Remote Access Security Act
Officially: “Remote Access Security Act” Read the full text
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1Short title
This section would state that the Act may be called the Remote Access Security Act.
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1. Short title This Act may be cited as the Remote Access Security Act .
2Control of remote access of items under the Export Control Reform Act of 2018
This section would amend the Export Control Reform Act of 2018 so that remote access to a controlled item becomes a regulated activity in its own right, alongside the export and in-country transfer of that item. It would define remote access to mean access to an item subject to United States jurisdiction 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, or any other form of access that the Secretary specifies by regulation. In section 1752, both places in paragraph (1) that currently apply to the export of an item would also apply to remote access of the item; and the part of paragraph (2) that currently applies to the export and in-country transfer of items together would also apply to remote access of items, while a separate part of paragraph (2) covering the release of an item would also cover remote access of the item. Section 1753 would gain a new paragraph identifying the remote access of items subject to United States jurisdiction by a foreign person as an item within the list in subsection (a), and a new paragraph directing that this remote access be regulated, alongside the section's other listed regulatory duties in subsection (b); cross-references elsewhere in that section that currently point to specific listed duties or to export and in-country transfer would be updated to also point to this new remote-access duty and activity. Across sections 1754 through 1757, this section would extend existing references to the export or in-country transfer of items, or to items being exported or in-country transferred, so that they also cover an item being accessed remotely, including cases where a person provides remote access to someone else rather than accessing the item personally. It would also reword several references in those sections so that terms currently limited to export control or export controls read instead as control or controls, so that those terms are not limited to export activity alone. In the Act's provisions on violations and penalties in sections 1760 and 1761, this section would extend prohibitions and enforcement authority that currently cover the export or in-country transfer of an item, including a transfer made outside the United States, so that they also cover remotely accessing an item or providing remote access to it. Separately, in one violation provision in section 1760 concerning false or fraudulent statements or omissions, this section would remove the limitation restricting that prohibition to an export control document or a report, so that the prohibition applies to any document or report. Finally, in section 1767(b)(2)(A), this section would extend that provision's reference to in-country transfer of items so that it also covers remote access of items.
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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— (A) access to an item subject to the jurisdiction of the United States 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; or (B) any other form of access specified in regulations promulgated by the Secretary. . (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 (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 .
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