H.R. 8285

119 HR 8285 IH: Protecting American Competition Act of 2026
 U.S. House of Representatives
 2026-04-15
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 EN
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 I  119th CONGRESS  2d Session  H. R. 8285  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    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.
1.
Short title
This Act may be cited as the   Protecting American Competition Act of 2026  .
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.