[Congressional Record Volume 170, Number 139 (Monday, September 9, 2024)]
[House]
[Pages H5093-H5094]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     MAINTAINING AMERICAN SUPERIORITY BY IMPROVING EXPORT CONTROL 
                            TRANSPARENCY ACT

  Mrs. RADEWAGEN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 6614) to amend the Export Control Reform Act of 2018 
relating to licensing transparency, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 6614

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Maintaining American 
     Superiority by Improving Export Control Transparency Act''.

     SEC. 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 90 days after the date of 
     the enactment of this subsection, and not less frequently 
     than every 90 days thereafter, the Secretary, shall 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 90 days preceding the previous 
     90-day period, the following:
       ``(A) For each license application or other request for 
     authorization, the name of the entity submitting the 
     application (both parent company as well as the subsidiary 
     directly involved), 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 site inspections, 
     monitoring, and enforcement actions 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).
       ``(D) For each license denial in which items in category 
     EAR99 constitute at least 50 percent of the financial value 
     of the license application, a list detailing what specific 
     items are being denied a license.
       ``(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 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.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
American Samoa (Mrs. Radewagen) and the gentlewoman from North Carolina 
(Ms. Manning) each will control 20 minutes.
  The Chair recognizes the gentlewoman from American Samoa.


                             General Leave

  Mrs. RADEWAGEN. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on this measure.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from American Samoa?
  There was no objection.
  Mrs. RADEWAGEN. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in strong support of the Maintaining American 
Superiority by Improving Export Control Transparency Act, introduced by 
my colleague from Texas (Mr. Jackson) along with Foreign Affairs 
Chairman McCaul.
  Export controls are one of the most powerful tools we have to 
constrain China's military modernization and rebuke its severe human 
rights abuses.
  Ultimately, the strength of our export control regime hinges on the 
ability to approve or deny a license to sell sensitive technology to 
China. That process is overseen by the Commerce Department's Bureau of 
Industry and Security, or BIS.
  On multiple occasions, in response to persistent committee requests, 
BIS has provided the House Foreign Affairs Committee with licensing 
data--information on whether BIS approved or denied licenses to China.
  The committee found that even for companies like SMIC and Huawei with 
deep ties to the Chinese Communist Party and military, BIS rarely, if 
ever, denied a license.
  This data has been essential to our committee's oversight efforts. 
This bill will ensure better oversight of the Commerce Department's 
export control policies and licensing practices.
  Every 90 days, the Secretary of Commerce will submit a report to 
Congress on activities related to items affected by export control 
policies, including licenses granted to foreign persons and entities on 
the entity list.
  This bill will finally give Congress the visibility it needs to 
conduct real oversight on licensing decisions and will help us assess 
where and how BIS is drawing the line on U.S. national security.
  At the Foreign Affairs Committee markup, H.R. 6614 was adopted by a 
unanimous bipartisan vote of 43-0.
  Mr. Speaker, I urge my colleagues to support the Maintaining American 
Superiority by Improving Export Control Transparency Act, and I reserve 
the balance of my time.
  Ms. MANNING. Mr. Speaker, I rise in support of H.R. 6614, as amended, 
and I yield myself such time as I may consume.
  Mr. Speaker, the bill calls for more transparency around license 
application decisions by the Bureau of Industry and Security for 
potential exports to entities on its Entity and Military End Users 
Lists. Inclusion in these lists means that the export, re-export, and 
transfer of certain U.S. items to these entities requires a license.
  This bill would enable Congress to conduct oversight to ensure that 
the BIS licensing and enforcement processes are working properly and 
effectively.
  I thank Mr. Jackson and Chairman McCaul for working with Ranking 
Member Meeks to reach a bipartisan agreement on this bill, which will 
ensure that the committee is getting the information it needs while 
protecting business proprietary information and allowing BIS to 
effectively execute its core national security mandate.
  As we add to the list of things we are asking BIS to do, it is also 
important that we equip BIS with the resources and staffing to meet 
those requirements. We are asking BIS to take on more responsibility 
with less.

[[Page H5094]]

  BIS desperately needs to update its outdated and inefficient IT 
system, which has not been updated in over 15 years. In that time, the 
number of license applications BIS receives per year has more than 
doubled to over 40,000 per year.
  As a result, simple data requests such as compiling license 
application information for Congress can be lengthy and often involve 
painstaking manual review of materials.
  Let me repeat: We are adding more burden to BIS without giving them 
the resources they so desperately need.
  Representative Crow and Ranking Member Meeks have worked on a bill to 
fund IT modernization for BIS, and I sincerely hope that as we pass 
bills like this one offered by Mr. Jackson, we also live up to our 
responsibility to actually equip BIS to do its important work and give 
them the resources they so desperately need.
  Mr. Speaker, I support this bill, and I reserve the balance of my 
time.

