HR-8036-119
Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 25 - 19.
Sponsored by James Baird (R-IN)
What it does
This bill would amend the Export Control Reform Act of 2018 in two main ways. First, it would allow the Secretaries of State, Defense, and Energy to formally submit proposed rules to the Export Administration Review Board (EARB), which would then vote within 30 days to accept or reject each proposal. Second, it would require the Secretary of State to complete a review — within 30 days of enactment — of China's military-civil fusion strategy and its implications for U.S. export control policy, then propose any resulting policy changes to the EARB within 90 days, and report findings to Congress within 150 days.
Who benefits
U.S. defense and national security agencies (State, Defense, Energy) that would gain a formal channel to initiate export control rulemaking, rather than relying solely on the Commerce Department. U.S. semiconductor, AI, quantum, and advanced technology companies that could benefit from clearer, more consistent export rules. Allied governments and foreign companies that compete with Chinese firms and could gain a more level playing field. Congressional oversight committees that would receive a structured report on China's military-civil fusion risks. U.S. military and intelligence communities concerned about technology transfer to China's armed forces.
Who is hurt
U.S. companies that currently export technology, components, or services to Chinese entities — particularly in sectors like semiconductors, AI, robotics, and biotechnology — who may face tighter restrictions following the review. Chinese companies and their U.S. business partners that could be added to the Military End-User List. The Commerce Department's Bureau of Industry and Security, which currently leads export control rulemaking and may see its agenda-setting authority diluted. U.S. universities and research institutions with Chinese partnerships that could face new compliance burdens. American workers in export-dependent industries that may see reduced sales to Chinese customers.
Supporters argue
Supporters argue that China's military-civil fusion strategy deliberately blurs the line between civilian and military technology development, meaning that exports to ostensibly commercial Chinese entities may directly benefit the People's Liberation Army. They contend that the current system — where Commerce leads rulemaking with only consultative input from State, Defense, and Energy — leaves national security expertise underutilized, and that giving those agencies a formal proposal mechanism ensures that security concerns are structurally embedded in the rulemaking process rather than filtered through a single department.
Opponents argue
Opponents argue that adding three more agencies as formal rulemaking initiators risks fragmenting export control policy, creating conflicting proposals, and slowing the regulatory process at a time when technology competition with China demands speed and coherence. They contend that the 30-day review window for the China military-civil fusion assessment is unrealistically short for a complex, multi-agency analysis, and that rushed conclusions could produce overbroad restrictions that harm U.S. technology companies and research institutions without meaningfully improving national security outcomes.