Bill Summary
The "Maintaining American Superiority by Improving Export Control Transparency Act" seeks to enhance transparency in the export licensing process under the Export Control Reform Act of 2018. The legislation mandates that the Secretary of Commerce submit an annual report to designated congressional committees regarding license applications and enforcement actions related to controlled exports, specifically to "covered entities," which are defined as certain organizations located in specific countries identified as posing potential national security risks.
Key elements of the report include details on each license application—such as the applicant's name, item description, end-user information, estimated value, decision outcome, and submission date—as well as enforcement activities related to compliance checks. While aggregate statistics on license applications will be publicly available, specific details about individual applications will be kept confidential to protect sensitive information. This amendment aims to improve oversight and accountability in the export control system, ensuring that Congress has the necessary information to monitor exports to potentially risky entities.
Possible Impacts
The legislation titled the "Maintaining American Superiority by Improving Export Control Transparency Act" could affect people in several ways:
1. **Increased Scrutiny of Export Activities**: Individuals and businesses involved in the export of controlled items may face increased scrutiny and a more rigorous licensing process. This could lead to delays in the approval of export applications, impacting their ability to do business internationally and potentially resulting in financial losses or missed opportunities.
2. **Enhanced Compliance Requirements**: Companies will need to ensure that they are fully compliant with the new reporting requirements as outlined in the legislation. This could necessitate additional administrative work to gather and report detailed information about export applications, enforcement actions, and related activities. Smaller companies, in particular, may find this burden challenging, requiring them to allocate resources for compliance that could otherwise be used for growth or innovation.
3. **Transparency for Stakeholders**: The legislation mandates more transparency regarding export control activities, which may empower stakeholders—such as non-governmental organizations, researchers, and the public—to better understand U.S. export policies and practices. This increased transparency could lead to heightened public awareness and scrutiny of how exports are managed, potentially influencing public opinion and policy discussions around national security and trade practices.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 744 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 744
To amend the Export Control Reform Act of 2018 relating to licensing
transparency.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 26, 2025
Mr. Banks (for himself and Mr. Warner) introduced the following bill;
which was read twice and referred to the Committee on Banking, Housing,
and Urban Affairs
_______________________________________________________________________
A BILL
To amend the Export Control Reform Act of 2018 relating to licensing
transparency.
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 ``Maintaining American Superiority by
Improving Export Control Transparency Act''.
SEC. 2. LICENSING TRANSPARENCY.
Section 1756 of the Export Control Reform Act of 2018 (50 U.S.C.
4815) is amended by adding at the end the following:
``(e) Report.--
``(1) In general.--Not later than one year after the date
of the enactment of this subsection, and not less frequently
than annually thereafter, the Secretary, shall, subject to the
availability of appropriations, submit to the appropriate
congressional committees a report on license applications,
enforcement actions, and other requests for authorization for
the export, reexport, release, and in-country transfer of items
controlled under this part to covered entities.
``(2) Elements.--The report required by paragraph (1) shall
include, with respect to the one year preceding the previous
one-year period, the following:
``(A) For each license application or other request
for authorization, the name of the entity submitting
the application, a brief description of the item
(including the Export Control Classification Number
(ECCN) and level of control, if applicable), the name
of the end-user, the end-user's location, a value
estimate, decision with respect to the license
application or authorization, and the date of
submission.
``(B) The date, location, and result of any related
enforcement activities, such as end-use checks, to
ensure compliance with United States export controls.
``(C) Aggregate statistics on all license
applications and other requests for authorization as
described in subparagraph (A).
``(3) Confidentiality of information.--The information
required to be provided in the reports required by this
subsection (other than the information required by paragraph
(2)(C)) shall be exempt from public disclosure pursuant to
section 1761(h)(1).
``(4) Definitions.--In this subsection--
``(A) the term `appropriate congressional
committees' means--
``(i) the Committee on Foreign Affairs of
the House of Representatives; and
``(ii) the Committee on Banking, Housing,
and Urban Affairs of the Senate; and
``(B) the term `covered entity' means any entity
that--
``(i) is located or operating in a country
listed in Country Group D:5 under Supplement
No. 1 to part 740 of title 15, Code of Federal
Regulations; and
``(ii) is included on--
``(I) the list maintained and set
forth in Supplement No. 4 to part 744
of the Export Administration
Regulations; or
``(II) the list maintained and set
forth in Supplement No. 7 to part 744
of the Export Administration
Regulations.''.
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