[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3200 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 3200
To amend the Export Control Reform Act of 2018 to require a competitive
market review for applications for a license to export, reexport, or
in-country transfer emerging and foundational technologies, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 19, 2025
Mr. Scott of Florida (for himself and Ms. Warren) introduced the
following bill; which was read twice and referred to the Committee on
Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To amend the Export Control Reform Act of 2018 to require a competitive
market review for applications for a license to export, reexport, or
in-country transfer emerging and foundational technologies, 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 ``License Monopoly Prevention Act of
2025''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) The Bureau of Industry and Security maintains a
regularly updated Entity List of foreign persons (set forth in
Supplement No. 4 to part 744 of the Export Administration
Regulations), including businesses, research institutions,
government organizations, private organizations, individuals,
and other types of legal persons, that are subject to specific
license requirements for the export, reexport, or in-country
transfer of specified items.
(2) In recent years, the number of listed foreign persons
has grown significantly, and now includes private consumer
companies that are not producers of traditional military or
national security products.
(3) Monopoly licenses have inadvertently been issued over
the last few years, in some cases granting an exclusive right
for a single company to sell a specific product to an entity on
the Entity List without consideration of the market distorting
impacts of these monopolies.
(4) The issuance of monopoly licenses creates the
appearance that the Bureau of Industry and Security favors some
companies at the expense of others, undermining the credibility
of the bureau and undercutting the ability of the United States
Government to work with the governments of allies and partners
to build a shared regulatory infrastructure to control
sensitive commercial technology.
(5) Monopoly licenses have the potential to create serious
distortion in the market, exacerbate economic and security
vulnerabilities, and undermine fairness in the export licensing
regime administered by the Bureau of Industry and Security.
(b) Sense of Congress.--It is the sense of Congress that the
Department of Commerce would be well-served by a requirement that the
Bureau of Industry and Security coordinate with the International Trade
Administration to conduct a competitive market review when evaluating a
request for a license to determine whether issuing the license would
result in a single applicant having the sole license for the export,
reexport, or in-country transfer of an article to similarly situated
end users.
SEC. 3. REQUIREMENT FOR COMPETITIVE MARKET REVIEW.
Section 1758(b)(3) of the Export Control Reform Act of 2018 (50
U.S.C. 4817(b)(3)) is amended by adding at the end the following:
``(D) Competitive market review.--
``(i) In general.--In reviewing an
application for a license or other
authorization for the export, reexport, or in-
country transfer of technology described in
paragraph (1), the Under Secretary of Commerce
for Industry and Security shall conduct a
competitive market review to determine whether
the requested license or other authorization,
if issued, would be the sole license or other
authorization for the export, reexport, or in-
country transfer of such technology to an end
user or for an end use and may issue such
license or other authorization only if the
Under Secretary certifies to the appropriate
congressional committees that--
``(I) the Under Secretary has
received no other application for the
export, reexport, or in-country
transfer of such technology for that
end user or end use; or
``(II) if the Under Secretary has
received more than one such
application, the technologies or
functions of the technologies described
in the applications are different to a
degree that the Secretary considers the
technologies to be separate
technologies for purposes of issuing
such license or other authorization.
``(ii) Consultation requirement.--In
conducting a competitive market review required
by clause (i), the Under Secretary of Commerce
for Industry and Security shall consult with
the Under Secretary of Commerce for
International Trade.
``(iii) Appropriate congressional
committees defined.--In this subparagraph, the
term `appropriate congressional committees'
means--
``(I) the Committee on Banking,
Housing, and Urban Affairs of the
Senate; and
``(II) the Committee on Foreign
Affairs of the House of
Representatives.
``(E) Treatment of subsequent license
applications.--After issuing a sole license or other
authorization for the export, reexport, or in-country
transfer of technology described in paragraph (1), the
Under Secretary of Commerce for Industry and Security
shall approve any subsequent application for a license
or other authorization for the same technology as the
original license, unless approving such application
creates a unique risk or concern that was not present
at the time that the original license or other
authorization was issued.''.
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