S.Amdt. 3567

This amendment, known as the Remote Access Security Act, aims to change and add to the Export Control Reform Act of 2018. Its primary purpose is to allow the United States to regulate and control how foreign persons of concern use cloud computing services to remotely access specific items under U.S. jurisdiction that are listed on the Commerce Control List.

The amendment adds the following to the law:

• Definitions: It defines remote access as a foreign person of concern using a cloud computing service to access an item from a different physical location. This applies if the Secretary determines the use poses a serious risk to U.S. national security or foreign policy. Examples of risks include:

  • Training AI models that lower the barrier to creating weapons of mass destruction.
  • Conducting offensive cyber operations.
  • Evading human oversight of automated systems.
  • Accessing quantum computers for offensive cyber operations.
  • Analyzing sensitive personally identifiable data.
  • Blocking access to online platforms like social media and websites.

• Expanded Authority: It expands the President's and Secretary's authority to regulate, license, and penalize the provision of remote access to these items, treating it similarly to an export, reexport, or in-country transfer.

• Accountability and Oversight:

  • The Secretary of Commerce must seek public comment and keep specific congressional committees informed about new regulations and their impact on the U.S. economy and cloud service industry.
  • The Secretary must submit a report to Congress and the public within 100 days regarding license review speeds, national security concerns, and recommendations for addressing remote access.

• Termination: The authority to impose these remote access controls expires 5 years after the Act is enacted.