[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8285 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 8285
To amend the Export Control Reform Act of 2018 to require a competitive
market review of applications for a license to export, reexport, or
transfer in-country certain technology, and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
April 15, 2026
Mr. Issa (for himself, Mr. Meeks, and Mr. McCormick) introduced the
following bill; which was referred to the Committee on Foreign Affairs
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A BILL
To amend the Export Control Reform Act of 2018 to require a competitive
market review of applications for a license to export, reexport, or
transfer in-country certain technology, and for other purposes.
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 ``Protecting American Competition Act
of 2026''.
SEC. 2. INITIAL LICENSE REVIEW.
(a) In General.--Section 1756 of the Export Control Reform Act of
2018 (50 U.S.C. 4815) is amended by adding at the end the following:
``(f) Initial License Review.--
``(1) In general.--In reviewing an application for a
license or other authorization for the export, reexport, or in-
country transfer of items controlled under this part, the Under
Secretary for Industry and Security (Under Secretary) shall
consider whether the requested license or other authorization,
if issued, would be the initial license or other authorization
for the export, reexport, or in-country transfer of such item
to an ultimate consignee or end user.
``(2) Treatment of subsequent license applications.--After
issuing an initial license or other authorization for the
export, reexport, or in-country transfer of an item described
in paragraph (1), the Under Secretary should attempt to
administer in a timely manner any subsequent application by
other applicants for a license or other authorization for the
same or a similar item to the same ultimate consignee or end
user as the initial license.
``(3) Report to congress.--No later than one year after the
date of the enactment of this subsection, and annually
thereafter, the Under Secretary shall submit to the appropriate
congressional committees a report that details--
``(A) the number of initial licenses granted, if
any, in the previous calendar year for which there were
other applications submitted to export, re-export, or
in-country transfer the same or a similar item to the
same ultimate consignee or end-user;
``(B) the details of the initial licenses granted,
if any, for which there were other applications
submitted for a license to export, re-export, or in-
country transfer the same or a similar item to the same
ultimate consignee or end-user, and the details and
outcome of such other submitted applications; and
``(C) the reason for creating an initial license to
export, re-export, or in-country transfer of the item
or a similar item to the ultimate consignee or end-user
when there were other applications for the submitted
for a license to export, re-export, or in-country
transfer a same or similar item to the same ultimate
consignee or end-user.
``(4) Rule of construction.--Nothing in this Act shall be
construed to require the Under Secretary to delay a licensing
decision or administer a licensing decision that is contrary to
the national security or foreign policy interests of the United
States.
``(5) Definitions.--In this subsection:
``(A) Appropriate congressional committees.--The
term `appropriate congressional committees' means the
Committee on Foreign Affairs of the House of
Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate.
``(B) Under secretary.--The term `Under Secretary'
means the Under Secretary for Industry and Security,
acting in consultation with the Secretary of State, the
Secretary of Defense, and the Secretary of Energy, or
their designees.''.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Under Secretary for Industry and Security shall submit
to Congress a report on how the Under Secretary is implementing
subsection (f)(2) of section 1756 of the Export Control Reform Act of
2018, as added by subsection (a), including detailing any changes to
licensing policy or licensing officer operating protocols implemented
pursuant to implementation of such subsection.
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