[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7151 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 7151

To amend the Export Control Reform Act of 2018 to provide for expedited 
 consideration of proposals for additions to, removals from, or other 
  modifications with respect to entities on the Entity List, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 30, 2024

Mrs. Wagner (for herself and Mr. McCaul) introduced the following bill; 
         which was referred to the Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
To amend the Export Control Reform Act of 2018 to provide for expedited 
 consideration of proposals for additions to, removals from, or other 
  modifications with respect to entities on the Entity List, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Export Control Enforcement and 
Enhancement Act''.

SEC. 2. EXPEDITED CONSIDERATION OF PROPOSALS FOR ADDITIONS TO, REMOVALS 
              FROM, OR OTHER MODIFICATIONS WITH RESPECT TO ENTITIES ON 
              THE ENTITY LIST.

    Section 1754 of the Export Control Reform Act of 2018 (50 U.S.C. 
4813) is amended by adding at the end the following:
    ``(g) Expedited Consideration of Proposals for Additions to, 
Removals From, or Other Modifications With Respect to Entities on the 
Entity List.--
            ``(1) In general.--The Secretary of State, the Secretary of 
        Defense, the Secretary of Energy, or the heads of other Federal 
        agencies as appropriate may submit to the Secretary proposals 
        for additions to, removals from, or other modifications with 
        respect to entities on the list required by subsection (a).
            ``(2) Consideration by committee.--The Secretary shall 
        submit to the Committee each proposal submitted under paragraph 
        (1) and, subject to paragraph (3), the Committee shall vote to 
        approve or disapprove the proposal by not later than the date 
        that is 30 days after the date on which the Committee receives 
        the proposal from the Secretary.
            ``(3) Additional information.--The Chair of the Committee, 
        with the concurrence of the head of the Federal agency that 
        submitted the proposal under paragraph (1), may suspend the 
        time period specified in paragraph (2) with respect to 
        consideration of the proposal if the Chair and the head of the 
        agency determine that additional information is required in 
        order make a determination with respect to the proposal.
            ``(4) Committee defined.--In this subsection, the term 
        `Committee' means--
                    ``(A) the End-User Review Committee established 
                under section 744.16(d) of title 15, Code of Federal 
                Regulations; or
                    ``(B) any successor committee.''.

SEC. 3. LICENSING AND PRESUMPTION OF DENIAL REQUIREMENTS RELATING TO 
              THE ENTITY LIST.

    (a) In General.--The Secretary of Commerce shall--
            (1) require a license for the export, reexport, release, or 
        in-country transfer of any item (including software and 
        technology) included on the Commerce Control List that is 
        controlled for national security reasons to or in a country 
        subject to an embargo, including an arms embargo, imposed by 
        the United States or to any foreign person included on the 
        Entity List; and
            (2) except as provided by subsection (b), apply a 
        presumption of denial for an export, reexport, release, or in-
        country transfer of an item described in paragraph (1).
    (b) Exception.--
            (1) In general.--The Secretary is not required to apply a 
        presumption of denial under subsection (a)(2) for an export, 
        reexport, release, or in-country transfer of an item described 
        in subsection (a)(1) if the Secretary, in concurrence with all 
        the members of the Committee determines that the recipient of 
        the item has, by clear and convincing evidence, demonstrated in 
        detail that the item will not be diverted or otherwise used for 
        any purpose outside its intended end-use and end-user.
            (2) Congressional notification.--The Secretary shall submit 
        the appropriate congressional committees a notification not 
        later than 15 days after--
                    (A) the Secretary makes a determination under 
                paragraph (1) not to apply a presumption of denial; or
                    (B) removing the national security as the reason 
                for a control on any item on the Commerce Control List.
    (c) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs of the House 
                of Representatives; and
                    (B) the Committee on Banking, Housing, and Urban 
                Affairs of the Senate.
            (2) Commerce control list.--The term ``Commerce Control 
        List'' means list maintained by the Bureau of Industry and 
        Security of the Department of Commerce and set forth in 
        Supplement No. 1 to Part 774 of the Export Administration 
        Regulations.
            (3) Committee.--The term ``Committee'' means--
                    (A) the End-User Review Committee established under 
                section 744.16(d) of title 15, Code of Federal 
                Regulations; or
                    (B) any successor committee.
            (4) Entity list.--The term ``Entity List'' means the list 
        maintained by the Bureau of Industry and Security of the 
        Department of Commerce and set forth in Supplement No. 4 to 
        part 744 of the Export Administration Regulations, or successor 
        regulations.
            (5) Export administration regulations.--The term ``Export 
        Administration Regulations'' means the regulations set forth in 
        subchapter C of chapter VII of title 15, Code of Federal 
        Regulations, or successor regulations.
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