,,ii  #aaith ,,congress  #ast ,session  
,s4 #cbjj  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,november #ai1 
#bjbe,mr4 ,scott of ,florida 7for       
himself and ,ms4 ,warren7 introduced the
 following bill2 which was read twice   
and referred to the ,committee on       
,banking1 ,housing1 and ,urban ,affairs 
,a ,,bill  ,to amend the ,export        
,control ,reform ,act of #bjah to       
require a competitive market review for 
applications for a license to export1   
reexport1 or in-country transfer        
emerging and foundational technologies1 
and for other purposes4  #a4 ,short     
title ,this ,act may be cited as the    
,license ,monopoly ,prevention ,act of  
#bjbe4  #b4 ,findings2 ,sense of        
,congress  7a7 ,findings ,congress makes
 the following findings3 7#a7 ,the      
,bureau of ,industry and ,security      
maintains a regularly updated ,entity   
,list of foreign persons 7set forth in  
,supplement ,no4 #d to part #gdd of the 
,export ,administration ,regulations71  

including businesses1 research          
institutions1 government organizations1 
private organizations1 individuals1 and 
other types of legal persons1 that are  
subject to specific license requirements
 for the export1 reexport1 or in-country
 transfer of specified items4  7#b7 ,in 
recent years1 the number of listed      
foreign persons has grown significantly1
 and now includes private consumer      
companies that are not producers of     
traditional military or national        
security products4  7#c7 ,monopoly      
licenses have inadvertently been issued 
over the last few years1 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 monopolies4  7#d7 ,the 
issuance of monopoly licenses creates   
the appearance that the ,bureau of      
,industry and ,security favors some     
companies at the expense of others1     
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 technology4  7#e7 ,monopoly  
licenses have the potential to create   
serious distortion in the market1       
exacerbate economic and security        
vulnerabilities1 and undermine fairness 
in the export licensing regime          
administered by the ,bureau of ,industry
 and ,security4  7b7 ,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 export1 
reexport1 or in-country transfer of an  

article to similarly situated end users4
  #c4 ,requirement for competitive      
market review ,section #ageh7;b77#c7 of 
the ,export ,control ,reform ,act of    
#bjah 7#ej ,u4,s4,c4 #dhag7;b77#c77 is  
amended by adding at the end the        
following3  7,d7 ,competitive market    
review  7i7 ,in general ,in reviewing an
 application for a license or other     
authorization for the export1 reexport1 
or in-country transfer of technology    
described in paragraph 7#a71 the ,under 
,secretary of ,commerce for ,industry   
and ,security shall conduct a           
competitive market review to determine  
whether the requested license or other  
authorization1 if issued1 would be the  
sole license or other authorization for 
the export1 reexport1 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--  7,i7 the ,under ,secretary has 

received no other application for the   
export1 reexport1 or in-country transfer
 of such technology for that end user or
 end use2 or  7,,ii7 if the ,under      
,secretary has received more than one   
such application1 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 authorization4    
7ii7  ,consultation requirement  ,in    
conducting a competitive market review  
required by clause 7i71 the ,under      
,secretary of ,commerce for ,industry   
and ,security shall consult with the    
,under ,secretary of ,commerce for      
,international ,trade4  7iii7           
,appropriate congressional committees   
defined  ,in this subparagraph1 the term
 appropriate congressional committees   
means--  7,i7 the ,committee on         
,banking1 ,housing1 and ,urban ,affairs 
of the ,senate2 and  7,,ii7 the         

,committee on ,foreign ,affairs of the  
,house of ,representatives4  7,e7       
,treatment of subsequent license        
applications ,after issuing a sole      
license or other authorization for the  
export1 reexport1 or in-country transfer
 of technology described in paragraph   
7#a71 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 license1
 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 issued4  4