S.Amdt. 5849
What it does: Adds SEC. 1254. ADDITIONAL PROHIBITION ON ACQUISITION OF SENSITIVE MATERIALS at the end of subtitle D of title XIIWhat it changes
1 change to S.Amdt. 5499 · shown in S.Amdt. 5499's text
Adds SEC. 1254. ADDITIONAL PROHIBITION ON ACQUISITION OF SENSITIVE MATERIALS at the end of subtitle D of title XII
Adds a sectionIn S.Amdt. 5499 as proposed
(2) modifies or deletes in any way the content of the project as a result of any direction from any entity of the Government of the People's Republic of China or the Chinese Communist Party.
Inserted: SEC. 1254. ADDITIONAL PROHIBITION ON ACQUISITION OF SENSITIVE MATERIALS.
Inserted: (a) In General.--Section 4872 of title 10, United States Code, is amended--
Inserted: (1) in subsection (a), by amending paragraph (1) to read as follows:
Inserted: "(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
Inserted: (2) in subsection (d)--
Inserted: (A) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively; and
Inserted: (B) by inserting before paragraph (2), as redesignated, the following:
Inserted: "(1) Covered company.--The term 'covered company' means--
Inserted: "(A) any company or joint venture registered outside the United States--
Inserted: "(i) that is partially or fully owned by any state-owned entity from a covered nation; or
Inserted: "(ii) 10 percent of the ownership of which is by 1 or more private investors from any covered nation;
Inserted: "(B) any company or joint venture registered inside the United States that--
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Inserted: "(i) is partially or fully owned by a state-owned entity from a covered nation; or
Inserted: "(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
Inserted: "(C) any other company that the President determines to be a threat to the security of supply of any covered material.".
Inserted: (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.
Original wording
At the end of subtitle D of title XII, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 5849. Mr. CRUZ submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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 end of subtitle D of title XII, add the following:
SEC. 1254. ADDITIONAL PROHIBITION ON ACQUISITION OF SENSITIVE MATERIALS.
(a) In General.--Section 4872 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 (4), 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 that--
“(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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Senate amendment submitted
September 28, 2022