H.R. 8036

[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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