[Congressional Record Volume 170, Number 139 (Monday, September 9, 2024)]
[House]
[Pages H5083-H5084]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXPORT CONTROL ENFORCEMENT AND ENHANCEMENT ACT
Mrs. WAGNER. Mr. Speaker, I move to suspend the rules and pass the
bill (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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 7151
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.--Any member of the End-User Review
Committee may submit a proposal directly to the Committee
requesting a vote of all members of the Committee for
additions to, removals from, or other modifications with
respect to the Entity List. A proposal to add an entity to
the Entity List shall be made in accordance with the
provisions of paragraph (3).
``(2) Consideration.--Subject to paragraph (4)(B), the End-
User Review Committee shall vote to approve or disapprove a
proposal submitted under paragraph (1) not later than 30 days
after the date on which the proposal is submitted to the
Committee.
``(3) Additional information.--The Chair of the End-User
Review Committee, with the concurrence of the member of the
Committee that submitted a proposal under paragraph (1), may
suspend for an additional 15 days the time period specified
in paragraph (2) with respect to consideration of the
proposal if the Chair and the member determine that
additional information is required in order make a
determination with respect to the proposal, including the
impact and effect of the proposal.
``(4) Additions to the entity list.--
``(A) In general.--An entity may be added to the Entity
List if the End-User Review Committee by majority vote of its
members has determined that the entity has engaged, is
engaged, or is at risk of engaging in activities contrary to
the national security or foreign policy interests of the
United States.
``(B) Licensing policy.--
``(i) In general.--Subject to clause (ii), there shall be
in effect a policy of presumption of denial for all
applications for a license to export, reexport, or in-country
transfer any item subject to the Export Administration
Regulations if an entity added to the Entity List under this
subsection is or would be a party to a transaction with
respect to which the application applies.
``(ii) Exception.--The licensing policy required by clause
(i) shall not apply with respect an entity described in such
clause if the members of the End-User Review Committee that
voted to add the entity to the Entity List under this
subsection agree by majority vote of such members to apply a
different policy with respect to the entity for all or
specific types of items subject to the Export Administration
Regulations that would be in the national security and
foreign policy interests of the United States.
``(C) Rule of construction.--Nothing in this paragraph may
be construed to limit or otherwise affect the escalation
procedures described in part 750 of the Export Administration
Regulations.
``(5) Administrative provisions.--
``(A) In general.--Each member of the End-User Review
Committee shall have 1 vote with respect to matters described
in this subsection. The chairperson of the Committee shall
not have the authority to make determinations or override any
voting decision with respect to such matters.
``(B) Suspension of voting period.--The chairperson of the
End-User Review Committee may suspend the 30-day voting
period described in paragraph (2) if the members of the
Committee unanimously agree to postpone the vote.
``(C) Notice; implementing authority.--The chairperson of
the End-User Review Committee shall notify the Assistant
Secretary of Commerce for Export Administration of all final
decisions of the Committee with respect to additions to,
removals from, or other modifications with respect to the
Entity List under this subsection so that the Assistant
Secretary of Commerce for Export Administration may implement
all such modifications.
``(6) Definitions.--In this subsection--
``(A) the terms `End-User Review Committee' and `Committee'
mean--
``(i) the End-User Review Committee established under
section 744.16(d) of title 15, Code of Federal Regulations;
and
``(ii) any successor committee; and
``(B) 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.''.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional commitees.--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) End-user review committee.--The term ``End-User Review
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.
(3) Export, reexport, and in-country transfer.--The terms
``export'', ``reexport'', and ``in-country transfer'' have
the meanings given such terms in section 1742 of the Export
Control Reform Act of 2018 (50 U.S.C. 4801).
(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.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Missouri (Mrs. Wagner) and the gentlewoman from North Carolina (Ms.
Manning) each will control 20 minutes.
The Chair recognizes the gentlewoman from Missouri.
General Leave
Mrs. WAGNER. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and
include extraneous material on this measure.
The SPEAKER pro tempore (Mr. Strong). Is there objection to the
request of the gentlewoman from Missouri?
There was no objection.
Mrs. WAGNER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of my bill, H.R. 7151, the Export
Control Enforcement and Enhancement Act.
The People's Republic of China is bent on supplanting the U.S.
economically and militarily. To do so, it seeks to turn our strengths
against us, using American ingenuity to fuel its own dangerous and
nefarious ambitions.
