Protecting American Competition Act of 2026
- Bill Number
- H.R. 8285
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Foreign Trade and International Finance
- Status
- Introduced
- Latest Action
- 2026-04-22: Ordered to be Reported by the Yeas and Nays: 44 - 0.
- Last Updated
- 2026-05-26T17:50:28Z
AI-Generated Summary
Purpose
The Protecting American Competition Act of 2026 (H.R. 8285) amends the Export Control Reform Act of 2018 to promote fair competition in the export licensing process for certain controlled technologies. It requires reviewers to consider whether a license application is the first (initial) one for exporting, reexporting, or transferring items to a specific end user or recipient, while ensuring timely handling of follow-up applications from other U.S. companies.
Key Provisions
- Initial License Review: The Under Secretary for Industry and Security (BIS, part of the Department of Commerce) must evaluate if a proposed license would be the first approval for a controlled item (e.g., advanced technology) to a specific ultimate consignee (final recipient) or end user.
- Timely Subsequent Reviews: After granting an initial license, BIS must process follow-up applications from other companies for the same or similar items to the same recipient in a prompt manner.
- Annual Reporting to Congress: Starting one year after enactment, BIS submits yearly reports to key congressional committees detailing:
- Number of initial licenses where competing applications existed.
- Details of those initial licenses and outcomes of competing applications.
- Reasons for granting the initial license despite competition.
- 90-Day Implementation Report: BIS must report to Congress within 90 days on how it is handling timely reviews for subsequent applications, including any policy or procedural changes.
- Safeguards: BIS cannot delay decisions or approve licenses that harm U.S. national security or foreign policy. Reviews involve consultation with the Departments of State, Defense, and Energy.
- Definitions: Specifies "appropriate congressional committees" (House Foreign Affairs; Senate Banking, Housing, and Urban Affairs) and clarifies the Under Secretary's role.
Significant Changes to Existing Law
- Adds a new subsection (f) to Section 1756 of the Export Control Reform Act of 2018 (50 U.S.C. 4815), introducing a competitive market review requirement.
- Shifts focus from purely security-based reviews to also considering market competition, without overriding security priorities.
- Mandates new transparency through congressional reporting, which was not previously required for initial vs. subsequent licenses.
Potential Impacts
- Government Agencies: Increases workload for BIS with added review criteria, consultations, and reporting; promotes efficiency in processing competing applications.
- U.S. Businesses/Citizens: Levels the playing field for American exporters of controlled technologies (e.g., semiconductors, AI tools), reducing first-mover advantages and encouraging competition.
- International Relations: May expand access to U.S. technologies for foreign end users by facilitating multiple suppliers, but maintains strict controls to protect national security; could affect trade dynamics with countries receiving these exports.
Main Stakeholders Affected
- U.S. Exporters: Companies applying for export licenses, who benefit from fairer competition.
- BIS and Consulting Agencies: Department of Commerce (lead), plus State, Defense, and Energy for reviews.
- Congress: House Foreign Affairs and Senate Banking committees for oversight via reports.
- Foreign Entities: Ultimate consignees and end users abroad, who may gain more U.S. supplier options.
Notable Legal, Constitutional, or Political Implications
- Legal: Reinforces existing export control framework without altering core national security authority; includes a "rule of construction" to prevent misinterpretation as mandating insecure approvals.
- Constitutional: No direct challenges; aligns with Congress's commerce and foreign affairs powers under Article I.
- Political: Bipartisan sponsorship (Reps. Issa, Meeks, McCormick); emphasizes economic competition alongside security, potentially appealing across party lines but requiring BIS to balance transparency with operational discretion. Referred to House Foreign Affairs Committee.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (6)
Rep. Meeks, Gregory W. [D-NY-5], Rep. McCormick, Richard [R-GA-7], Rep. Johnson, Julie [D-TX-32], Rep. Baird, James R. [R-IN-4], Rep. Lawler, Michael [R-NY-17], Rep. Sherman, Brad [D-CA-32]
Recent Actions
- 2026-04-22: Ordered to be Reported by the Yeas and Nays: 44 - 0.
- 2026-04-22: Committee Consideration and Mark-up Session Held
- 2026-04-15: Referred to the House Committee on Foreign Affairs.
- 2026-04-15: Introduced in House
- 2026-04-15: Introduced in House
Bill Versions
- Protecting American Competition Act of 2026 — issued 2026-04-15 — PDF (5 pages)