Remote Access Security Act
What changed between versions
The definition of 'remote access' was substantially narrowed. The Introduced version covered any network-based access by a foreign person to any item under US jurisdiction. The Engrossed version limits it to items on the Commerce Control List (Supplement No. 1 to part 774 of EAR) and requires that use of the item's functions 'may pose a serious risk to national security or foreign policy,' specifically listing AI model training for WMD/cyber capabilities, quantum computer access, and hacking tools as qualifying risks.
Section 1753(a)(3) now requires the President to determine that items 'warrant controls with respect to access by foreign persons or countries of concern' before remote access controls can be imposed. The Introduced version had no such Presidential determination requirement and did not reference 'countries of concern.'
Section 1754(d)(1)(A) was expanded in the Engrossed version to explicitly cover 'remote access to items described in section 1742(15), including, in both cases, items that are not subject to control under this part.' This means enforcement can reach remote access to items even when those items would not otherwise be controlled under the export control framework.
Section 1767(a) now includes 'or remote access' after 'reexport,' extending the scope of that provision beyond what the Introduced version addressed (which only amended subsection (b)(2)).
Section 1753(b) regulatory authority was restructured. The Engrossed version redesignates paragraphs and inserts a new paragraph (3) specifying authority to 'regulate the remote access by foreign persons of items as described in subsection (a)(3),' adding the explicit 'by foreign persons' limitation that was absent in the Introduced version.
The Introduced version included a change to Section 1760(a)(2)(F)(ii) replacing 'any export control document or any report' with 'any document or report.' This change was dropped in the Engrossed version.
Section 1761(d)(2) now includes a change replacing 'export' with 'export control' each place it appears, which was not present in the Introduced version.
