S 744 — Maintaining American Superiority by Improving Export Control Transparency Act

Summary

Maintaining American Superiority by Improving Export Control Transparency ActThis 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).

Bill Text

• Introduced Introduced in Senate Current html February 26, 2025

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill adds a new reporting requirement to enhance transparency in the licensing process for export controls.

• 50 U.S.C. § 4815

  (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.

  This creates a new annual reporting requirement for the Secretary on licensing and enforcement actions related to exports.

• 50 U.S.C. § 4815

  (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).

  This specifies what information must be included in the new report to Congress.

• 50 U.S.C. § 4815

  (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).

  This protects the confidentiality of specific information in the reports from public disclosure.

• 50 U.S.C. § 4815

  (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.

  This section defines the terms used in the new reporting requirement, clarifying which congressional committees are involved and what constitutes a covered entity.

Action History

1. February 26, 2025

   Introduced in Senate

2. February 26, 2025

   Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

Sponsors

• Jim Banks · Primary
• Mark R. Warner · Cosponsor

Subjects