Interagency Coordination in Export Controls Act of 2026

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8036 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 8036

To amend the Export Control Reform Act of 2018 to permit the Secretary
  of State, Defense, or Energy to submit proposed rules to the Export
   Administration Review Board, to require the Secretary of State to
evaluate the military civil fusion strategy of the People's Republic of
                     China, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 24, 2026

  Mr. Baird 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 permit the Secretary
  of State, Defense, or Energy to submit proposed rules to the Export
   Administration Review Board, to require the Secretary of State to
evaluate the military civil fusion strategy of the People's Republic of
                     China, 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 ``Interagency Coordination in Export
Controls Act of 2026''.

SEC. 2. INTERAGENCY RULEMAKING PROPOSALS.

    Section 1754 of the Export Control Reform Act of 2018 (50 U.S.C.
4813) is amended--
            (1) in subsection (a), by striking ``consultation'' and
        inserting ``coordination''; and
            (2) by adding at the end, the following new subsection:
    ``(g) Interagency Rulemaking Proposals.--
            ``(1) Submission of proposals.--The Secretary of State,
        Defense, or Energy may submit to the Export Administration
        Review Board (or its successor) (hereinafter the `Board') a
        proposal for a new rule, or an amendment to an existing rule,
        under the Export Administration Regulations.
            ``(2) Approval of proposals.--
                    ``(A) In general.--Except as provided under
                subparagraph (B), not later than days 30 days after a
                proposal is submitted under paragraph (1), the Board
                shall vote to accept or reject the proposal. The
                Secretary shall initiate the rulemaking process for
                each proposal accepted by a simple majority vote of the
                Board.
                    ``(B) Exception.--A Board member may extend the
                deadline described in subparagraph (A) by an additional
                30 days if--
                            ``(i) a Board member requires additional
                        information regarding the proposal with respect
                        to which such extension is sought; and
                            ``(ii) the Board member that issued such
                        proposal agrees to such extension.''.

SEC. 3. STATE DEPARTMENT EVALUATION OF CHINA'S MILITARY-CIVIL FUSION
              STRATEGY.

    (a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Secretary shall, in consultation with each
agency that is represented by a member of the Operating Committee for
Export Policy, complete a review of the implications of the military-
civil fusion strategy of the People's Republic of China (in this Act
referred to as the ``PRC'') for the export control policy of the United
States and for the national security of the United States, including a
review of the following topics:
            (1) The exploitation of United States and allied technology
        and talent by the PRC to modernize the PRC's military.
            (2) Whether any entity in the PRC can be considered, in the
        context of United States national security and export control
        policy, a purely civilian entity.
            (3) The reliability of end-use checks and end-use
        conditions for exports, reexports, and in-country transfers to
        entities that are located or headquartered in, or the ultimate
        parent company of which is headquartered in, the PRC.
            (4) The relationship between the PRC's strategic technology
        sectors (such as artificial intelligence, semiconductor,
        quantum, robotics, biotechnology) and the PRC's military.
            (5) Whether the addition of any entity to the Military End-
        User List would address to any extent the national security
        risks posed by the military-civil fusion strategy of the PRC.
            (6) Due diligence required by exporters to prevent the
        PRC's military from accessing United States technology.
            (7) Whether any change to United States export control
        policy would address to any extent the national security risks
        posed by the military-civil fusion strategy of the PRC.
            (8) Any other topic the Secretary determines is relevant
        for this review.
    (b) Proposed Changes to Policy.--
            (1) In general.--Not later than 90 days after the date of
        the enactment of this Act, the Secretary shall consider
        proposing to the Export Administration Review Board (or any
        successor entity) any change to United States export control
        policy identified pursuant to the review required by subsection
        (a), which may include--
                    (A) additions to the Military End-User List;
                    (B) changes to export control restrictions on
                certain military end uses;
                    (C) new rules or amendments to the Export
                Administration Regulations;
                    (D) a final rule pursuant to the proposed rule
                published in the Federal Register entitled ``End-Use
                and End-User Based Export Controls, Including U.S.
                Persons Activities Controls: Military and Intelligence
                End Uses and End Users'' (89 Fed. Reg. 60985 (July 29,
                2024)); and
                    (E) any other policy the Secretary determines would
                address the national security risks posed by the
                military-civil fusion strategy of the PRC.
            (2) Interagency vote.--The Board shall vote on the adoption
        of each change proposed pursuant to paragraph (1) in the manner
        described in subsection (g)(2) of section 1754 of the Export
        Control Reform Act of 2018 (50 U.S.C. 4813), as added by
        section 2.
    (c) Report to Congress.--Not later than 150 days after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report that includes the
following:
            (1) The review required by subsection (a).
            (2) Any proposed rule required by subsection (b).
            (3) Any change in United States policy approved by the
        Export Administration Review Board.
            (4) Any recommended change to United States law that would
        help address the national security risks posed by the military-
        civil fusion strategy of the PRC.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs of the House
                of Representatives; and
                    (B) the Committee on Banking, Housing, and Urban
                Affairs of the Senate.
            (2) Military end-user list.--The term ``Military End-User
        List'' means the list maintained by the Bureau of Industry and
        Security of the Department of Commerce and set forth in
        Supplement No. 7 to part 744 of title 15, Code of Federal
        Regulations, or successor regulations.
            (3) Operating committee for export policy.--The term
        ``Operating Committee for Export Policy'' means the Operating
        Committee for Export Policy referred to in section 1763(c) of
        the John S. McCain National Defense Authorization Act for
        Fiscal Year 2019 (50 U.S.C. 4822(c)).
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of State.
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