I 
118TH CONGRESS 
1ST SESSION H. R. 5374 
To provide for export approvals for high-performance computers to India. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 8, 2023 
Mr. MEEKS (for himself and Mr. BARR) introduced the following bill; which 
was referred to the Committee on Foreign Affairs 
A BILL 
To provide for export approvals for high-performance 
computers to India. 
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 ‘‘Technology Exports 
to India Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) 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 regu-
lated by the Department of Commerce. 
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(2) 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 Gov-
ernment of India so long as the items are not for 
nuclear, missile or chemical or biological activities. 
(3) However, currently the export of high-per-
formance computers meeting certain specifications to 
India requires authorization of the United States 
Government under section 1211 of the National De-
fense Authorization Act for Fiscal Year 1998 (50 
U.S.C. App. 2404 note). 
(4) Under Department of Commerce regula-
tions, the restricted high-performance computers in-
clude such commodities as digital computers, elec-
tronic assemblies, and related equipment controlled 
under Export Control Classification (ECCN) 4A003. 
(5) 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 li-
cense, with limited exceptions for deemed exports. 
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(6) The Bureau of Industry and Security of the 
Department of Commerce has issued only a few li-
censes for exports of such commodities to India. 
(7) The President does not currently have the 
authority to remove or delete India from the ex-
cluded ‘‘Computer Tier 3’’ eligible countries list. 
(8) In January 2023, the United States and 
India announced the elevation of a strategic partner-
ship with an initiative on critical and emerging tech-
nology (iCET). 
(9) 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 de-
fense cooperation and develop resilient supply 
chains. 
SEC. 3. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) greater technological and defense coopera-
tion with India is critical to tackling shared geo-
political and security challenges; 
(2) it is important to reduce regulatory barriers 
to technological cooperation with India in ways that 
enhance our national security and advance strategic 
priorities; 
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(3) providing the President with the flexibility 
to export high-performance computers to India 
would bolster United States-India technological co-
operation and demonstrate Congress’s commitment 
to India as a strategic partner; and 
(4) 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 Author-
ization Act for Fiscal Year 1998 (50 U.S.C. App. 2404 
note) is amended— 
(1) by striking ‘‘A country’’ and inserting the 
following: 
‘‘(A) IN GENERAL.—A country’’; 
(2) by striking ‘‘(A) the country’’ and inserting 
the following: 
‘‘(i) the country’’; 
(3) by striking ‘‘(B) the country’’ and inserting 
the following: 
‘‘(ii) the country’’; and 
(4) by adding at the end the following: 
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‘‘(B) EXCEPTION.—Notwithstanding sub-
paragraph (A), a country may be removed from 
the list of covered countries under subsection 
(b) if the Department of Defense, the Depart-
ment of State, and the Department of Com-
merce 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).’’. 
Æ 
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