[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6724 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 6724

    To reform United States export control restrictions relating to 
 commercially-available automotive products and technologies, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 31, 2012

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

_______________________________________________________________________

                                 A BILL


 
    To reform United States export control restrictions relating to 
 commercially-available automotive products and technologies, and for 
                            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 ``Commercial Automotive Products 
Export Reform Act of 2012''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The economic and national security interests of the 
        United States are enhanced when--
                    (A) the United States military has affordable and 
                timely access to commercially-available automotive 
                products and technologies, including products and 
                technologies relating to safety, vehicle handling, and 
                fuel efficiency; and
                    (B) companies doing business in the United States 
                can freely export commercially-available automotive 
                products and technologies that would not make a 
                significant contribution to the military potential of 
                other countries, except to countries, organizations, 
                and individuals that are subject to United States trade 
                sanctions.
            (2) The economic and national security interests of the 
        United States are not advanced by export control regulations 
        that restrict the United States military's access to 
        commercially-available automotive products and technologies 
        that either--
                    (A) are widely available for use on non-military 
                automotive vehicles; or
                    (B) would not make a significant contribution to 
                the military potential of other countries.
            (3) Current and proposed United States export control 
        regulations result in unnecessary restrictions on commercially-
        available automotive products and technologies, including--
                    (A) the need to obtain a license from the 
                Department of State or Department of Commerce before 
                exporting commercially-available automotive products 
                and technologies if modified even in insignificant ways 
                for use on a military vehicle; and
                    (B) the need to obtain a license from the 
                Department of State or Department of Commerce before 
                placing the specifications for such products on a 
                computer system to which a foreign national worker has 
                access.
            (4) None of the multilateral export control regimes of 
        which the Unites States is a party requires the export 
        restrictions that currently apply to commercially-available 
        automotive products and technologies.
            (5) The unnecessary restrictions described in this section 
        limit the ability of the United States military to procure 
        commercially-available automotive products and technologies in 
        a timely and affordable manner, adversely affect the safety and 
        fuel economy of United States military vehicles, put the United 
        States military at a comparative disadvantage against its 
        adversaries, create barriers to job creation in the United 
        States, burden taxpayers unnecessarily with increased costs for 
        military vehicles and related parts and components, place 
        unnecessary regulatory burdens on United States companies, and 
        waste valuable licensing and enforcement resources on 
        controlling the exportation of militarily insignificant 
        products and technologies.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Automotive products.--The term ``automotive products'' 
        means parts, components, accessories, and attachments for 
        automotive vehicles.
            (2) Automotive technologies.--The term ``automotive 
        technologies'' means technologies relating to automotive 
        products, including the information, concepts, specifications, 
        schematics, formulas, methods, software and firmware, and 
        techniques needed to manufacture, test, install, implement, 
        operate, service, and repair commercially-available automotive 
        products.
            (3) Automotive vehicles.--The term ``automotive vehicles'' 
        means wheeled or tracked self-propelled land vehicles and 
        trailers.
            (4) Commerce control list.--The term ``Commerce Control 
        List'' means the list maintained under part 774 of title 15, 
        Code of Federal Regulations.
            (5) Commercially-available automotive products and 
        technologies.--
                    (A) In general.--The term ``commercially-available 
                automotive products and technologies'' means 
                commercially-available automotive products and 
                commercially-available automotive technologies (as 
                described in subparagraph (B)) for automotive vehicles 
                that are used on one or more non-military automotive 
                vehicles, including prototypes and concept vehicles, 
                including any of the foregoing when subjected only to 
                minor modifications (as described in subparagraph (C)).
                    (B) Commercially-available automotive technologies 
                described.--Commercially-available automotive 
                technologies described in this subparagraph--
                            (i) shall include automotive technologies 
                        that are reasonably needed to ensure that 
                        commercially-available automotive products 
                        function properly on a military automotive 
                        vehicle, such as specifications and testing 
                        requirements necessary to supply the 
                        commercially-available automotive product for 
                        use on the military vehicle; and
                            (ii) shall not include technologies that 
                        relate to weaponry, military armor, military 
                        threat detection systems, military 
                        reconnaissance or surveillance systems, 
                        military command control and communications 
                        systems, or location concealment (other than 
                        through sound reduction or application of 
                        paints or coatings not restricted for export 
                        under regulations administered by the 
                        Department of State or Department of Commerce).
                    (C) Minor modifications described.--Minor 
                modifications, with respect to commercially-available 
                automotive products or commercially-available 
                automotive technologies--
                            (i) shall mean modifications of the sort 
                        commonly made in the non-military automotive 
                        market, including--
                                    (I) changes from British Imperial/
                                SAE sizes to metric sizes or vice 
                                versa;
                                    (II) moving an input or output from 
                                one location on an item to another;
                                    (III) changes to the mounting 
                                brackets, fastener locations, and other 
                                mounting characteristics of an item;
                                    (IV) changes to voltage 
                                requirements or output;
                                    (V) increases or decreases in size;
                                    (VI) changes to data values used by 
                                electronic parts (such as entering tire 
                                size into a speedometer assembly so 
                                that it can calculate speed);
                                    (VII) changes to the number or 
                                configuration of constituent items or 
                                technologies (such as changing the 
                                number of tires to be included in a 
                                tire pressure monitoring system from 18 
                                to 6);
                                    (VIII) selection of a new 
                                combination of characteristics from 
                                existing options in the non-military 
                                automotive vehicle market even if the 
                                exact combination of characteristics 
                                has not been used before; and
                                    (IX) other changes that would not 
                                prevent a product or technology from 
                                being a commercial item (as such term 
                                is defined under the Federal 
                                Acquisition Regulation); and
                            (ii) shall not include any modifications to 
                        products or technologies that constitute, 
                        control, or directly enhance automotive vehicle 
                        weaponry, military armor, military threat 
                        detection systems, military reconnaissance or 
                        surveillance systems, military command control 
                        and communications systems, or location 
                        concealment (other than through sound reduction 
                        or application of paints or coatings not 
                        restricted for export under regulations 
                        administered by the Department of State or 
                        Department of Commerce).
            (6) Export administration regulations.--The term ``Export 
        Administration Regulations'' means--
                    (A) the Export Administration Regulations as 
                maintained and amended under the authority of the 
                International Emergency Economic Powers Act (50 U.S.C. 
                1701 et seq.; 15 C.F.R. parts 730-780); or
                    (B) any successor regulations.
            (7) Technology.--The term ``technology'' has the meaning 
        given the term in the Export Administration Regulations (15 
        C.F.R. 772).
            (8) United states munitions list.--The term ``United States 
        Munitions List'' means the list referred to in section 38(a)(1) 
        of the Arms Export Control Act (22 U.S.C. 2778(a)(1)).