The U.S. export control regime is an important tool that helps us
guard against China's outright theft of the achievements of America's
brilliant entrepreneurs, inventors, and thinkers. Export controls are
also a powerful tool against adversaries like Iran and Russia,
adversaries that rely on access to ill-gotten foreign technology to
support their violent and destabilizing agendas.
China, Iran, and Russia have formed a new axis of evil to attack our
national security interests and help each other circumvent U.S. export
controls. They have created a massive network designed to maintain the
flow of controlled Western technologies to dictatorships like Russia,
Iran, and North Korea, with China at the center.
To disrupt and destroy this web of evasion, vigilantly updating and
enforcing our export controls is more important today, Mr. Speaker,
than ever before.
However, America is losing the fight to keep our most sensitive
technologies out of enemy hands.
Advanced American tech is being used to advance China's hypersonic
weapons program. It was found in the spy balloon that China sent over
the continental U.S. last year, including directly over my home in St.
Louis, Missouri, that collected data on our most sensitive military
installations. It is turning up in Iranian drones and Russian military
equipment.
In short, wherever our national security interests are at greatest
risk, whether in People's Liberation Army
[[Page H5084]]
laboratories or the military facilities of Iran and its proxies, our
adversaries are exploiting vulnerabilities in our export control regime
and using American products to gain an advantage.
The current export control regime is simply too slow and cumbersome
to prevent Chinese and other companies from accessing sensitive
technologies that can be used to give our adversaries a military edge.
My legislation on the floor today will give the Departments of State,
Defense, and Energy greater ability to propose changes to the entity
list, a roster of foreign companies, research institutions, and
individuals who pose a serious national security risk to the United
States and who are prohibited from purchasing sensitive American
products.
Mr. Speaker, State, Defense, and Energy have deep expertise in the
current threat landscape, and we should use that expertise to make sure
that the entity list is comprehensive and accurate, and the bill makes
sure that their recommendations are acted on rather than languishing in
red tape by setting a 30-day clock to address proposed changes.
These reforms, Mr. Speaker, will make our export control regime agile
and airtight, and they will give the United States the tools to fight
back when our adversaries try to cheat the system.
I thank Chairman McCaul and Ranking Member Meeks for working with me
on this legislation.
Mr. Speaker, I urge each of my colleagues to support this measure,
and I reserve the balance of my time.
Ms. MANNING. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of H.R. 7151, as amended.
Export controls are more than just a bureaucratic tool. They are a key
component of our national security strategy. By ensuring that sensitive
American technology does not fall into the wrong hands, we protect not
only our own interests but also those of our allies around the world.
Under the Biden-Harris administration, the Department of Commerce's
Bureau of Industry and Security has played a crucial role in this
effort. BIS has imposed unprecedented controls against China in the
semiconductor and advanced computing sectors as well as crippling
controls on Russia and Belarus, in partnership with almost 40 other
nations. It has also added nearly 1,000 entities from Russia, China,
Iran, and more than 30 other countries to the entity list, effectively
blocking their access to U.S. technology that could be used against us.
However, as we expand the use of the entity list, it becomes
increasingly important that Congress oversees this process to ensure it
remains rigorous, transparent, and inclusive. This bill does exactly
that.
However, this bill is about more than just process. It is about
safeguarding the future. By ensuring that the End-User Review Committee
operates fairly and efficiently, we strengthen our ability to respond
to emerging threats in a rapidly changing world.
I thank Congresswoman Wagner, Chairman McCaul, and Ranking Member
Meeks for their leadership and bipartisan cooperation on this bill.
In closing, Mr. Speaker, this bill is a vital step in protecting our
national security by ensuring that our export controls are both robust
and fair. It strengthens our ability to prevent sensitive technology
from falling into the wrong hands while maintaining the rigorous
oversight necessary to keep our processes fair, transparent, and
effective.
By passing this measure, we affirm our commitment to safeguarding
American innovation and staying ahead of emerging threats.
Mr. Speaker, I hope my colleagues will join me and support this
important bill, I yield back the balance of my time.
Mrs. WAGNER. Mr. Speaker, I yield myself the balance of my time. In
closing, we must act decisively to ensure that our export controls are
robust, effective, timely, and adaptive to the threats that we face in
today's world.
Mr. Speaker, I urge all Members to support this bipartisan piece of
legislation, H.R. 7151, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Missouri (Mrs. Wagner) that the House suspend the
rules and pass the bill, H.R. 7151, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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