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H.R. 1316 · House bill · 119th Congress
This act requires the Department of Commerce's Bureau of Industry and Security (BIS) to annually report to Congress on export control licensing.
Under current law, BIS administers and enforces controls on the export of dual-use goods (e.g., items with both civilian and military uses) and certain military parts and components. These export controls are implemented primarily under the Export Control Reform Act of 2018 (ECRA) through the Export Administration Regulations (EAR).
Under this act, BIS must annually report to Congress on license applications, other requests for authorization, and end-use checks (on-site verifications conducted by BIS) for the export, reexport, release, and in-country transfer of items subject to the EAR to covered entities. A covered entity is any entity that (1) is located in a country listed in Country Group D:5 (countries that are identified by the Department of State as subject to U.S. arms embargoes), and (2) is included on the Entity List or the Military End-User List (two of the lists published by BIS containing information on the individuals, organizations, and addresses subject to restrictions involving items subject to the EAR).
The act requires this report to include specified information, such as the name of the entity submitting the application, where the item is being exported, the decision with respect to the license application or authorization, and information on any end-use checks to ensure compliance with U.S. export controls. The information shall be exempt from public disclosure (except for aggregate statistics). Additionally, BIS must exclude from the report any information that could jeopardize an ongoing investigation.
This Act may be cited as the “Maintaining American Superiority by Improving Export Control Transparency Act”.
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 end-use checks related to, as well as license applications 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 preceding 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 reason for 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 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) Protecting enforcement information.— In preparing and submitting a report under subsection (e), the Secretary shall ensure that information that may jeopardize an ongoing investigation shall not be included in the contents of the report.
(5) 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 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.”.