Bureau of Industry and Security License Administration Enhancement Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4835 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 4835

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 18, 2026

  Mr. Cramer (for himself and Mr. Kim) introduced the following bill;
which was read twice and referred to the Committee on Banking, Housing,
                           and Urban 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. 4811 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) Standards and Factors for Presumption of Denial Standard.--
            ``(1) In general.--Not later than 90 days after the date of
        the enactment of this section, the Secretary 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.
            ``(2) 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--
                    ``(A) the Committee on Foreign Affairs of the House
                of Representatives; and
                    ``(B) 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 security and stability of global
                technology supply chains;
                    ``(B) national security challenges for the United
                States related to particular technologies;
                    ``(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, revise the
        number of technical advisory 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 and the National Defense Strategy.
            ``(6) Membership.--
                    ``(A) In general.--Each technical advisory
                committee shall consist of technical specialists from a
                relevant industry, national security experts, 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.--Each technical advisory committee shall
        meet not less frequently than once every 120 days.
            ``(8) Web page.--The Bureau of Industry and Security shall
        maintain on the website of the Bureau a web page describing
        each technical advisory committee, including the membership 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) 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.
                    ``(B) 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, in consultation with the Secretary of
State, Secretary of Defense, and Secretary of Energy, shall 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, in consultation 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.
    (c) Definitions.--In this section:
            (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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