HR 8285
Protecting American Competition Act of 2026
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Bill overview
This bill, the Protecting American Competition Act of 2026, amends the Export Control Reform Act of 2018 to require a review of export license applications to ensure fair competition. Specifically, it directs the Under Secretary for Industry and Security to consider whether issuing a license would be the first for a particular item and ultimate consignee, and to prioritize subsequent applications from other companies seeking similar licenses. The bill also mandates regular reporting to Congress on licensing decisions and the rationale behind them.
Key provisions
- Requires a competitive market review for export license applications.
- Directs the Under Secretary to consider if a license is the first for a specific item and recipient.
- Mandates prioritizing subsequent applications for similar items to the same recipient.
- Requires annual reporting to Congress on licensing decisions and their rationale.
- Defines ‘appropriate congressional committees’ for reporting purposes.
- Specifies the Under Secretary’s role, requiring consultation with key departments.
- Establishes a rule of construction to prevent delays that could harm national security.
Who is affected
- Businesses seeking export licenses
- Government agencies involved in export control
- Companies exporting technology
- The Under Secretary for Industry and Security
- Congress
Notable changes
- Introduces a requirement for competitive market review of export license applications.
Sponsors
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Primary sponsor
Cosponsors
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119th CONGRESS — 2d Session
H. R. 8285
IN THE HOUSE OF REPRESENTATIVES
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.
This Act may be cited as the Protecting American Competition Act of 2026
.
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.
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.
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—
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;
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
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.
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.
In this subsection:
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.
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.