Commerce export‑controls nominee emphasizes stronger enforcement against adversary access to sensitive tech

Biden administration criticisms and national security concerns over China’s technological advances framed questioning of David Kessler (transcript uses "mister Kessler"), President Trump’s nominee to be under secretary of commerce for industry and security and head of the Bureau of Industry and Security (BIS).

Kessler told the Senate Banking Committee the 2018 Export Control Reform Act gave BIS a broad mandate to protect critical technologies and that BIS must “adapt and keep pace” with adversaries. He said effective export controls require both rigorous enforcement and international cooperation with allies. “We need strong enforcement to deter noncompliance,” Kessler told senators, and added BIS must avoid “unduly burdening or penalizing American companies and workers with overly complex rules.”

Senators pressed Kessler on recent high‑profile incidents involving semiconductor shipments and AI‑related technology transfers. Sen. Mike Rounds and Sen. Todd Young cited reporting that advanced chips reached companies tied to China’s technological programs; Kessler said BIS needs “muscular enforcement” and coordinated investigations with intelligence and defense agencies.

Committee members asked whether the AI diffusion or export rules issued near the end of the prior administration were effective or sufficiently thought through. Kessler said the identification of risks was appropriate but that last‑minute rulemaking was complex and would merit review. He repeatedly emphasized the need to consult technical experts and allies and to structure controls so they can be updated as technology evolves.

Kessler also acknowledged BIS’s relatively small budget and staff compared with its national‑security role and said he would review resources and organization after confirmation to ensure BIS is “nimble” and adequately staffed. Several senators urged him to advocate for increased funding and technical tools on the enforcement side.

Kessler pledged to use the full array of BIS legal authorities — including authorities granted by the 2018 export control reforms, the Information and Communications Technology Services rules, Section 232 of the Trade Expansion Act and portions of the Defense Production Act — to prevent unauthorized transfers of dual‑use technologies. He said diplomacy and multilateral coordination are key to effective export control regimes.

Kessler told the committee he had previously served in the department as assistant secretary for enforcement and compliance and was confirmed unanimously in that role the last time he held a Commerce position.