I 
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 tech-
nologies, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Commercial Auto-
motive Products Export Reform Act of 2012’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The economic and national security inter-
ests of the United States are enhanced when— 
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(A) the United States military has afford-
able and timely access to commercially-available 
automotive products and technologies, including 
products and technologies relating to safety, ve-
hicle 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, ex-
cept to countries, organizations, and individuals 
that are subject to United States trade sanc-
tions. 
(2) The economic and national security inter-
ests of the United States are not advanced by export 
control regulations that restrict the United States 
military’s access to commercially-available auto-
motive products and technologies that either— 
(A) are widely available for use on non- 
military automotive vehicles; or 
(B) would not make a significant contribu-
tion to the military potential of other countries. 
(3) Current and proposed United States export 
control regulations result in unnecessary restrictions 
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on commercially-available automotive products and 
technologies, including— 
(A) the need to obtain a license from the 
Department of State or Department of Com-
merce before exporting commercially-available 
automotive products and technologies if modi-
fied even in insignificant ways for use on a mili-
tary vehicle; and 
(B) the need to obtain a license from the 
Department of State or Department of Com-
merce before placing the specifications for such 
products on a computer system to which a for-
eign national worker has access. 
(4) None of the multilateral export control re-
gimes of which the Unites States is a party requires 
the export restrictions that currently apply to com-
mercially-available automotive products and tech-
nologies. 
(5) The unnecessary restrictions described in 
this section limit the ability of the United States 
military to procure commercially-available auto-
motive products and technologies in a timely and af-
fordable manner, adversely affect the safety and fuel 
economy of United States military vehicles, put the 
United States military at a comparative disadvan-
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tage against its adversaries, create barriers to job 
creation in the United States, burden taxpayers un-
necessarily with increased costs for military vehicles 
and related parts and components, place unneces-
sary regulatory burdens on United States compa-
nies, 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 ‘‘auto-
motive products’’ means parts, components, acces-
sories, and attachments for automotive vehicles. 
(2) AUTOMOTIVE
TECHNOLOGIES.—The term 
‘‘automotive technologies’’ means technologies relat-
ing to automotive products, including the informa-
tion, concepts, specifications, schematics, formulas, 
methods, software and firmware, and techniques 
needed to manufacture, test, install, implement, op-
erate, service, and repair commercially-available 
automotive products. 
(3) AUTOMOTIVE VEHICLES.—The term ‘‘auto-
motive vehicles’’ means wheeled or tracked self-pro-
pelled land vehicles and trailers. 
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(4) COMMERCE
CONTROL
LIST.—The term 
‘‘Commerce Control List’’ means the list maintained 
under part 774 of title 15, Code of Federal Regula-
tions. 
(5) COMMERCIALLY-AVAILABLE
AUTOMOTIVE 
PRODUCTS AND TECHNOLOGIES.— 
(A) IN
GENERAL.—The term ‘‘commer-
cially-available automotive products and tech-
nologies’’ means commercially-available auto-
motive products and commercially-available 
automotive technologies (as described in sub-
paragraph (B)) for automotive vehicles that are 
used on one or more non-military automotive 
vehicles, including prototypes and concept vehi-
cles, including any of the foregoing when sub-
jected only to minor modifications (as described 
in subparagraph (C)). 
(B) 
COMMERCIALLY-AVAILABLE
AUTO-
MOTIVE TECHNOLOGIES DESCRIBED.—Commer-
cially-available 
automotive 
technologies 
de-
scribed in this subparagraph— 
(i) shall include automotive tech-
nologies that are reasonably needed to en-
sure 
that 
commercially-available 
auto-
motive products function properly on a 
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military automotive vehicle, such as speci-
fications and testing requirements nec-
essary 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, mili-
tary threat detection systems, military re-
connaissance or surveillance systems, mili-
tary command control and communications 
systems, or location concealment (other 
than through sound reduction or applica-
tion 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 commer-
cially-available automotive products or commer-
cially-available automotive technologies— 
(i) shall mean modifications of the 
sort commonly made in the non-military 
automotive market, including— 
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(I) changes from British Impe-
rial/SAE sizes to metric sizes or vice 
versa; 
(II) moving an input or output 
from one location on an item to an-
other; 
(III) changes to the mounting 
brackets, fastener locations, and other 
mounting characteristics of an item; 
(IV) changes to voltage require-
ments 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 com-
bination of characteristics from exist-
ing options in the non-military auto-
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motive 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 Fed-
eral Acquisition Regulation); and 
(ii) shall not include any modifications 
to products or technologies that constitute, 
control, or directly enhance automotive ve-
hicle weaponry, military armor, military 
threat detection systems, military recon-
naissance or surveillance systems, military 
command control and communications sys-
tems, or location concealment (other than 
through sound reduction or application of 
paints or coatings not restricted for export 
under regulations administered by the De-
partment of State or Department of Com-
merce). 
(6) EXPORT ADMINISTRATION REGULATIONS.— 
The term ‘‘Export Administration Regulations’’ 
means— 
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(A) the Export Administration Regulations 
as maintained and amended under the authority 
of the International Emergency Economic Pow-
ers 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 Adminis-
tration 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 commer-
cially-available automotive products and technologies, 
whether listed in sections of such lists devoted specifically 
to automotive products and technologies or otherwise con-
trolled 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 
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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 deter-
mination of the President under subsection (b) not to re-
move 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 nar-
rowly 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 tech-
nology to the United States military and tax-
payers; 
(C) burdens to the modernization of the 
United States military’s automotive vehicle fleet 
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