Section 1 Short title
This Act may be cited as the “Remote Access Security Act”.
Remote Access Security Act
AN ACT
To provide for control of remote access of items under the Export Control Reform Act of 2018.
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:
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.”
In section 1752 (50 U.S.C. 4811)—
in paragraph (1)—
in subparagraph (A), by inserting “or remote access of such items” after “export of items”; and
in subparagraph (B), by inserting “or remote access of such items” after “export of items”; and
in paragraph (2)—
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
in subparagraph (A), by inserting “or remote access” after “the release”.
In section 1753 (50 U.S.C. 4812)—
in subsection (a)—
in paragraph (1), by striking “and” at the end;
in paragraph (2)(F), by striking the period at the end and inserting “; and”; and
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.”
in subsection (b)—
in paragraph (6), by striking “and” at the end;
in paragraph (7), by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(8) regulate the remote access of items described in subsection (a)(3).”
in subsection (c)—
by striking “or in-country transfer” each place it appears and inserting “in-country transfer, or remote access”; and
by striking “subsections (b)(1) or (b)(2)” and inserting “subsections (b)(1), (b)(2), or (b)(8)”.
In section 1754 (50 U.S.C. 4813)—
in subsection (a)—
in paragraph (3), by striking “and in-country transfers” and inserting “in-country transfers, and remote access”;
in paragraph (4), by striking “and in-country transfers” and inserting “in-country transfers, and remote access”;
in paragraph (5), by striking “and in-country transfers” and inserting “in-country transfers, and remote access”;
in paragraph (6), by striking “United States export control” and inserting “United States control”;
in paragraph (7), by striking “export controls” and inserting “controls”;
in paragraph (10), by striking “or in-country transferred” and inserting “in-country transferred or accessed remotely”;
in paragraph (11), by adding at the end before the semicolon the following: “or remote access”; and
in paragraph (15), by adding at the end before “; and” the following: “or remotely access (including the provision thereof)”;
in subsection (b), by striking “or in-country transfer” and inserting “in-country transfer, or remote access”; and
in subsection (d)(1)(A), by striking “or in-country transfer” and inserting “in-country transfer, or remote access (including the provision thereof)”.
In section 1755 (50 U.S.C. 4814)—
in subsection (b)(2)—
in subparagraph (C), by striking “and in-country transfers” and inserting “in-country transfers, and remote access (including the provision thereof)”; and
in subparagraph (E), by striking “and in-country transfers” and inserting “in-country transfers, and remote access (including the provision thereof)”; and
in subsection (c), by striking “export controls” and inserting “controls”.
In section 1756 (50 U.S.C. 4815)—
in subsection (a), in the matter preceding paragraph (1), by striking “and in-country transfer” and inserting “in-country transfer, and remote access”; and
in subsection (b), by striking “or in-country transfer” and inserting “in-country transfer, or provide remote access to”.
In section 1757 (50 U.S.C. 4816)—
in subsection (a), by striking “or in-country transfer” and inserting “in-country transfer, or remote access”; and
in subsection (c)(2), by striking “export controls” and inserting “controls”.
In section 1760 (50 U.S.C. 4819)—
in subsection (a)(2)(F)—
in clause (ii), by striking “any export control document or any report” and inserting “any document or report”; and
in clause (iii), by striking “or in-country transfer” and inserting “in-country transfer, or remote access”;
in subsection (c)(1)(C), by striking “or in-country transfer” and inserting “in-country transfer, or remotely access (including the provision thereof)”; and
in subsection (e)(1)(A)—
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
in clause (ii), by striking “or in-country transfer” and inserting “in-country transfer of items, or provide remote access to items”.
In section 1761 (50 U.S.C. 4820)—
in subsection (a)(5), by striking “or in-country transferred” and inserting “in-country transferred, or remotely accessed”; and
in subsection (h)(1)(B), by striking “or in-country transfer” and inserting “in-country transfer of items, or provide remote access to items”.
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
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—
the national security risk that would be addressed by the regulations;
how the method of the regulations addresses the national security risk; and
how the regulations may impact the economy of the United States.
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.
Appropriate congressional committees defined— In this section, the term appropriate congressional committees means—
the Committee on Foreign Affairs of the House of Representatives; and
the Committee on Banking, Housing, and Urban Affairs of the Senate.