[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.

                          ____________________