Maintaining American Superiority by Improving Export Control Transparency Act
- Bill Number
- H.R. 1316
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Foreign Trade and International Finance
- Status
- Became Law
- Became Law
- Public Law 119-34
- Latest Action
- 2025-08-19: Became Public Law No: 119-34.
- Last Updated
- 2026-07-10T16:38:23Z
AI-Generated Summary
Purpose
The legislation aims to enhance transparency in U.S. export controls by requiring regular reports on license applications and end-use monitoring for items exported to high-risk foreign entities. This is intended to maintain U.S. national security superiority while providing Congress with better oversight of potentially sensitive exports.
Key Provisions
- Annual Reporting Requirement: The Secretary (of Commerce) must submit a report to designated congressional committees no later than one year after enactment and annually thereafter, subject to available funding. The report covers end-use checks (verifications to ensure exported items are used as approved) and license applications or authorizations for exporting, re-exporting, releasing, or transferring controlled items to "covered entities."
- Report Contents:
- Details for each application: Submitting entity's name, item description (including Export Control Classification Number or ECCN—a code classifying the item's sensitivity—and reason for control), end-user's name and location, estimated value, decision on the application, and submission date.
- Information on end-use checks: Date, location, and results to confirm compliance with U.S. export rules.
- Aggregate statistics: Overall numbers and trends for all such applications and authorizations over the prior year.
- Confidentiality and Protections:
- Most report details (except aggregate statistics) are exempt from public release under existing law (section 1761(h)(1) of the Export Control Reform Act).
- Reports must exclude any information that could harm ongoing enforcement investigations.
- Definitions:
- Appropriate congressional committees: House Committee on Foreign Affairs and Senate Committee on Banking, Housing, and Urban Affairs.
- Covered entity: Any organization in a high-risk country (Country Group D:5 in U.S. export regulations, which includes nations like China, Russia, and others under sanctions or arms embargoes) that also appears on specific U.S. "Entity Lists" (Supplement No. 4 or 7 to part 744 of the Export Administration Regulations—these lists identify entities involved in activities threatening U.S. security, such as weapons proliferation).
Significant Changes to Existing Law
- Amends Section 1756 of the 2018 Export Control Reform Act by adding a new subsection (e) that introduces mandatory annual reporting on export licenses and end-use monitoring specifically for covered entities.
- Previously, such information was not required to be compiled and shared with Congress in this structured, recurring format, though some disclosures might have occurred ad hoc.
Potential Impacts
- On Government Agencies: The Department of Commerce (via its Bureau of Industry and Security) will face increased administrative workload to compile and submit detailed reports, potentially straining resources unless funded adequately. This could improve internal tracking of high-risk exports but may slow processing if data collection becomes burdensome.
- On Citizens and Businesses: U.S. exporters dealing with covered entities may experience indirect effects through heightened scrutiny, possibly leading to longer approval times or more denials for sensitive items. No direct impact on everyday citizens, but it could protect national security by reducing risks of technology diversion.
- On International Relations: Strengthens U.S. controls on exports to adversarial or sanctioned countries, signaling a tougher stance on technology transfers that could aid military or proliferation activities. This might strain relations with listed countries but reassure allies by demonstrating robust oversight.
Main Stakeholders Affected
- U.S. Government: Department of Commerce (primary implementer), congressional committees (recipients of reports for oversight).
- Exporters and Businesses: U.S. companies applying for export licenses to covered entities, who must provide detailed application data that will be reviewed by Congress.
- Foreign Entities: Organizations in high-risk countries on U.S. Entity Lists, facing potentially stricter monitoring of their imports.
- Congress: Gains tools for accountability on export policies affecting national security.
Notable Legal, Constitutional, or Political Implications
- Legal: Reinforces existing export control frameworks without altering core licensing processes, but mandates confidentiality to comply with privacy and security laws. The exemption from public disclosure prevents legal challenges over sensitive business or intelligence data.
- Constitutional: Enhances congressional oversight of executive branch activities (a check-and-balance function under Article I), ensuring transparency in foreign commerce without infringing on executive foreign policy powers.
- Political: Promotes bipartisan national security goals by focusing on transparency for high-risk exports, potentially reducing controversies over unchecked technology flows to adversaries. It avoids public disclosure to minimize diplomatic fallout or business disruptions, balancing accountability with operational secrecy.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (2)
Rep. Jacobs, Sara [D-CA-51], Rep. Lawler, Michael [R-NY-17]
Recent Actions
- 2025-08-19: Became Public Law No: 119-34.
- 2025-08-19: Became Public Law No: 119-34.
- 2025-08-19: Signed by President.
- 2025-08-19: Signed by President.
- 2025-08-15: Presented to President.
- 2025-08-15: Presented to President.
- 2025-07-23: Message on Senate action sent to the House.
- 2025-07-22: Passed Senate without amendment by Unanimous Consent. (consideration: CR S4573)
- 2025-07-22: Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.
- 2025-07-22: Senate Committee on Banking, Housing, and Urban Affairs discharged by Unanimous Consent.
- 2025-07-22: Senate Committee on Banking, Housing, and Urban Affairs discharged by Unanimous Consent.
- 2025-05-06: Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
- 2025-05-05: Motion to reconsider laid on the table Agreed to without objection.
- 2025-05-05: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H1834-1835)
- 2025-05-05: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H1834-1835)
Bill Versions
- Maintaining American Superiority by Improving Export Control Transparency Act — issued 2025-05-05 — PDF (6 pages)
- Maintaining American Superiority by Improving Export Control Transparency Act — issued 2025-07-24 — PDF (2 pages)
- Maintaining American Superiority by Improving Export Control Transparency Act — issued 2025-02-13 — PDF (4 pages)
- Maintaining American Superiority by Improving Export Control Transparency Act — issued 2025-05-06 — PDF (4 pages)