Warren Presses Trump Administration Over Failure to Protect US Economic and National Security

Warren Presses Trump Administration Over Failure to Protect US Economic and National Security

"In recent months, BIS has reportedly stopped issuing timely export control licenses; failed to meaningfully update the Entity List; and rescinded or failed to enforce key regulations creating dangerous loopholes for foreign adversaries to exploit."

"Despite the critical importance of BIS to our nation's national security, the agency's activities appear to have ground to a halt under your leadership."

Text of Letter (PDF)

Washington, D.C. - U.S. Senator Elizabeth Warren (D-Mass.), Ranking Member of the Senate Banking, Housing and Urban Affairs Committee, sent a letter to Secretary of Commerce Howard Lutnick and Jeffrey Kessler, Under Secretary for Industry and Security, about reports that the Bureau of Industry and Security (BIS) is failing to carry out its economic and national security mission.

"BIS has reportedly stopped issuing timely export control licenses; failed to meaningfully update the Entity List; and rescinded or failed to enforce key regulations creating dangerous loopholes for foreign adversaries to exploit. These reports raise serious concerns about BIS's ability to advance U.S. national and economic security and require immediate attention,"wrote Ranking Member Warren.

"Despite the critical importance of BIS to our nation's national security, the agency's activities appear to have ground to a halt under your leadership. The Department of Commerce has lost roughly 20% of its staff - contributing to major delays in standard BIS activities," continued the Ranking Member. "The average processing time for export license applications in 2025 was 62 days, a stark increase from the 38 day average in 2023. BIS also processed 20% fewer export license applications in 2025 compared to the five year average from 2019-2023. BIS receives upwards of tens of thousands of license applications per year, but reports indicate that Under Secretary Kessler may be directly contributing to these delays by stalling license applications to review copious amounts of documents related to them."

"Furthermore, BIS has drastically reduced its standard updates to the Entity List. There have been no additions to the Entity List since October 9, 2025, and BIS has only issued four federal register updates in 2026 - the lowest ever in the last 24 years…The lack of updates to the Entity List in over nine months raise serious questions about whether critical U.S. technology may be being diverted to those seeking to harm the United States," wrote Ranking Member Warren.

"BIS has also suspended and rescinded export control regulations, jeopardizing our national security. BIS suspended the 'Affiliates Rule' that would have prevented companies named on the Entity List from evading export controls through partial ownership of third party companies. BIS also 'rescinded' the Biden Administration's AI Diffusion Rule but has yet to issue a replacement, creating loopholes that recent reporting suggests 'may be allowing an unknown number of high-end semiconductors to reach Beijing,'" wrote Ranking Member Warren.

Ranking Member Warren pressed Secretary Lutnick and Under Secretary Kessler for detailed information regarding staff cuts, license applications, and the Entity List no later than August 12, 2026.

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