H.R. 8689 — Strategic Export Controls and Border Security Enhancement Act

This section expresses the sense of Congress that the Department of State plays a central role in advancing United States foreign policy and national security interests by engaging in diplomacy to promote nonproliferation objectives, strengthening cooperation with allies and partners on export controls and border security, enhancing foreign governments' strategic trade control systems, and sustaining support for the Office of Export Controls and Border Security within the Bureau of Arms Control and Nonproliferation.

This section establishes the Office of Export Controls and Border Security within the Bureau of Arms Control and Nonproliferation of the Department of State. The Office advances United States foreign policy and national security objectives by strengthening partner countries’ capabilities to protect United States-origin critical technologies and proliferation-sensitive goods, including dual-use items, from diversion, unauthorized transfer, or misuse. In carrying out this purpose, the Office supports the development of legal and regulatory frameworks and licensing systems; strengthens partner capacity to prevent diversion and misuse; enhances detection and interdiction at borders and ports of entry through training, technical assistance, and equipment; assists in securing international trade and disrupting proliferation networks; and conducts other activities as determined by the Under Secretary for Arms Control and International Security.

This section directs the Secretary of State, acting through the Office of Export Controls and Border Security and in consultation with other relevant Federal agencies, to develop and implement a strategy to align and enhance United States foreign assistance in export controls, reduce evasion and diversion risks for proliferation-sensitive and dual-use goods, and promote secure global supply chains. The strategy must address interagency and foreign government coordination, identification of priority regions and transit hubs, engagement with allies and multilateral entities on interoperable standards, and use of artificial intelligence and advanced analytics tools. Not later than 180 days after enactment, the Secretary must submit an unclassified report on the strategy, which may include a classified annex, to the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations. This section also authorizes the Secretary to establish procedures for coordination, deconfliction, and joint planning among the Bureau of International Narcotics and Law Enforcement Affairs, the Bureau of Counterterrorism, the Bureau of Arms Control and Nonproliferation, and other relevant bureaus on border security and export control assistance programs.

This section defines key terms for purposes of the Act. It establishes “proliferation-sensitive goods and related technologies” as 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. It further defines “dual-use” by reference to the meaning given in section 1742 of the Export Control Reform Act of 2018 (50 U.S.C. 4801).