Short title

This Act may be cited as the

Bureau of Industry and Security License Administration Enhancement Act

Enhancement of administration of export control licenses

Part I of the Export Control Reform Act of 2018 (50 U.S.C. 4801 et. seq.) is amended by adding at the end the following:

1769.

Enhancement of administration of export control licenses

(a)

Enhancement of administration of certain communications

(1)

In general

The Secretary shall administer any export control license or other authorization considered pursuant to an is-informed letter or similar targeted regulatory guidance or supplemental license requirement communication sent to a United States person or foreign person by the same interagency process as any license or other authorization administered pursuant to the Export Administration Regulations. (2)

Publication

Not later than 60 days after issuing a license or other authorization described in paragraph (1), the is-informed letter or similar targeted regulatory guidance or supplemental license requirement communication with respect to the license or authorization shall terminate unless the Secretary, in consultation with the Secretary of State, the Secretary of Defense, and the Secretary of Energy, publishes in the Code of Federal Regulations a regulation that provides for the parameters of the letter or guidance or publishes in the Federal Register the communication. (b)

Matters relating to the presumption of denial standard

(1)

Statement of policy

It is the policy of the United States to prevent United States and allied technology from being used to facilitate the military modernization and human rights abuses of foreign adversaries. (2)

Standards and factors for presumption of denial standard

(A)

Publication

Not later than 90 days after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of State, the Secretary of Defense, and the Secretary of Energy, shall publish in the Federal Register the standards and factors that licensing officers should consider when considering a license under a presumption of denial standard. (B)

Submission to Congress

Not later than 7 days prior to the date the Secretary publishes or otherwise makes available to the public such standards and factors, the Secretary shall submit such standards and factors to— (i)the Committee on Foreign Affairs of the House of Representatives; and (ii)the Committee on Banking, Housing, and Urban Affairs of the Senate.

Export control technical advisory committees

Section 1754 of the Export Control Reform Act of 2018 (50 U.S.C. 4813) is amended by adding at the end the following new subsection:

(g)

Technical advisory committees

(1)

Duties

The technical advisory committees shall advise the Secretary on— (A)the state of global technology supply chains and the development of advanced technologies by adversaries; (B)national security threats posed by access by adversaries to technologies sourced from the United States or an ally of the United States; (C)technical parameters for export controls; (D)the extent to which existing and proposed export controls achieve the policy of the United States described in section 1752; (E)the identification of emerging and foundational technologies pursuant to section 1758; (F)improvements to export licensing procedures, compliance mechanisms, and export enforcement strategies; and (G)any other matter requested by the Secretary. (2)

Required committees

The Secretary shall appoint a technical advisory committee for each of the following topics: (A)Computing technologies and information systems, including semiconductors, microelectronics, artificial intelligence, and quantum computing. (B)Biotechnologies. (C)Automation, including robotics, advanced manufacturing, and autonomous systems. (D)Aerospace and space technologies. (E)Advanced materials. (F)Weapons of mass destruction. (G)Emerging and foundational technologies. (H)Regulations and procedures. (3)

Subcommittees

The Secretary may appoint subcommittees for any technical advisory committee. (4)

Committee review

Beginning on the date that is 2 years after the date of the enactment of this subsection, the Secretary may, in coordination with the Secretary of State, the Secretary of Defense, and the Secretary of Energy, review the technical advisory committees and create additional committees or adjust the topics of existing committees as necessary. (5)

Choosing committees

The Secretary, in coordination with the Secretary of State, the Secretary of Defense, and the Secretary of Energy, shall adjust the topics of the technical advisory committees to reflect relevant executive branch strategies and critical technology lists, such as the National Security Strategy, the National Defense Strategy, the AI Action Plan (or a successor plan), the Critical and Emerging Technologies List (or a successor list), and the America First Investment Policy Memorandum (or a successor memorandum). (6)

Membership

(A)

In general

The membership of each technical advisory committee shall be equally divided between national security experts, technical specialists from a relevant industry, and academic experts in a relevant field. (B)

Term

The term of a member on a technical advisory committee shall be 3 years. (C)

Non-disclosure agreement

No individual may serve as a member of a technical advisory committee unless such individual has entered into a binding non-disclosure agreement with the Secretary that prohibits the individual from making an unauthorized disclosure of proprietary information, policy deliberations, and national security information communicated through or related to a technical advisory committee. (D)

Staffing

The Secretary shall process applications to join any technical advisory committee in a timely manner. (7)

Meetings

(A)

Frequency

Each technical advisory committee shall meet not less frequently than once every 120 days. (B)

Submission of minutes

The Secretary shall submit to the appropriate congressional committees the minutes of each meeting of a technical advisory committee within 30 days of each meeting. (8)

Webpage

The Bureau of Industry and Security shall maintain on the website of the Bureau a webpage describing each technical advisory committee, including the membership and meeting schedule of each such committee. (9)

Technology and policy assessment

Each technical advisory committee shall, not less frequently than annually, submit to the Secretary, the Secretary of State, the Secretary of Defense, the Secretary of Energy, and the appropriate congressional committees— (A)an assessment of developments within the purview of the technical advisory committee; and (B)recommendations related to the purview of the technical advisory committee for advancing the national security and foreign policy interests of the United States. (10)

Definitions

In this subsection: (A)

Adversary

The term adversary means— (i)the People’s Republic of China, including the Hong Kong and Macau Special Administrative Regions; (ii)the Republic of Cuba; (iii)the Islamic Republic of Iran; (iv)the Democratic People’s Republic of Korea; (v)the Russian Federation; and (vi)any other foreign country listed in Country Group D:5 under Supplement No. 1 to part 740 of the Export Administration Regulations, as published on January 1, 2026, that is designated by the Secretary of State as an adversary for purposes of this section and for which notice of such designation has been published in the Federal Register. (B)

Appropriate congressional committees

The term appropriate congressional committees means the Committee on Foreign Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. (C)

Technical advisory committee

The term technical advisory committee means a technical advisory committee appointed pursuant to subsection (a)(13).

Review and report regarding controlled integrated circuits

(a)

Review

The Secretary of Commerce, in coordination with the Secretary of State, Secretary of Defense, and Secretary of Energy, shall regularly review the implementation of the interim final rule of the Bureau of Industry and Security of the Department of Commerce entitled Implementation of Additional Due Diligence Measures for Advanced Computing Integrated Circuits; Amendments and Clarifications; and Extension of Comment Period, published in the Federal Register on January 16, 2025 (90 Fed. Reg. 5298; Docket No. 250108–0013), or any substantially similar successor rule, and consider any appropriate update or change to such rule to ensure that such rule is implemented effectively and fulfills the initial policy intent of such rule. (b)

Report

Not later than 120 days after the date of the enactment of this Act, Secretary of Commerce, in coordination with the Secretary of State, the Secretary of Defense, and the Secretary of Energy, shall submit to the appropriate congressional committees a report on— (1)the findings of the review required under subsection (a); and (2)any change to the rule described in such subsection that has been made or is under consideration pursuant to such subsection.

Definitions

In this Act: (1)

Appropriate congressional committees

The term appropriate congressional committees means— (A)the Committee on Foreign Affairs of the House of Representatives; and (B)the Committee on Banking, Housing, and Urban Affairs of the Senate. (2)

Secretary

The term Secretary means the Secretary of Commerce acting through the Under Secretary for Industry and Security.