H.R. 5040 would increase congressional oversight over executive branch implementation of export control regulations.
The House Foreign Affairs Committee on Tuesday cleared legislation that would statutorily authorize the Commerce and State departments to control sensitive exports and thereby remove their current export control authorities from emergency jurisdiction under the International Emergency Economic Powers Act (IEEPA).
Export controls have operated under IEEPA authorities since 2001, when the Export Administration Act (EAA) expired. Though Commerce’s Export Administration Regulations (EAR) no longer exist under a permanent legislative mandate, all regulations previously authorized under the EAA have remained in effect since the statute’s expiration.
In addition to regulations, compliance requirements, controlled item lists, and lists of foreign persons who threaten U.S. national security or foreign policy, the legislation calls for the president to issue guidance to facilitate export control compliance by U.S. and foreign persons, “in particular academic institutions, scientific and research establishments, and small- and medium-sized businesses.”
H.R. 5040, the Export Control Reform Act of 2018, states that export controls should be “fully coordinated” with multilateral export control regimes, adding that multi-country controls “are most effective” and should be tailored to focus on core technologies and other items that could be used to seriously threaten U.S. and allies’ national security.
The legislation directs the president to delegate to the secretaries of Commerce, Defense, State, Energy and, “as appropriate, the director of National Intelligence and the heads of other appropriate federal departments and agencies” to implement export control-related regulations necessary to effectively counteract national security and foreign policy threats.
This would include the authority to participate in review and approval processes related to criteria for additions to and removals from export control lists, as well as the ability to participate in an interagency procedure for compiling and amending U.S. export control lists.
The Bureau of Industry and Security (BIS) generally regulates the export and re-export of sensitive commercial and dual-use items through its Commerce Control List (CCL), while the State Department regulates the export and re-export of defense articles and defense services on its U.S. Munitions List (USML).
The bill specifically authorizes several enforcement actions that the executive branch already undertakes, including monitoring of shipments, inspections, searches, detainments, seizures and temporary denial orders with respect to items subject to export controls or conveyances on which it is believed items have been, are being or are about to be exported, re-exported or transferred in violation of export control law.
“Export controls applied unilaterally to items widely available from foreign sources generally are less effective in preventing end-users from acquiring those items,” the bill says.
The office of House Majority Leader Kevin McCarthy, R-Calif., didn’t respond to a question about when the bill might be considered for a House floor vote.
House committee clears export control bill
