Official Summaries

Maintaining American Superiority by Improving Export Control Transparency Act

This bill requires the Department of Commerce's Bureau of Industry and Security (BIS) to annually report to Congress on export control licensing.

Under current law, BIS administers and enforces controls on the export of dual-use goods (e.g., items with both civilian and military uses) and certain military parts and components. These export controls are implemented primarily under the Export Control Reform Act of 2018 (ECRA) through the Export Administration Regulations (EAR).

Under this bill, BIS must annually report to Congress on license applications, enforcement actions, and other requests for authorization for the export, reexport, release, and in-country transfer of items subject to the EAR to covered entities. A covered entity is any entity that (1) is located or operating in a country listed in Country Group D:5 (countries that are identified by the Department of State as subject to U.S. arms embargoes), and (2) is included on the Entity List or the Military End-User List (two of the lists published by BIS containing information on the individuals, organizations, and addresses subject to restrictions involving items subject to the EAR).

The bill requires this report to include specified information, such as the name of the entity submitting the application, where the item is being exported, the decision with respect to the license application or authorization, and information on related enforcement activities to ensure compliance with U.S. export controls. The information shall be exempt from public disclosure (except for aggregate statistics).

Maintaining American Superiority by Improving Export Control Transparency Act

This act requires the Department of Commerce's Bureau of Industry and Security (BIS) to annually report to Congress on export control licensing.

Under current law, BIS administers and enforces controls on the export of dual-use goods (e.g., items with both civilian and military uses) and certain military parts and components. These export controls are implemented primarily under the Export Control Reform Act of 2018 (ECRA) through the Export Administration Regulations (EAR).

Under this act, BIS must annually report to Congress on license applications, other requests for authorization, and end-use checks (on-site verifications conducted by BIS) for the export, reexport, release, and in-country transfer of items subject to the EAR to covered entities. A covered entity is any entity that (1) is located in a country listed in Country Group D:5 (countries that are identified by the Department of State as subject to U.S. arms embargoes), and (2) is included on the Entity List or the Military End-User List (two of the lists published by BIS containing information on the individuals, organizations, and addresses subject to restrictions involving items subject to the EAR).

The act requires this report to include specified information, such as the name of the entity submitting the application, where the item is being exported, the decision with respect to the license application or authorization, and information on any end-use checks to ensure compliance with U.S. export controls. The information shall be exempt from public disclosure (except for aggregate statistics). Additionally, BIS must exclude from the report any information that could jeopardize an ongoing investigation.

Current Full Text

[119th Congress Public Law 34]
[From the U.S. Government Publishing Office]



[[Page 139 STAT. 488]]

Public Law 119-34
119th Congress

                                 An Act


 
  To amend the Export Control Reform Act of 2018 relating to licensing 
          transparency. <<NOTE: Aug. 19, 2025 -  [H.R. 1316]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Maintaining 
American Superiority by Improving Export Control Transparency Act. 50 
USC 4801 note.>> 

50 USC 
4801 note.
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 one year after the date of 
        the enactment of this subsection, and not less frequently than 
        annually thereafter, the Secretary, shall, subject to the 
        availability of appropriations, submit to the appropriate 
        congressional committees a report on end-use checks related to, 
        as well as license applications 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 preceding one year-period, the 
        following:
                    ``(A) For each license application or other request 
                for authorization, the name of the entity submitting the 
                application, a brief description of the item (including 
                the Export Control Classification Number (ECCN) and 
                reason for 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 any end-use 
                checks, 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).
            ``(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).

[[Page 139 STAT. 489]]

            ``(4) Protecting enforcement information.--In preparing and 
        submitting a report under subsection (e), the Secretary shall 
        ensure that information that may jeopardize an ongoing 
        investigation shall not be included in the contents of the 
        report.
            ``(5) 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 
                that--
                          ``(i) is located in a country listed in 
                      Country Group D:5 under Supplement No. 1 to part 
                      740 of title 15, Code of Federal Regulations; and
                          ``(ii) is 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.''.

    Approved August 19, 2025.

LEGISLATIVE HISTORY--H.R. 1316:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 171 (2025):
            May 5, considered and passed House.
            July 22, considered and passed Senate.

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