Bill Summary
The "Interagency Coordination in Export Controls Act of 2026" seeks to enhance the U.S. export control framework by enabling the Secretaries of State, Defense, and Energy to propose new rules or amendments to existing rules related to export controls. This legislation amends the Export Control Reform Act of 2018 to facilitate better interagency coordination in the rulemaking process.
Key provisions include:
1. **Interagency Rulemaking**: The designated Secretaries can submit proposals to the Export Administration Review Board, which must vote on these proposals within 30 days. If further information is needed, the deadline can be extended by an additional 30 days.
2. **Evaluation of China's Military-Civil Fusion Strategy**: The Secretary of State is tasked with reviewing the implications of China’s military-civil fusion strategy on U.S. export control policy and national security. This review includes assessing how U.S. technology is being exploited for military modernization in China and evaluating the reliability of end-use checks for exports to Chinese entities.
3. **Policy Recommendations**: Following the evaluation, the Secretary must propose any necessary changes to export control policies, including potential additions to the Military End-User List, updated restrictions, or any other measures to address identified national security risks.
4. **Reporting to Congress**: A report detailing the review's findings and any proposed changes to export control policy must be submitted to relevant congressional committees within 150 days of the legislation's enactment.
Overall, this legislation aims to strengthen U.S. export controls in response to evolving national security challenges, particularly regarding China's military capabilities.
Possible Impacts
The "Interagency Coordination in Export Controls Act of 2026" could have several significant effects on people, particularly in the realms of national security, international trade, and technology transfer. Here are three examples:
1. **Exporters and Businesses**: Companies involved in exporting technology, especially those that deal with sensitive technologies like artificial intelligence, semiconductors, and biotechnology, may face stricter regulations and scrutiny. The evaluation of China’s military-civil fusion strategy could lead to increased oversight and potentially new restrictions on exports to Chinese entities. This may require businesses to invest in compliance measures and due diligence processes to ensure they are not inadvertently supporting military advancements in China, which could impact their operational costs and market access.
2. **National Security Professionals and Government Agencies**: The legislation mandates a review of China’s military-civil fusion strategy and its implications for U.S. export control policies. This could create more job opportunities within government agencies for analysts and experts in national security and international relations who are tasked with evaluating and implementing these new policies. Furthermore, existing professionals may need to adapt to new frameworks and protocols that arise from the proposed changes, affecting their roles and responsibilities.
3. **International Relations and Diplomacy**: The act may alter the dynamics of U.S.-China relations by emphasizing the need for coordination among multiple U.S. agencies in formulating export control policies. As the U.S. government assesses the military-civil fusion strategy, it could lead to tensions with China, impacting diplomatic relations and cooperation in other areas. Citizens and businesses involved in international trade may feel the repercussions of these strained relations through changes in tariffs, trade agreements, and the overall climate of international commerce.
These examples illustrate how the legislation can influence various sectors and the lives of individuals, from business operations to government careers and international diplomatic relations.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8036 Introduced in House (IH)]
<DOC>
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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