WASHINGTON, D.C. – Today, Senators Jim Banks (R-Ind.) and Mark Warner (D-Va.) introduced the Maintaining American Superiority by Improving Export Control Transparency Act. The bill would provide the transparency that Congress needs to ensure that the Bureau of Industry and Security (BIS) is upholding an effective export control system while protecting confidential information.
Senator Banks (R-Ind.): “Our export controls too often fail to prevent sensitive American technology from being sold to firms tied to the Chinese military. I’ve introduced bipartisan legislation to give Congress the information we need to prevent American technologies from falling into the hands of our adversaries. My bill with Sen. Warner protects American tech from China and puts our national security first.”
Senator Warner (D-Va.): “Export controls are critical tools in stopping bad actors. Congress should have more insight into the Commerce Department’s licensing process so that we can better understand who is accessing sensitive U.S. technology. I am glad to work with Sen. Banks on this good governance legislation.”
The Maintaining American Superiority by Improving Export Control Transparency Act would require BIS to provide an annual report to Congress on export control licensing, including:
- For every license application, information about the applicant and recipient, a description of the item, the value of the sale, and BIS’ decision whether to approve the license.
- A report on all export control enforcement activities conducted in the past year.
Full text of the bill can be found here.
Background:
The U.S. government enforces export controls to safeguard national security and prevent adversaries from accessing critical defense goods and technologies. The Bureau of Industry and Security (BIS) within the Commerce Department is responsible for implementing these controls and blocking blacklisted entities from obtaining key technologies.
However, BIS lacks transparency in reporting approved licenses, exported products, and the rationale behind its decisions, making congressional oversight difficult.
Available data suggests BIS rarely enforces export controls on sensitive technology sales to China:
- In 2020, BIS approved 98% of U.S. software and tech export licenses to China.
- From Nov. 2020 to April 2021, it approved $100 billion in exports to blacklisted Chinese firms Huawei and SMIC, despite a stated “presumption of denial” policy.