SEC. 4. ISSUANCE OF PROPOSED REGULATIONS.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the President shall issue proposed regulations 
to remove from the United States Munitions List and Commerce Control 
List all commercially-available automotive products and technologies, 
whether listed in sections of such lists devoted specifically to 
automotive products and technologies or otherwise controlled by such 
lists.
    (b) Exception.--Subsection (a) shall not apply with respect to a 
commercially-available automotive product or technology if the 
President determines that the removal of such automotive product or 
technology from the United States Munitions List or Commerce Control 
List--
            (1) would make a significant contribution to the military 
        potential of another country; or
            (2) is contrary to the national security interests of the 
        United States.
    (c) Report to Congress.--The President shall submit to Congress a 
report with respect to each determination of the President under 
subsection (b) not to remove from the United States Munitions List or 
Commerce Control List a commercially-available automotive product or 
technology. Each such report shall--
            (1) demonstrate that the automotive product or technology 
        has been defined as specifically and narrowly as possible;
            (2) estimate the anticipated costs and burdens that 
        continuing regulation of the automotive product or technology 
        will entail in terms of--
                    (A) decreased availability of the product or 
                technology to the United States military;
                    (B) increased cost of the product or technology to 
                the United States military and taxpayers;
                    (C) burdens to the modernization of the United 
                States military's automotive vehicle fleet as compared 
                with United States adversaries; and
                    (D) the regulatory and enforcement costs associated 
                with monitoring and enforcing such restrictions on the 
                product or technology; and
            (3) state the reasons why the President did not use 
        targeted trade sanctions imposed through regulation or 
        executive order to achieve the objectives underlying the 
        determination of the President under subsection (b) not to 
        remove the automotive product or technology from the United 
        States Munitions List or Commerce Control List.

SEC. 5. ISSUANCE OF FINAL REGULATIONS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the President shall issue final regulations to 
remove from the United States Munitions List and the Commerce Control 
List all commercially-available automotive products and technologies, 
whether listed in sections of such lists devoted specifically to 
automotive products and technologies or otherwise controlled by such 
lists.
    (b) Exception.--Subsection (a) shall not apply with respect to a 
commercially-available automotive product or technology that--
            (1) is subject to a determination of the President under 
        section 4(b) not to remove the automotive product or technology 
        from the United States Munitions List or Commerce Control List; 
        and
            (2) with respect to which the President has submitted to 
        Congress a report under section 4(c).

SEC. 6. ANNUAL REVIEW AND REMOVAL; REPORT.

    (a) Review and Removal.--To the extent that the President 
determines not to remove from the United States Munitions List or 
Commerce Control List a commercially-available automotive product or 
technology under section 5(b), whether listed in sections of such lists 
devoted specifically to automotive products and technologies or 
otherwise controlled by such lists, the President shall--
            (1) on an annual basis, review such determination for 
        purposes of--
                    (A) reaffirming the determination to ensure it 
                continues to be accurate; or
                    (B) reversing the determination if it is no longer 
                accurate; and
            (2) not later than 90 days after the completion of a review 
        and decision to reverse the determination under paragraph 
        (1)(B), remove the automotive product or technology from the 
        United States Munitions List or Commerce Control List.
    (b) Report.--To the extent that the President determines not to 
remove from the United States Munitions List or Commerce Control List a 
commercially-available automotive product or technology under section 
5(b), whether listed in sections of such lists devoted specifically to 
automotive products and technologies or otherwise controlled by such 
lists, the President shall submit to Congress an annual report 
providing the information described in paragraphs (1), (2), and (3) of 
section 4(c) with respect to the automotive product or technology.

SEC. 7. CLARIFICATION REGARDING TRADE SANCTIONS.

    Nothing in this Act shall be construed to require the President to 
revoke or alter any restrictions imposed on exports or reexports 
involving countries, organizations, or individuals who are subject to 
United States trade sanctions, whether imposed by regulation, executive 
order, or an Act of Congress.
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