Section 1 Short title
This Act may be cited as the “Technology Exports to India Act”.
Technology Exports to India Act
A BILL
To provide for export approvals for high-performance computers to India.
Sec. 2 Findings
Congress finds the following:
In 2016, the United States designated India a U.S. Major Defense Partner, providing it access to a wide range of military and dual-use items regulated by the Department of Commerce.
For items controlled for national security reasons by the Department of Commerce, India is subject to a general policy of approval for licenses for civil or military end uses in India or for the Government of India so long as the items are not for nuclear, missile or chemical or biological activities.
However, currently the export of high-performance computers meeting certain specifications to India requires authorization of the United States Government under section 1211 of the National Defense Authorization Act for Fiscal Year 1998 (50 U.S.C. App. 2404 note).
Under Department of Commerce regulations, the restricted high-performance computers include such commodities as digital computers, electronic assemblies, and related equipment controlled under Export Control Classification (ECCN) 4A003.
Destination countries listed as “Computer Tier 3” eligible countries in section 740.7(d) of title 15 of the Code of Federal Regulations, such as India, cannot receive such commodities, software, or technology without a Department of Commerce license, with limited exceptions for deemed exports.
The Bureau of Industry and Security of the Department of Commerce has issued only a few licenses for exports of such commodities to India.
The President does not currently have the authority to remove or delete India from the excluded “Computer Tier 3” eligible countries list.
In January 2023, the United States and India announced the elevation of a strategic partnership with an initiative on critical and emerging technology (iCET).
As part of this initiative, the United States and India emphasized a commitment to resolving issues related to regulatory barriers to jointly strengthen our innovation landscape, increase defense cooperation and develop resilient supply chains.
Sec. 3 Sense of Congress
It is the sense of Congress that—
greater technological and defense cooperation with India is critical to tackling shared geopolitical and security challenges;
it is important to reduce regulatory barriers to technological cooperation with India in ways that enhance our national security and advance strategic priorities;
providing the President with the flexibility to export high-performance computers to India would bolster United States-India technological cooperation and demonstrate Congress’s commitment to India as a strategic partner; and
removing India from the “Computer Tier 3” eligible countries list in section 740.7(d) of title 15 of the Code of Federal Regulations would help to strengthen the bilateral relationship.
Sec. 4 Export approvals for high-performance computers to India
Section 1211(e)(3) of the National Defense Authorization Act for Fiscal Year 1998 (50 U.S.C. App. 2404 note) is amended—
by striking “A country” and inserting the following:
“(A) In general—A country”
by striking “(A) the country” and inserting the following:
“(i) the country”
by striking “(B) the country” and inserting the following:
“(ii) the country”
by adding at the end the following:
“(B) Exception—Notwithstanding subparagraph (A), a country may be removed from the list of covered countries under subsection (b) if the Department of Defense, the Department of State, and the Department of Commerce recognize the status of the country as a “Major Defense Partner” pursuant to section 1258(b) of the National Defense Authorization Act for Fiscal Year 2018 (22 U.S.C. 2751 note).”