Prioritizing National Security in Export Controls Act of 2022
Bill: H.R.9241 | Sponsor: Rep. Banks, Jim (R-IN)
Policy area: Foreign Trade and International Finance

Summary:
Prioritizing National Security in Export Controls Act of 2022
This bill transfers from the Department of Commerce to the Department of Defense (DOD) all authorities regarding implementation and enforcement of matters relating to export control. Specifically, DOD's Defense Technology and Security Administration must carry out these export control activities.

To provide for the transfer of export control authorities from the 
  Department of Commerce to the Department of Defense, 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 ``Prioritizing National Security in 
Export Controls Act of 2022''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) In 2018 Congress on an overwhelming bipartisan basis 
        passed the Export Control Reform Act of 2018 requiring the 
        Department of Commerce to tighten restrictions on transfers of 
        emerging and foundational technologies to high risk countries, 
        especially China, but there has been little progress ever 
        since.
            (2) The Department of Commerce has shown itself inept to 
        reconcile its mission to protect United States national 
        security with its objective of promoting United States exports 
        to high-risk countries, especially China.
            (3) By August 2022, a Department of Commerce-led process 
        that reviews United States technology exports to China has 
        approved almost all requests and has overseen an increase in 
        sales of some particularly important technologies.
            (4) There are only 70 Chinese entities on the Department of 
        Commerce's current entity list, despite that tens of thousands 
        of Chinese entities may meet the United States criteria for 
        military end-user export restrictions.
            (5) The Bureau of Industry and Security, responsible for 
        enforcing export control under the Department of Commerce, has 
        not taken a single action since the passing of the Export 
        Control Reform Act of 2018 to restrict foundational technology 
        from being transferred to China.
            (6) In May 2022, the Bureau of Industry and Security 
        dropped foundational technology as a criterion, culminating its 
        defiance of Congress.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that export control authority should be 
taken away from the Bureau of Industry and Security of the Department 
of Commerce since the Bureau has manifestly been unable to resolve the 
conflict of interest between promoting trade and protecting United 
States national security through enforcing restrictions on technology 
transfer to high-risk countries, especially China.

SEC. 4. TRANSFER OF EXPORT CONTROL AUTHORITIES FROM THE DEPARTMENT OF 
              COMMERCE TO THE DEPARTMENT OF DEFENSE.

    (a) Transfer of Export Control Authorities.--
            (1) In general.--Notwithstanding any provision of the 
        Export Control Reform Act of 2018 or any other provision of 
        law, all authorities provided to the Department of Commerce, 
        including the Bureau of Industry and Security, regarding 
        implementation and enforcement of matters relating to export 
        control shall be transferred to and carried out by the Defense 
        Technology and Security Administration of the Department of 
        Defense.
            (2) Implementation.--The Secretary of Commerce and the 
        Secretary of Defense shall take such actions, including the 
        promulgation of regulations, as may be necessary to implement 
        or otherwise carry out this subsection.
    (b) Transfer of Amounts.--Twenty percent of the unobligated 
balances, as of the date of the enactment of this Act, of amounts made 
available for ``department of commerce--bureau of industry and 
security--operations and administration'' account for fiscal year 2022 
shall be transferred to and merged with amounts otherwise made 
available to the Defense Technology and Security Administration for 
such fiscal year to carry out subsection (a).
    (c) Prohibition on Transfer of Certain Senior Executive Service 
Positions.--
            (1) In general.--Notwithstanding any other provision of 
        law, beginning on the date of the enactment of this Act, no 
        individual employed in a Senior Executive Service position 
        related to export control in Department of Commerce, including 
        the Bureau of Industry and Security, may be permitted to 
        transfer from such position to a position in the Defense 
        Technology and Security Administration of the Department of 
        Defense.
            (2) Senior executive service position defined.--In this 
        subsection, the term ``Senior Executive Service position'' has 
        the meaning given that term in section 3132(a)(2) of title 5, 
        United States Code.
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