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This bill would require the government to give Congress more detailed, regular reports on export license requests and related enforcement actions. In simple terms, it is meant to make the export control process more transparent, especially for items sent to certain restricted foreign entities. The report would be due one year after the law takes effect and then every year after that, as long as funding is available.
- Each report would list key facts about every license application or other request for permission, including who applied, what the item is, the item’s export control classification if available, the end user, where the end user is located, an estimated value, the decision made, and when the request was submitted.
- The report would also include information about enforcement actions tied to these exports, such as end-use checks, including when and where they happened and what the outcome was.
- In addition, the government would provide overall totals and statistics for all covered license applications and requests.
- Most of the detailed information would stay confidential and would not be released to the public. Only the summary statistics would be available for public disclosure.
Official Summaries
Maintaining American Superiority by Improving Export Control Transparency Act
This bill 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 bill, BIS must annually report to Congress on license applications, enforcement actions, and other requests for authorization 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 or operating 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 bill 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 related enforcement activities to ensure compliance with U.S. export controls. The information shall be exempt from public disclosure (except for aggregate statistics).
Current Full Text
[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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