[Congressional Record Volume 170, Number 114 (Wednesday, July 10, 2024)]
[Senate]
[Pages S4421-S4422]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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''.
                                 ______