This bill broadens the scope of the U.S. export control system to include remote access of controlled items if such access poses a serious risk to U.S. national security or foreign policy.
Remote access means access to an item subject to the jurisdiction of the United States and included on the Commerce Control List 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 such use may pose a serious risk to U.S. national security or foreign policy. This includes (1) training an artificial intelligence model that could, among other actions, substantially lower the barrier of entry for experts or nonexperts to design or use weapons of mass destruction or to enable offensive cyber operations through automated vulnerability discovery and exploitation; (2) accessing a quantum computer that could enable offensive cyber operations or other risks to national security; or (3) accessing hacking tools.
The Export Control Reform Act of 2018 (ECRA), which is implemented through the Export Administration Regulations, provides a permanent statutory basis for controlling the export of dual-use goods (e.g., items with both civilian and military uses) and certain military parts and components. This bill applies export controls under ECRA to remote access of items, thereby allowing the Department of Commerce's Bureau of Industry and Security to issue licenses and impose penalties related to remote access of controlled items.
