S.Amdt. 2605

SA 2605. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:

On page 842, between lines 14, and 15, insert the
following:
``(G) Investments in united states businesses targeted by
made in china 2025 initiative.--
``(i) In general.--In addition to any other transaction
covered by this paragraph, the term `covered investment'
includes any investment (other than a passive investment) by
any foreign person in a United States business that produces,
designs, tests, manufactures, or develops one or more
products described in clause (ii).
``(ii) Products described.--A product is described in this
clause if any of the following apply with respect to the
product:

``(I) The Committee determines the product is comparable to
a product--

``(aa) manufactured or produced in, or exported from, the
People's Republic of China; and
``(bb) that receives support from the Government of the
People's Republic of China pursuant to the Made in China 2025
industrial policy of that Government.

``(II) The product is specified in any of the following
documents of the Government of the People's Republic of
China:

``(aa) Notice on Issuing Made in China 2025.
``(bb) China Manufacturing 2025.
``(cc) Notice on Issuing the 13th Five-year National
Strategic Emerging Industries Development Plan.
``(dd) Guiding Opinion on Promoting International
Industrial Capacity and Equipment Manufacturing Cooperation.
``(ee) Any document relating to the 863 program or the
State High-Tech Development Plan.
``(ff) Any other document that expresses a national
strategy or stated goal in connection with the Made in China
2025 industrial policy set forth by the Government of the
People's Republic of China, the Communist Party of China, or
another entity or individual capable of impacting the
national strategy of the People's Republic of China.

``(III) The Committee determines that the product receives
support from the Government of the People's Republic of China
and imports of that product into the United States have or
will in the future displace net exports of comparable
products by the United States.
``(IV) The Committee determines the product is produced by
or used in any of the following industries:

``(aa) Civil aircraft.
``(bb) Motor car and vehicle.
``(cc) Advanced medical equipment.
``(dd) Advanced construction equipment.
``(ee) Agricultural machinery.
``(ff) Railway equipment.
``(gg) Diesel locomotive.
``(hh) Moving freight.
``(ii) Lithium battery manufacturing.
``(jj) Artificial intelligence.
``(kk) High-capacity computing.
``(ll) Quantum computing.
``(mm) Robotics.
``(nn) Biotechnology.
``(iii) Relation to definition of passive investment.--For
purposes of subparagraph (D), any reference to a United
States critical infrastructure company or United States
critical technology company shall be deemed to include a
reference to a United States business described in clause
(i).
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