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..