[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6603 Referred in Senate (RFS)]
<DOC>
118th CONGRESS
2d Session
H. R. 6603
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 17, 2024
Received; read twice and referred to the Committee on Banking, Housing,
and Urban Affairs
_______________________________________________________________________
AN ACT
To apply foreign-direct product rules to Iran.
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 ``No Technology for Terror Act''.
SEC. 2. APPLICATION OF FOREIGN-DIRECT PRODUCT RULES TO IRAN.
(a) In General.--Beginning on the date that is 90 days after the
date of the enactment of this Act, a foreign-produced item shall be
subject to the Export Administration Regulations (pursuant to the
Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.)) if the
item--
(1) meets--
(A) the product scope requirements described in
subsection (b); and
(B) the destination scope requirements described in
subsection (c); and
(2) is exported, reexported, or in-country transferred to
Iran from abroad or involves the Government of Iran.
(b) Product Scope Requirements.--A foreign-produced item meets the
product scope requirements of this subsection if the item--
(1) is a direct product of United States-origin technology
or software subject to the Export Administration Regulations
that is specified in a covered Export Control Classification
Number or is identified in supplement no. 7 to part 746 of the
Export Administration Regulations; or
(2) is produced by any plant or major component of a plant
that is located outside the United States, if the plant or
major component of a plant, whether made in the United States
or a foreign country, itself is a direct product of United
States-origin technology or software subject to the Export
Administration Regulations that is specified in a covered
Export Control Classification Number.
(c) Destination Scope Requirements.--A foreign-produced item meets
the destination scope requirements of this subsection if there is
knowledge that the foreign-produced item is destined to Iran or will be
incorporated into or used in the production or development of any part,
component, or equipment subject to the Export Administration
Regulations and produced in or destined to Iran.
(d) License Requirements.--
(1) In general.--A license shall be required to export,
reexport, or in-country transfer a foreign-produced item from
abroad that meets the product scope requirements described in
subsection (b) and the destination scope requirements described
in subsection (c) and is subject to the Export Administration
Regulations pursuant to this section.
(2) Exceptions.--The license requirements of paragraph (1)
shall not apply to--
(A) food, medicine, or medical devices that are--
(i) designated as EAR99; or
(ii) not designated under or listed on the
Commerce Control List; or
(B) services, software, or hardware (other than
services, software, or hardware for end-users owned or
controlled by the Government of Iran) that are--
(i) necessarily and ordinarily incident to
communications; or
(ii) designated as--
(I) EAR99; or
(II) Export Control Classification
Number 5A992.c or 5D992.c, and
classified in accordance with section
740.17 of title 15 Code of Federal
Regulations; and
(iii) subject to a general license issued
by the Department of Commerce or Department of
Treasury.
(e) National Interest Waiver.--The Secretary of Commerce may waive
the requirements imposed under this section if the Secretary--
(1) determines that the waiver is in the national interests
of the United States; and
(2) submits to the Committee on Foreign Affairs of the
House of Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate a report explaining which
requirements are being waived and the reasons for the waiver.
(f) Sunset.--The authority provided under this section shall
terminate on the date that is 7 years after the date of the enactment
of this Act.
(g) Definitions.--In this section--
(1) the term ``Commerce Control List'' means the list
maintained pursuant to part 744 of the Export Administration
Regulations;
(2) the term ``covered Export Control Classification
Number'' means an Export Control Classification Number in
product group D or E of Category 3, 4, 5, 6, 7, 8, or 9 of the
Commerce Control List;
(3) the terms ``Export Administration Regulations'',
``export'', ``reexport'', and ``in-country transfer'' have the
meanings given those terms in section 1742 of the Export
Control Reform Act of 2018 (50 U.S.C. 4801); and
(4) the terms ``direct product'', ``technology'',
``software'', ``major component'', ``knowledge'',
``production'', ``development'', ``part'', ``component'',
``equipment'', and ``government end users'' have the meanings
given those terms in section 734.9 or part 772 of the Export
Administration Regulations, as the case may be.
Passed the House of Representatives April 16, 2024.
Attest:
KEVIN F. MCCUMBER,
Clerk.