[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7151 Referred in Senate (RFS)]
<DOC>
118th CONGRESS
2d Session
H. R. 7151
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 10, 2024
Received; read twice and referred to the Committee on Banking, Housing,
and Urban Affairs
_______________________________________________________________________
AN ACT
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.--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 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) 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.
Passed the House of Representatives September 9, 2024.
Attest:
KEVIN F. MCCUMBER,
Clerk.