Bureau of Industry and Security License Administration Enhancement Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8284 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 8284

  To enhance the administration of export control licenses under the
         Export Control Reform Act of 2018, and other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 15, 2026

  Mr. McCaul introduced the following bill; which was referred to the
                      Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL

  To enhance the administration of export control licenses under the
         Export Control Reform Act of 2018, and 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 ``Bureau of Industry and Security
License Administration Enhancement Act''.

SEC. 2. 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:

``SEC. 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.''.

SEC. 3. 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).''.

SEC. 4. 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.

SEC. 5. 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.
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