                              {time}  2030

  Mrs. RADEWAGEN. Mr. Speaker, I yield such time as he may consume to 
the gentleman from Texas (Mr. Jackson), a Member of the Committee on 
Foreign Affairs and the author of this bill.
  Mr. JACKSON of Texas. Mr. Speaker, today we are bringing to the floor 
a very important bill, the Maintaining American Superiority by 
Improving Export Control Transparency Act.
  Our country's determination and commitment to achieving what was once 
thought impossible has led to some of the most incredible technological 
advances in the history of the world. Consequently, many of the world's 
very best and most advanced goods are made right here in the United 
States of America. However, the reality is that it is hard to keep good 
things to yourself, and nations across the world want to benefit from 
American goods themselves.
  As a general principle, we are happy to export the fruits of our 
labor because international trade is an important part of any 
successful and vibrant economy, especially for a country like the 
United States, but the harsh reality is that not every country who 
wants access to our goods and materials is friendly to the United 
States. Malign actors like China, Russia, North Korea, and Iran would 
gladly seek to use our very own goods and technologies against us, 
whether in military engagements or on the economic battlefield.
  The type of goods I am speaking about are not just overtly military 
hardware, like night vision goggles, tanks, or stealth technology. 
These bad actors are constantly thinking of new creative ways to use 
anything and everything against us, making everyday commercial items 
produced right here in the United States ripe to be weaponized against 
the American people.
  One example would be telecommunications equipment. Anything from 
routers to cell phones to Bluetooth technology are generally thought of 
as harmless commercial goods, but they all have huge national security 
and military implications as well, especially in the hands of our 
adversaries. These so-called dual-use technologies are the type of 
goods that our current export controls attempt to prevent from falling 
into the hands of malign actors.
  My bill, the Maintaining American Superiority by Improving Export 
Control Transparency Act, seeks to ensure increased transparency and 
accountability in the export control process by mandating a report on 
export control license applications.
  Simply put, my bill creates a mechanism through tracking and 
reporting on export control license applications that can be utilized 
to form a paper trail to understand where dual-use technologies came 
from, who produced them, and whom they were sold to.
  If our enemies are utilizing American technology against us, we need 
to know exactly how that happened and why. Further, my bill will 
provide some clarity to Congress on how these decisions are made.
  Every 90 days, the House and the Senate would receive a report on 
export control license applications, gaining insight into where our 
American-made dual-use technologies are going abroad.
  I want nothing more than for the American economy to be strong, open, 
and free, and international trade is a crucial part of that vision. 
Ultimately, our own free market cannot also be used as a source of our 
own downfall by allowing our adversaries to use our goods and 
technologies against us.
  My bill ensures accountability and trackability when we send dual-use 
goods abroad.
  In these increasingly dangerous times, there is a need for strong 
export controls with adequate oversight, which is why my bill passed 
the House Foreign Affairs Committee by a vote of 43-0. I thank Chairman 
McCaul for his cosponsorship of the legislation and Ranking Member 
Meeks for supporting this legislation in our committee. I urge all of 
my colleagues to support this legislation, as it is necessary for our 
national security.
  Ms. MANNING. Mr. Speaker, I yield myself the balance of my time for 
the purpose of closing.
  Mr. Speaker, transparency is critical for effective congressional 
oversight, and Mr. Jackson's bill will allow Congress greater insight 
into the license application decisions and enforcement actions taken by 
the Bureau of Industry and Security.
  The bill reflects the critical national security role that BIS and 
our export controls play in today's world, but placing greater burdens 
on BIS while failing to provide the necessary funding to update the 15-
year-old equipment it uses is only doing half the job.
  Therefore, it is important that Congress provide BIS with the 
resources and technology necessary to effectively implement this bill 
and advance its core mandate. I, therefore, encourage my colleagues to 
work with the urgency required to help us address the resource issue.
  With that in mind, I hope my colleagues will join me and support this 
bill. I yield back the balance of my time.
  Mrs. RADEWAGEN. Mr. Speaker, I yield myself the balance of my time to 
close.
  I thank Chairman McCaul for his leadership in moving this bill 
through committee and to the floor. I also thank my bipartisan 
committee colleagues for their unanimous vote to ensure greater 
congressional oversight of export controls.
  Mr. Speaker, I urge all Members to vote in favor of H.R. 6614, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from American Samoa (Mrs. Radewagen) that the House suspend 
the rules and pass the bill, H.R. 6614, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________