S.Amdt. 2187

SA 2187. Mr. WYDEN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title X , insert the following:

SEC. 10__. CONTROL OF REMOTE ACCESS OF ITEMS UNDER THE EXPORT
CONTROL REFORM ACT OF 2018.

The Export Control Reform Act of 2018 is amended--
(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''
after ``export''; and
(ii) in subparagraph (B), by inserting ``or remote access''
after ``export''; 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) by redesignating paragraphs (3) through (7) as
paragraphs (4) through (8), respectively; and
(ii) by inserting after paragraph (2) the following:
``(3) 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)(3)'';
(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'';
(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'';
(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''; and
(ii) in subparagraph (E), by striking ``and in-country
transfers'' and inserting ``in-country transfers, and remote
access''; 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

[[Page S4422]]

(B) in subsection (b), by striking ``or in-country
transfer'' and inserting ``in-country transfer, or remote
access'';
(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''; and
(ii) in clause (ii), by striking ``or in-country transfer''
and inserting ``in-country transfer, or remote access'';
(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, or remotely
access''; and
(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, and remote access''.
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