Three bills introduced in the US House of Representatives between 24 March and 6 April 2026 propose substantial amendments to the Export Control Reform Act of 2018 (ECRA, 50 U.S.C. §§ 4801-4852). Taken together, the measures would extend the enforcement window for violations, accelerate the process for listing restricted end users, broaden interagency participation in rulemaking, and compel a formal government-wide assessment of China's military-civil fusion strategy.
All three bills have been referred to the House Committee on Foreign Affairs. None has yet advanced to markup or floor vote.
Closing the Statute of Limitations Gap: H.R. 8202
H.R. 8202, introduced on 6 April 2026 by Representatives Mackenzie (R) and Castro (D), would amend Section 1760 of ECRA (50 U.S.C. § 4819) to establish a ten-year statute of limitations for both civil enforcement actions and criminal prosecutions arising from export control violations. 1H.R. 8202 — To amend the Export Control Reform Act of 2018 to provide for a ten-year statute of limitations for export control violations
The bill addresses a notable gap in the current enforcement framework. In April 2024, the 21st Century Peace through Strength Act (Pub. L. No. 118-50, Div. D, § 3111) doubled the statute of limitations for violations of the International Emergency Economic Powers Act (IEEPA) and the Trading with the Enemy Act (TWEA) from five to ten years. 221st Century Peace through Strength Act (Pub. L. No. 118-50, Div. D, § 3111) However, that legislation did not touch ECRA - the principal statutory authority underpinning the Export Administration Regulations (EAR). As a result, the statute of limitations for civil and criminal offenses under ECRA currently remains at five years, creating an asymmetry with the ten-year IEEPA/TWEA window. 3Congress Doubles Statute of Limitations for Many Sanctions Violations — Akin Gump
H.R. 8202 would eliminate this discrepancy. Under the proposed new subsection 1760(g), civil actions would need to be commenced within ten years of the date of the violation, with the issuance of a charging letter qualifying as commencement. Criminal indictments would likewise need to be found within ten years of the latest date of the violation. 1H.R. 8202 — To amend the Export Control Reform Act of 2018 to provide for a ten-year statute of limitations for export control violations
Expediting Entity List Decisions: H.R. 8169
H.R. 8169, the Export Control Enforcement and Enhancement Act, introduced on 30 March 2026 by Representative Wagner (R), would add a new subsection (g) to Section 1754 of ECRA (50 U.S.C. § 4813) establishing a 30-day mandatory voting period for the End-User Review Committee (ERC) on all Entity List modification proposals. 4H.R. 8169 — Export Control Enforcement and Enhancement Act
The bill responds to longstanding concerns that the interagency process for adding entities to - or removing them from - the Entity List has been slow and subject to bureaucratic gridlock. Under the proposed framework:
- Any member of the ERC may submit a proposal directly to the Committee requesting a vote on additions, removals, or other modifications to the Entity List.
- The Committee must vote within 30 days, extendable by 15 days if the Chair and the proposing member agree that additional information is needed.
- Additions require a majority vote and a determination 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." 4H.R. 8169 — Export Control Enforcement and Enhancement Act
- A default policy of presumption of denial would apply to all export license applications involving newly listed entities, unless the voting majority agrees to a different licensing policy. 4H.R. 8169 — Export Control Enforcement and Enhancement Act
Critically, the bill strips the ERC chairperson of unilateral authority to make determinations or override voting decisions, and permits the 30-day voting period to be suspended only by unanimous agreement. 4H.R. 8169 — Export Control Enforcement and Enhancement Act
Interagency Rulemaking and China Review: H.R. 8036
H.R. 8036, the Interagency Coordination in Export Controls Act of 2026, introduced on 24 March 2026 by Representative Baird (R), would allow the Secretaries of State, Defense, or Energy to submit proposed rules - including amendments to the EAR - directly to the Export Administration Review Board (EARB) for a majority vote within 30 days. 5H.R. 8036 — Interagency Coordination in Export Controls Act of 2026
This represents a structural shift. Under current practice, the Department of Commerce's Bureau of Industry and Security (BIS) has primary authority over EAR rulemaking, with other agencies participating through consultation. H.R. 8036 would change the operative word in Section 1754(a) from "consultation" to "coordination" and create a formal pathway for non-Commerce agencies to initiate rulemaking proposals. 5H.R. 8036 — Interagency Coordination in Export Controls Act of 2026
Mandated Review of China's Military-Civil Fusion Strategy
Section 3 of H.R. 8036 requires the Secretary of State - in consultation with all agencies represented on the Operating Committee for Export Policy - to complete within 30 days of enactment a comprehensive review of the implications of China's military-civil fusion (MCF) strategy for US export control and national security policy. 5H.R. 8036 — Interagency Coordination in Export Controls Act of 2026
The review scope is broad, covering:
- Exploitation of US and allied technology and talent by the PRC to modernize its military
- Whether any entity in the PRC can be considered a "purely civilian entity" in the export control context
- Reliability of end-use checks for exports to PRC-based entities
- The relationship between China's strategic technology sectors (AI, semiconductors, quantum, robotics, biotechnology) and its military
- Whether additions to the Military End-User List would address MCF risks
Within 90 days, the Secretary would be required to propose policy changes to the EARB - potentially including additions to the Military End-User List, new EAR rules, and finalization of a July 2024 proposed rule on military and intelligence end-use controls (89 Fed. Reg. 60985). A report to the House Foreign Affairs Committee and Senate Banking Committee would follow within 150 days. 5H.R. 8036 — Interagency Coordination in Export Controls Act of 2026
Implications for Compliance Programs
The three bills, if enacted in any combination, would materially affect how export compliance programs operate:
- Record retention: A ten-year statute of limitations under ECRA would require organizations to retain export transaction records, screening documentation, and internal audit files for at least a decade - matching the IEEPA/TWEA standard established in 2024.
- Entity List monitoring: Faster listing cycles and a default presumption of denial increase the speed at which compliance teams must detect and respond to new designations.
- China exposure: The mandated MCF review could accelerate expansion of the Military End-User List and potentially reshape the treatment of Chinese entities across multiple technology sectors.
These proposals arrive against a backdrop of active BIS enforcement and ongoing recalibration of US-China technology controls. BIS criminal penalties for ECRA violations can reach up to 20 years of imprisonment and up to $1 million in fines per violation, while administrative penalties stand at up to $374,474 per violation or twice the transaction value, whichever is greater. 6BIS — Enforcement: Penalties under ECRA
What to Watch
All three bills are in the early stages of the legislative process. Given the bipartisan co-sponsorship of H.R. 8202 and the alignment of all three measures with the broader congressional emphasis on technology competition with China, advancement through committee in the current session is plausible - though far from certain. Compliance teams should track Committee on Foreign Affairs hearing schedules and assess the operational impact of a potential ten-year enforcement window, accelerated Entity List procedures, and an expanded Military End-User List well in advance of any enactment.
Bild: Alejandro Barba / Unsplash