Protecting American Competition Act of 2026

[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.

_______________________________________________________________________

                    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.

    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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