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.