H.R.1316 - Maintaining American Superiority by Improving Export Control Transparency Act (119th Congress)
Summary
H.R.1316, the "Maintaining American Superiority by Improving Export Control Transparency Act," amends the Export Control Reform Act of 2018 to enhance transparency in export licensing. It mandates the Secretary to submit annual reports to Congress on end-use checks and license applications related to exports to covered entities, specifically those in Country Group D:5 (countries of national security concern) and those listed in Supplements 4 and 7 of the Export Administration Regulations. The reports will include details on license applications, end-use checks, and aggregate statistics, with confidentiality protections for sensitive information.
Expected Effects
The primary effect of this act will be increased congressional oversight of export controls, particularly concerning exports to countries and entities of concern. This increased transparency aims to ensure compliance with export regulations and prevent the diversion of controlled items to unauthorized end-uses. Ultimately, this could lead to stricter enforcement of export controls and potentially impact trade relationships with certain countries.
Potential Benefits
- Enhanced Oversight: Provides Congress with detailed information on export license applications and end-use checks.
- Improved Compliance: Encourages compliance with export control regulations by increasing transparency.
- National Security: Helps prevent the diversion of sensitive technologies to countries or entities that could pose a threat to U.S. national security.
- Informed Policymaking: Enables Congress to make more informed decisions regarding export control policies.
- Economic Competitiveness: By ensuring fair trade practices, the act can help maintain a level playing field for American businesses.
Potential Disadvantages
- Administrative Burden: Creates additional reporting requirements for the Secretary, potentially increasing administrative costs.
- Potential for Delays: Increased scrutiny of export licenses could lead to delays in processing applications.
- Trade Relations: Stricter export controls could strain trade relations with certain countries.
- Competitive Disadvantage: U.S. companies may face a competitive disadvantage if export controls are stricter than those of other countries.
- Limited Scope: The act focuses primarily on transparency and may not address other important aspects of export control reform.
Constitutional Alignment
The Act aligns with the constitutional powers of Congress to regulate commerce with foreign nations (Article I, Section 8, Clause 3) and to provide for the common defense (Article I, Section 8, Clause 1). By enhancing transparency in export controls, the Act supports national security and ensures that sensitive technologies are not diverted to potential adversaries. The reporting requirements imposed on the Secretary are within the scope of Congress's oversight authority.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).