H.R. 8285: Protecting American Competition Act of 2026

This bill, titled the Protecting American Competition Act of 2026, proposes amendments to the Export Control Reform Act of 2018. Its primary focus is to enhance the review process for exporting, re-exporting, or transferring specific items and technologies. Here’s a breakdown of the key elements of the bill:

Initial License Review

The bill requires that, when reviewing applications for licenses to export, re-export, or transfer controlled items, the Under Secretary for Industry and Security must consider whether the application is the first one for that item to a specific end user. This means:

• If an initial license is granted, the Under Secretary will prioritize reviewing subsequent applications for the same or similar items to the same end user.

Annual Reporting to Congress

The bill mandates that, within one year of its enactment and annually thereafter, the Under Secretary must report to Congress on:

• The number of initial licenses granted in the previous year despite other pending applications for similar items to the same end user.
• The specific details of any granted initial licenses in this context.
• The reasoning behind granting initial licenses when there are pending applications for similar items to the same recipient.

Licensing Decision Guidelines

A provision in the bill clarifies that the Under Secretary is not required to delay licensing decisions if doing so would negatively impact U.S. national security or foreign policy interests.

Definitions and Committee References

The bill includes definitions relevant to its provisions:

• Appropriate congressional committees: Refers to the House Committee on Foreign Affairs and the Senate Committee on Banking, Housing, and Urban Affairs.
• Under Secretary: This is the Under Secretary for Industry and Security, who will consult with other key government officials when implementing these rules.

Implementation Report

Finally, the Under Secretary for Industry and Security is required to submit a report to Congress within 90 days after the enactment of the law, detailing how the new licensing protocols are being adopted.

Relevant Companies

• None found