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 report annually to Congress on end-use checks and license applications related to exports to 'covered entities'. These entities are located in countries listed in Country Group D:5 and included on specific lists related to export administration regulations.
Expected Effects
The act aims to provide greater oversight of exports to countries of concern, potentially strengthening national security and preventing sensitive technologies from falling into the wrong hands. The increased transparency could also lead to more informed policy decisions regarding export controls. However, it may also create additional bureaucratic burdens for businesses involved in exporting.
Potential Benefits
- Enhanced congressional oversight of export control processes.
- Improved transparency in the licensing of exports to countries of concern.
- Better informed policy decisions regarding export controls.
- Potential strengthening of national security by preventing misuse of exported technologies.
- Increased accountability of the executive branch in export control administration.
Potential Disadvantages
- Increased administrative burden on the Secretary to prepare and submit the required reports.
- Potential delays in the export licensing process due to increased scrutiny.
- Possible chilling effect on legitimate exports to covered entities due to enhanced transparency.
- Risk of inadvertently disclosing sensitive information despite safeguards.
- Potential for political misuse of the reported data.
Constitutional Alignment
The bill aligns with the constitutional power of Congress to regulate commerce with foreign nations (Article I, Section 8, Clause 3). The reporting requirements imposed on the executive branch are consistent with Congress's oversight role. The confidentiality provisions in the bill also reflect a balance between transparency and the need to protect sensitive information, which is consistent with the separation of powers.
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).