[Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)]
[Senate]
[Page S3357]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6168. Ms. WARREN submitted an amendment intended to be proposed by 
her to the bill S. 4784, to authorize appropriations for fiscal year 
2027 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 end of division A, add the following:

               TITLE XVII--ENFORCEMENT OF EXPORT CONTROLS

     SEC. 1701. SHORT TITLE.

       This title may be cited as the ``Improving Export 
     Enforcement Act of 2026''.

     SEC. 1702. REQUIREMENT TO MAINTAIN EXPORT COMPLIANCE PROGRAM.

       Section 1760(a)(2) of the Export Control Reform Act of 2018 
     (50 U.S.C. 4819(a)(2)) is amended by adding at the end the 
     following:
       ``(K) No person may fail to establish, maintain, or enforce 
     an export compliance program required of that person by the 
     Export Administration Regulations, or any order, license, or 
     authorization issued thereunder.''.

     SEC. 1703. EXPORT COMPLIANCE PROGRAMS.

       (a) In General.--The Secretary of Commerce may prescribe 
     regulations requiring persons engaging in covered export 
     activities to establish, maintain, and enforce export 
     compliance programs.
       (b) Elements.--The Secretary may require, in regulations 
     prescribed under subsection (a), that an export compliance 
     program include--
       (1) the development of internal policies, procedures, and 
     controls with respect to compliance with export controls;
       (2) a risk assessment and export authorization process, 
     including screening and resolution of abnormal circumstances 
     that indicate that an item may be destined for an 
     unauthorized end-use, end-user, or destination;
       (3) the designation of an export compliance officer or 
     individual responsible for administering the program;
       (4) a program for providing ongoing training to employees 
     with respect to compliance with export controls; and
       (5) an audit function to test the program.
       (c) Definitions.--In this section:
       (1) Covered export activities.--The term ``covered export 
     activities'' includes, at a minimum, activities subject to 
     the Export Administration Regulations, or any order, license, 
     or authorization issued thereunder, that involve--
       (A) items that the Secretary determines present a 
     heightened risk of diversion, evasion, unauthorized export, 
     unauthorized reexport, or unauthorized in-country transfer;
       (B) destinations that the Secretary determines present a 
     heightened risk of diversion, evasion, unauthorized export, 
     unauthorized reexport, or unauthorized in-country transfer; 
     and
       (C) high-volume exports, reexports, or in-country transfers 
     of advanced computing integrated circuits, computers, 
     electronic assemblies, or related products classified under 
     Export Control Classification Numbers 3A090, 4A090, related 
     .z numbers, or any functionally equivalent item.
       (2) Export administration regulations; export; in-country 
     transfer; item; reexport.--The terms ``Export Administration 
     Regulations'', ``export'', ``in-country transfer'', ``item'', 
     and ``reexport'' have the meanings given those terms in 
     section 1742 of the Export Control Reform Act of 2018 (50 
     U.S.C. 4801).

     SEC. 1704. APPLICABILITY.

       This title, and the amendments made by this title, shall 
     apply with respect to a violation of the Export Control 
     Reform Act of 2018 (50 U.S.C. 4801 et seq.), or any 
     regulation, order, or license issued under that Act, 
     committed on or after the date of the enactment of this Act.
                                 ______