S. 4835
Bureau of Industry and Security License Administration Enhancement Act
Sponsor: Kevin Cramer
1 cosponsor
Official summary
Written by the Congressional Research Service.
Bureau of Industry and Security License Administration Enhancement Act
This bill revises certain processes used by the Department of Commerce's Bureau of Industry and Security (BIS) to review applications for export licenses.
Specifically, the bill requires BIS to administer any export control license or other authorization considered pursuant to an is informed letter or similar guidance or communication sent to a U.S. or foreign person in the same way as the standard interagency process. (An is informed letter notifies individual companies and universities of supplemental license requirements and requires compliance with the letter's license requirements. BIS guidance states that noncompliance with a letter is treated the same as noncompliance with any other license requirement under the Export Administration Regulations.)
The bill requires any is informed letter or similar guidance or communication to be terminated within 60 days after issuing a related license or other authorization unless BIS publishes a regulation that provides for the parameters of the letter or guidance or publishes the communication in the Federal Register.
BIS must establish standards and factors that licensing officers should use when applying a presumption-of-denial standard to license applications. BIS must submit these factors to Congress prior to publishing them in the Federal Register.
The bill expands the requirements for BIS technical advisory committees, including by requiring BIS to establish committees for specified topics.
BIS must review (and report to Congress on) the implementation of a 2025 interim final rule, which provides additional due diligence procedures regarding advanced computing integrated circuits.
Text of the bill
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).