, and provision of
remote access to,'' after ``export of''; and
(B) in subparagraph (B), by inserting ``, and provision
remote access to,'' after ``export of''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by inserting
``, and provision of remote access to,'' after ``transfer
of''; and
(B) in subparagraph (A), in the matter preceding clause
(i), by inserting ``, or provision of remote access to,''
after ``release of''.
(c) Authority of President.--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'' at the end;
(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) remote access to items subject to the jurisdiction of
the United States by foreign persons.'';
(2) in subsection (b)--
(A) in paragraph (6), by striking ``and'' at the end;
(B) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(8) regulate remote access to items described in
subsection (a)(3).''; and
(3) in subsection (c)--
(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 (8) 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) Additional Authorities.--Section 1754 of the Export
Control Reform Act of 2018 (50 U.S.C. 4813) is amended--
(1) in subsection (a)--
(A) in paragraph (3), by inserting ``, and provision of
remote access to,'' after ``transfers of'';
(B) in paragraph (4), by inserting ``, and provision of
remote access to,'' after ``transfers of'';
(C) in paragraph (5), in the matter preceding subparagraph
(A), by inserting ``, and provision of remote access to,''
after ``transfers of'';
(D) in paragraph (6), by striking ``United States export
control'' and inserting ``United States control'';
(E) in paragraph (7), by striking ``export controls'' and
inserting ``controls'';
(F) in paragraph (10), by striking ``or in-country
transferred'' and inserting ``in-country transferred, or
accessed remotely'';
(G) in paragraph (11), by adding at the end before the
semicolon the following: ``or remote access''; and
(H) in paragraph (15), by striking ``to export'' and
inserting ``for export, reexport, in-country transfer, or
provision of remote access'';
(2) in subsection (b), by inserting ``, or provision of
remote access to,'' after ``transfer of''; and
(3) in subsection (d)(1)(A), by inserting ``, or provision
of remote access to,'' after ``in country-transfer of''.
(e) Administration of Controls.--Section 1755 of the Export
Control Reform Act of 2018 (50 U.S.C. 4814) is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (C), by inserting ``, and provision of
remote access to,'' after ``in-country transfers of''; and
(B) in subparagraph (E), by inserting ``, and remote access
to,'' after ``in-country transfers of''; and
(2) in subsection (c), by striking ``export controls'' and
inserting ``controls''.
(f) Licensing.--Section 1756 of the Export Control Reform
Act of 2018 (50 U.S.C. 4815) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting ``, and provision of remote access to,''
after ``in-country transfer of''; and
(2) in subsection (b), by inserting ``, or provide remote
access to,'' after ``in-country transfer''.
(g) Compliance Assistance.--Section 1757 of the Export
Control Reform Act of 2018 (50 U.S.C. 4816) is amended--
(1) in subsection (a), by inserting ``, or provision of
remote access to,'' after ``in-country transfer of''; and
(2) in subsection (c)(2), by striking ``export controls''
and inserting ``controls''.
(h) Penalties.--Section 1760 of the Export Control Reform
Act of 2018 (50 U.S.C. 4819) is amended--
(1) in subsection (a)(2)(F)--
(A) in clause (ii), by striking ``any export control
document or any report'' and inserting ``any document or
report''; and
(B) in clause (iii), by inserting ``, or provision of
remote access to,'' after ``in-country transfer of'';
(2) in subsection (c)(1)(C), by striking ``or in-country
transfer'' and inserting ``in-country transfer, or remotely
access''; and
(3) in subsection (e)(1)(A)--
(A) in clause (i), by inserting ``, or remotely access or
provide remote access to,'' after ``United States''; and
(B) in clause (ii), by striking ``or in-country transfer''
and inserting ``in-country transfer, or remotely access, or
provide remote access to,''.
(i) Enforcement.--Section 1761 of the Export Control Reform
Act of 2018 (50 U.S.C. 4820) is amended--
(1) in subsection (a)(5), by striking ``or in-country
transferred'' and inserting ``in-country transferred, or
remotely accessed''; and
(2) in subsection (h)(1)(B), by inserting ``, or provide
remote access to,'' after ``in-country transfer''.
(3) 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 of items, or
provide remote access to items''.
(j) Annual Report.--Section 1765(a)(1) of the Export
Control Reform Act of 2018 (50 U.S.C. 4824(a)(1)) is amended
by inserting ``, and provision of remote access to,'' after
``in-country transfers of''.
(k) Effect on Other Acts.--Section 1767 of the Export
Control Reform Act of 2018 (50 U.S.C. 4825) is amended--
(1) in subsection (a), by inserting ``, or remote access
to,'' after ``reexport of''; and
(2) in subsection (b)(2)--
(A) in subparagraph (A), by inserting ``, and remote access
by and provision of remote access to such persons to,'' after
``persons of''; and
(B) in subparagraph (C), by striking ``or in-country
transferred'' and inserting ``in-country transferred, or
remotely accessed''.
(l) 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 5 years after the date of the enactment of this
Act.

SEC. 1703. CONSULTATIONS WITH CONGRESS.

(a) In General.--The Secretary of Commerce shall seek
comment from the public with respect to, and ensure the
appropriate congressional committees are 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
1702, including ensuring such committees are informed, in a
classified setting as necessary, on--
(1) the national security or foreign policy risk that would
be addressed by the regulations;
(2) how the method of the regulations addresses that risk;
and
(3) how the regulations may impact the economy of the
United States, including the impact on the competitiveness of
United States industry in cloud services and related
industries as a result of the regulations.
(b) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Banking, Housing, and Urban Affairs of
the Senate; and
(2) the Committee on Foreign Affairs of the House of
Representatives.

SEC. 1704. REPORT AND RECOMMENDATIONS ON DEEMED EXPORTS AND
REMOTE ACCESS.

(a) In General.--Not later than 100 days 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) how remote access to items by individuals might be
addressed under the Export Control Reform Act of 2018;
(2) how to improve the speed and consistency at which
applications for licenses for remote access to items are
reviewed;
(3) identifying relevant national security concerns related
to remote access to items in the interest of improving
certainty for United States businesses.
(b) Consultations.--In developing the report required by
subsection (a), the Secretary shall consult with Congress and
seek input from the public.
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