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House Bill 7151
118th Congress(2023-2024)
Export Control Enforcement and Enhancement Act
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Passed House on Sep 9, 2024
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H. R. 7151 (Introduced-in-House)


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.