Maintaining American Superiority by Improving Export Control Transparency Act
Officially: “Maintaining American Superiority by Improving Export Control Transparency Act” Read the full text
What it does
Read it in plain language
1Short title
This section gives the Act a short title: the Maintaining American Superiority by Improving Export Control Transparency Act.
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1. Short title This Act may be cited as the Maintaining American Superiority by Improving Export Control Transparency Act .
2Licensing transparency
This section would add a new reporting requirement to the Export Control Reform Act of 2018 (50 U.S.C. 4815). Not later than one year after this subsection becomes law, and at least once every year after that, the Secretary would have to submit a report to Congress, but only to the extent that money has been appropriated for the work. The report would cover license applications, enforcement actions, and other requests to export, reexport, release, or transfer within a country items that are controlled under this part of the law, where the transfer is to a covered entity (defined below). The report's contents would have to cover the one-year period that came before the most recently completed one-year period, meaning information running about two years behind the report date rather than the most recent year. For each license application or other request for authorization from that period, the report would have to list: the name of the entity that submitted the application; a brief description of the item, including its Export Control Classification Number and level of control if those apply; the name of the end-user and the end-user's location; an estimated value; the decision made on the application or request; and the date the application was submitted. The report would also have to include the date, location, and result of any related enforcement activities, such as end-use checks done to verify compliance with export controls. In addition, the report would have to include aggregate statistics covering all the license applications and other authorization requests just described. Except for those aggregate statistics, the information in the report would be exempt from public disclosure under section 1761(h)(1) of existing law. The report would go to two committees: the Committee on Foreign Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. A covered entity would be defined as any entity that both (1) is located or operating in a country listed in Country Group D:5 under Supplement No. 1 to part 740 of title 15 of the Code of Federal Regulations, and (2) appears on either the list in Supplement No. 4 to part 744 of the Export Administration Regulations or the list in Supplement No. 7 to part 744 of the Export Administration Regulations.
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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. .
Where it is
In the House.