Bill > S3200

This bill aims to prevent monopolistic practices in technology export licensing by requiring the Bureau of Industry and Security (BIS) to conduct a competitive market review when processing export license applications for emerging and foundational technologies. The bill addresses concerns that the BIS has inadvertently issued exclusive licenses to single companies for exporting specific technologies to entities on the Entity List (a government watchlist of foreign persons subject to special export restrictions), which can distort markets and undermine fair competition. Under the proposed legislation, when reviewing license applications, the Under Secretary of Commerce for Industry and Security must first determine whether the requested license would be the sole authorization for a specific technology's export to a particular end user. If multiple applications are received, the Under Secretary must assess whether the technologies are sufficiently different to justify separate licenses. The bill also mandates consultation with the Under Secretary of Commerce for International Trade during this review process and requires reporting to specific congressional committees. Additionally, the bill stipulates that after issuing an initial sole license, the BIS should generally approve subsequent applications for the same technology unless unique risks emerge, thereby promoting a more open and competitive export licensing system.

Housing and Urban Affairs

https://www.congress.gov/bill/119th-congress/senate-bill/3200/all-info