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HR 8289

BIS Licensing Efficiency Act of 2026

119th Congress Introduced by Darrell Issa and 3 co-sponsors

The bill requires a firm licensing timeline and quarterly/annual transparency reports to expedite BIS export license decisions and reveal processing bottlenecks.

Committee Consideration and Mark-up Session Held
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Bill Summary · HR 8289

Summary: BIS Licensing Efficiency Act of 2026 (H.R. 8289)

Session / Jurisdiction

  • 119th Congress, United States
  • Introduced in the House of Representatives on April 15, 2026
  • Referred to the Committee on Foreign Affairs; subsequently reported (as of action history)

Purpose

  • To amend the Export Control Reform Act of 2018 (ECRA) to ensure expeditious processing of license applications for export, reexport, in-country transfer, or deemed export of controlled items, and to increase transparency and oversight of the licensing process.

Key Provisions

1) Licensing Timeline and Processing (New sections within ECRA)

  • Establishes a concrete licensing timeline:
    • By 90 days after an license application is submitted, the Secretary should render a licensing decision and notify the applicant.
    • If no decision is made within 120 days, the Secretary must notify the applicant of the status, explain the reasons for delay, and request any additional information needed to make a decision.
  • Requires licensing reviews to involve officers with subject-matter expertise.

2) Annual Licensing History and Transparency (Revised reporting)

  • Amends ECRA to create an “Annual Report on End Use Checks” (renaming/adjusting the designation of an existing reporting requirement).
  • Adds a quarterly reporting requirement (through new subsection on license processing):
    • Not later than 90 days after enactment, and then quarterly, the Secretary must report to the appropriate congressional committees on license processing for export, reexport, release, and in-country transfers of controlled items.
    • Initial report covers the preceding year and includes:
    • Total license applications submitted
    • Status breakdown (Received, On Hold, Referred, Signed off, Countersigned, Validated)
    • Licenses approved, denied, or returned without action
    • Average and median processing times (overall and broken out by end-user country, ECCN, and transaction type)
    • Interagency referrals (State, Defense, DOE)
    • Number of applications pending for at least 90 days and reasons for delays (e.g., interagency referral, pre-license checks, administrative backlog)
    • Subsequent reports cover the preceding quarter with the same data elements

3) Comptroller General Audit (Independent assessment)

  • Requires the Comptroller General to audit the BIS license review process within 90 days after enactment.
  • The audit must assess whether licensing decisions are expeditious and identify bottlenecks affecting timing.
  • A CG report due within one year after enactment; the report must be submitted to the House Committee on Foreign Affairs and the Senate Committee on Banking, Housing, and Urban Affairs, and posted on the GAO website.

Who/What Is Affected

  • U.S. exporters, domestic manufacturers, and end-users relying on BIS license decisions.
  • BIS (Bureau of Industry and Security) processes for licensing, including staff with subject-matter expertise.
  • Other U.S. government agencies involved in licensing (State, Defense, Energy) due to interagency referrals.
  • Congressional oversight bodies (House Foreign Affairs; Senate Banking, Housing, and Urban Affairs) through mandated quarterly and annual reporting.
  • GAO/comptroller general for performance audits.

Timelines and Procedural Aspects

  • Effective timing: Provisions specify 90-day decision targets and 120-day maximum before requiring status updates.
  • Quarterly and annual reporting deadlines begin after enactment; the first quarterly/annual reports are due within the timeframe set by the bill.
  • The bill requires public accountability through GAO publication of audit findings.

Potential Impacts

  • Increased predictability for exporters due to defined licensing timelines.
  • Greater transparency into processing times, bottlenecks, and interagency workflows.
  • Administrative workload increase for BIS and related agencies due to reporting and mandatory expert involvement.
  • Potential improvement in U.S. competitiveness and reliability of the export control system if processing times shorten and bottlenecks are mitigated.

Notes:
- The bill is named the BIS Licensing Efficiency Act of 2026.
- Current text references and aligns with key provisions in the Export Control Reform Act of 2018 (15 U.S.C. 4801 et seq.) and Executive Order 12981 regarding licensing timelines.

Compiled from official sources — confirm details with the bill’s official record.

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