H.R. 8036

119 HR 8036 IH: Interagency Coordination in Export Controls Act of 2026
 U.S. House of Representatives
 2026-03-24
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 I  119th CONGRESS  2d Session  H. R. 8036  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.
1.
Short title
This Act may be cited as the   Interagency Coordination in Export Controls Act of 2026  .
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.
 .
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.
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.