HR2683-119

What This Bill Does

The Remote Access Security Act expands export-control law from physical export and in-country transfer to remote access. It defines remote access as a foreign person's access to an item subject to U.S. jurisdiction through a network connection, including the internet or a cloud computing service, from somewhere other than the item's physical location, when the Secretary of Commerce determines that use could create serious national security or foreign policy risk. The bill inserts remote access into Export Control Reform Act authorities for licensing, control lists, enforcement, and regulation, while preserving the existing mens rea standard for criminal liability. It also requires the Secretary of Commerce to keep the House Foreign Affairs Committee and Senate Banking, Housing, and Urban Affairs Committee fully and currently informed about anticipated remote-access control regulations, including classified briefings when needed.

Who Benefits and How

National security agencies benefit from a clearer statutory path to restrict foreign remote use of controlled technology. The Bureau of Industry and Security benefits from explicit authority to regulate remote access alongside exports and in-country transfers. Export control compliance consultants benefit from new demand for remote-access reviews, licensing advice, and compliance programs. Defense contractors and semiconductor manufacturers benefit from clearer legal rules for protecting controlled equipment, data, and technology from risky foreign remote access.

Who Bears the Burden and How

Cloud computing providers must assess whether foreign users can remotely access controlled items through their infrastructure. SaaS companies must evaluate remote access to export-controlled technology by foreign users. U.S. research universities must manage remote access by foreign researchers to controlled equipment, data, or research tools. Technology companies with foreign employees and technology companies with foreign contractors face compliance burdens when remote access could become regulated. The Secretary of Commerce and Bureau of Industry and Security must draft regulations, administer licensing and enforcement, and brief Congress on national security risks, regulatory methods, economic effects, affected entities, and burdens.

Key Provisions

• Adds a remote access definition to the Export Control Reform Act for foreign-person network access to U.S.-jurisdiction items when Commerce identifies serious national security or foreign policy risk.
• Expands export-control authorities to cover remote access alongside export, reexport, release, and in-country transfer controls.
• Authorizes Commerce to regulate remote access to covered items and incorporate remote access into licensing, restrictions, and enforcement frameworks.
• Preserves the existing criminal-liability mens rea standard under section 1760.
• Requires the Secretary of Commerce to keep the House Foreign Affairs Committee and Senate Banking Committee informed about anticipated remote-access regulations, including classified briefings when necessary.