Section 1 Short title
This Act may be cited as the “Strategic Export Controls and Border Security Enhancement Act”.
Strategic Export Controls and Border Security Enhancement Act
A BILL
To authorize to be established an Office of Export Controls and Border Security within the Bureau of Arms Control and Nonproliferation of the Department of State, and for other purposes.
Sec. 2 Sense of Congress
It is the sense of Congress that the Department of State plays a central role in advancing the foreign policy and national security interests of the United States by—
engaging in diplomacy to promote compliance with United States nonproliferation objectives and to strengthen responsible trade in strategic and dual-use items;
strengthening cooperation with allies, partners, and multilateral institutions to prevent the proliferation of weapons of mass destruction and related materials and technologies, including their delivery systems, through implementation of export controls and enhanced border security and customs enforcement;
enhancing the capacity of foreign governments in developing and implementing strategic trade control systems consistent with United States foreign policy objectives and national security; and
supporting an Office of Export Controls and Border Security within the Bureau of Arms Control and Nonproliferation of the Department of State as a core instrument of United States nonproliferation, export control, and border security assistance, including by sustaining cooperation in priority regions to strengthen strategic trade controls, customs enforcement capacity, and interdiction of proliferation-sensitive goods and related technologies, including dual-use items.
Sec. 3 Office of Export Controls and Border Security
Establishment— There is authorized to be established, within the Bureau of Arms Control and Nonproliferation of the Department of State, an Office of Export Controls and Border Security, (in this Act referred to as the “Office”), to perform such functions as the Under Secretary for Arms Control and International Security, or a designee, may prescribe.
Purpose— The purpose of the Office program shall be to advance United States foreign policy and national security objectives by strengthening the capabilities of partner countries to protect United States-origin critical technologies and proliferation-sensitive goods and related technologies, including dual-use items, from diversion, unauthorized transfer, or misuse.
Activities— In carrying out the purpose described under subsection (b), the Office should, as appropriate—
support the development and implementation of legal and regulatory frameworks, licensing systems, and enforcement capabilities governing the export, reexport, and in-country transfer of proliferation-sensitive goods and related technologies, including dual-use items;
strengthen partner country capacity to prevent diversion, unauthorized transfer, or misuse of proliferation-sensitive goods and related technologies, including dual-use items, end-uses and end-users that the Office determines may increase the proliferation of weapons of mass destruction and related materials and technologies;
enhance the ability of partner countries to detect and interdict diversion, unauthorized transfer, or misuse of proliferation-sensitive goods and related technologies, including dual-use items, at borders, ports of entry, and other transit points, including through training, technical assistance, and the provision of appropriate equipment;
assist in—
securing international trade of goods that may increase the proliferation of weapons of mass destruction and related materials and technologies; and
disrupting networks that may increase the proliferation of weapons of mass destruction and related materials and technologies; and
carry out such other activities as the Under Secretary for Arms Control and International Security determines appropriate to advance the purposes of the Office.
Sec. 4 Export controls and border security strategy
In general— The Secretary of State, acting through the Office of Export Controls and Border Security, and in consultation with the heads of each other relevant Federal department or agency the Secretary determines appropriate, shall develop and implement a strategy to align and enhance United States foreign assistance in export controls to strengthen their effectiveness, reduce evasion risks, prevent diversion, unauthorized transfer, or misuse of proliferation-sensitive goods and related technologies, including dual-use items, and promote secure and resilient global supply chains.
Elements— The strategy should include, as appropriate—
coordination across any other relevant Federal department or agency to ensure alignment with respect to export controls and border security programs;
coordination with interagency and foreign government assistance programs, to identify and address gaps in global export controls enforcement that may be exploited by state and non-state actors, and to strengthen border security, customs enforcement, and controls at ports of entry;
identification of priority regions, countries, and transit hubs where the risk of diversion, unauthorized transfer, or misuse of proliferation-sensitive goods and related technologies is significant to inform cooperation under this section;
engagement with allies, partners, and multilateral entities to promote interoperable border security standards, customs modernization, secure trade corridors, and regional cooperation, in coordination with other Bureaus of the Department of State, including the Bureau of International Narcotics and Law Enforcement Affairs and the Bureau of International Organizations; and
use of artificial intelligence tools, and other advanced analytics tools to enhance the effectiveness of the Office’s activities, including risk identification and support for customs enforcement in recipient countries.
Report to Congress— Not later than 180 days after the date of enactment of this Act, the Secretary of State, in consultation with the heads of other relevant Federal departments or agencies, shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report containing the results of the strategy.
Form of report— The strategy shall be submitted in unclassified form, but may include a classified annex if necessary to protect national security interests.
Intra-Departmental coordination—
In general— The Secretary of State may establish procedures to ensure the coordination, integration, and deconfliction of border security assistance programs conducted by—
the Bureau of International Narcotics and Law Enforcement Affairs;
the Bureau of Counterterrorism;
the Bureau of Arms Control and Nonproliferation; and
any other relevant bureau or office of the Department of State the Secretary determines is engaged in such activities.
Elements— The procedures under this subsection should include, as appropriate, measures to—
align assistance programs with United States foreign policy and national security objectives, while seeking to minimize potential duplication;
establish mechanisms for joint planning, deconfliction, implementation, and evaluation of border security and export control assistance programs, where appropriate;
promote efficient use of resources, including coordination of training, equipment, and capacity-building activities in support of United States foreign policy and national security objectives; and
require periodic review of any potential overlapping activities of programs in priority regions.
Sec. 5 Definitions
In this Act:
The term “proliferation-sensitive goods and related technologies” means items, materials, software, or technology that could contribute to the development, production, acquisition, stockpiling, or use of weapons of mass destruction or their means of delivery, or that otherwise present a risk of diversion or misuse for proliferation purposes.
The term “dual-use” has the meaning given in section 1742 of the Export Control Reform Act of 2018 (50 U.S.C. 4801).