To provide for control of remote access of items under the Export Control Reform Act of 2018.
Section 1. Short title
This Act may be cited as the Remote Access Security Act
.
Sec. 2. Control of remote access of items under the Export Control Reform Act of 2018
The Export Control Reform Act of 2018 is amended as follows:
(1)
In section 1742 (50 U.S.C. 4801), by adding at the end the following:
(15) Remote access
The term remote access means access on a purposeful, knowing, reckless, or negligent basis to an item subject to the jurisdiction of the United States under this Act 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 if the Secretary determines that the use of the item could pose a serious risk to the national security or foreign policy of the United States. Nothing in this paragraph may be construed to lower the requisite mens rea required to be proven for criminal liability under section 1760.
(2)
In section 1752 (50 U.S.C. 4811)—
(A)
in paragraph (1)—
(i)
in subparagraph (A), by inserting or remote access of such items
after export of items
; and
(ii)
in subparagraph (B), by inserting or remote access of such items
after export of items
; and
(B)
in paragraph (2)—
(i)
in the matter preceding subparagraph (A), by striking and in-country transfer of items
and inserting in-country transfer, and remote access of items
; and
(ii)
in subparagraph (A), by inserting or remote access
after the release
.
(3)
In section 1753 (50 U.S.C. 4812)—
(A)
in subsection (a)—
(i)
in paragraph (1), by striking and
at the end;
(ii)
in paragraph (2)(F), by striking the period at the end and inserting ; and
; and
(iii)
by adding at the end the following:
(3)
the remote access of items subject to the jurisdiction of the United States by a foreign person.;
(B)
in subsection (b)—
(i)
in paragraph (6), by striking and
at the end;
(ii)
in paragraph (7), by striking the period at the end and inserting ; and
; and
(iii)
by adding at the end the following:
(8)
regulate the remote access of items described in subsection (a)(3). ; and
(C)
in subsection (c)—
(i)
by striking or in-country transfer
each place it appears and inserting in-country transfer, or remote access
; and
(ii)
by striking subsections (b)(1) or (b)(2)
and inserting subsections (b)(1), (b)(2), or (b)(8)
.
(4)
In section 1754 (50 U.S.C. 4813)—
(A)
in subsection (a)—
(i)
in paragraph (3), by striking and in-country transfers
and inserting in-country transfers, and remote access
;
(ii)
in paragraph (4), by striking and in-country transfers
and inserting in-country transfers, and remote access
;
(iii)
in paragraph (5), by striking and in-country transfers
and inserting in-country transfers, and remote access
;
(iv)
in paragraph (6), by striking United States export control
and inserting United States control
;
(v)
in paragraph (7), by striking export controls
and inserting controls
;
(vi)
in paragraph (10), by striking or in-country transferred
and inserting in-country transferred or accessed remotely
;
(vii)
in paragraph (11), by adding at the end before the semicolon the following: or remote access
; and
(viii)
in paragraph (15), by adding at the end before ; and
the following: or remotely access (including the provision thereof)
;
(B)
in subsection (b), by striking or in-country transfer
and inserting in-country transfer, or remote access
; and
(C)
in subsection (d)(1)(A), by striking or in-country transfer
and inserting in-country transfer, or remote access (including the provision thereof)
.
(5)
In section 1755 (50 U.S.C. 4814)—
(A)
in subsection (b)(2)—
(i)
in subparagraph (C), by striking and in-country transfers
and inserting in-country transfers, and remote access (including the provision thereof)
; and
(ii)
in subparagraph (E), by striking and in-country transfers
and inserting in-country transfers, and remote access (including the provision thereof)
; and
(B)
in subsection (c), by striking export controls
and inserting controls
.
(6)
In section 1756 (50 U.S.C. 4815)—
(A)
in subsection (a), in the matter preceding paragraph (1), by striking and in-country transfer
and inserting in-country transfer, and remote access
; and
(B)
in subsection (b), by striking or in-country transfer
and inserting in-country transfer, or provide remote access to
.
(7)
In section 1757 (50 U.S.C. 4816)—
(A)
in subsection (a), by striking or in-country transfer
and inserting in-country transfer, or remote access
; and
(B)
in subsection (c)(2), by striking export controls
and inserting controls
.
(8)
In section 1760 (50 U.S.C. 4819)—
(A)
in subsection (a)(2)(F)—
(i)
in clause (ii), by striking any export control document or any report
and inserting any document or report
; and
(ii)
in clause (iii), by striking or in-country transfer
and inserting in-country transfer, or remote access
;
(B)
in subsection (c)(1)(C), by striking or in-country transfer
and inserting in-country transfer, or remotely access (including the provision thereof)
; and
(C)
in subsection (e)(1)(A)—
(i)
in clause (i), by striking or in-country transfer outside the United States any item
and inserting in-country transfer outside the United States any item or remotely access any item (or provide such access)
; and
(ii)
in clause (ii), by striking or in-country transfer
and inserting in-country transfer of items, or provide remote access to items
.
(9)
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
.
(10)
In section 1767(b)(2)(A) (50 U.S.C. 4825(b)(2)(A)), by striking and in-country transfer
and inserting in-country transfer, or remote access
.
Sec. 3. Consultation with Congress
(a) In general
The Secretary of Commerce shall ensure that the appropriate congressional committees are kept fully and currently informed of any anticipated promulgation of regulations to control the remote access of items under the Export Control Reform Act of 2018, as amended by section 2, including ensuring such committees are informed, in a classified setting as necessary, on—
(1)
the national security risk that would be addressed by the regulations;
(2)
how the method of the regulations addresses the national security risk; and
(3)
how the regulations may impact the economy of the United States.
(b) Rule of construction
Nothing in this section may be construed to require the approval of the appropriate congressional committees as a condition precedent to the exercise of an authority under the Export Control Reform Act of 2018, as amended by section 2.
(c) Appropriate congressional committees defined
In this section, the term appropriate congressional committees means—
(1)
the Committee on Foreign Affairs of the House of Representatives; and
(2)
the Committee on Banking, Housing, and Urban Affairs of the Senate.