S.Amdt. 4054

SA 4054. Mr. CRUZ submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
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:

At the appropriate place, insert the following:

SEC. ___. ADDITIONAL PROHIBITION ON ACQUISITION OF SENSITIVE
MATERIALS.

(a) In General.--Section 4871 of title 10, United States
Code, is amended--
(1) in subsection (a), by amending paragraph (1) to read as
follows:
``(1) procure any covered material melted or produced in
any covered nation or by any covered company, or any end item
that contains a covered material manufactured in any covered
nation or by any covered company; or''; and
(2) in subsection (d)--
(A) by redesignating paragraphs (1) through (3) as
paragraphs (2) through (3), respectively; and
(B) by inserting before paragraph (2), as redesignated, the
following:
``(1) Covered company.--The term `covered company' means--
``(A) any company or joint venture registered outside the
United States--
``(i) that is partially or fully owned by any state-owned
entity from a covered nation; or
``(ii) 10 percent of the ownership of which is by 1 or more
private investors from any covered nation;
``(B) any company or joint venture registered inside the
United States--
``(i) is partially or fully owned by a state-owned entity
from a covered nation; or
``(ii) after the date of the enactment of this Act, has
entered into an agreement or a condition with the Committee
on Foreign Investment in the United States under subsection
(l)(3)(A) of section 4565 of title 50, United States Code,
that does not specifically refer to this section and provide
that the company shall be eligible to supply covered products
under this section; or
``(C) any other company that the President determines to be
a threat to the security of supply of any covered
material.''.
(b) Regulations.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
promulgate such regulations as may be necessary to carry out
this section.
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