S.Amdt. 3152

SA 3152. Mr. BROWN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 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 F of title XII, add the following:

[[Page S5477]]

SEC. 1291. CLARIFICATION OF AUTHORITY OF BUREAU OF INDUSTRY
AND SECURITY TO IMPOSE EXPORT CONTROLS ON
CERTAIN FOREIGN-PRODUCED ITEMS.

Section 1742 of the Export Control Reform Act of 2018 (50
U.S.C. 4801) is amended--
(1) by redesignating paragraphs (8) through (14) as
paragraphs (9) through (15), respectively; and
(2) by inserting after paragraph (7) the following:
``(8) Item subject to the jurisdiction of the united
states.--
``(A) In general.--For purposes of part I, the term `item
subject to the jurisdiction of the United States' includes a
foreign-produced item that--
``(i) is in the United States, including in a foreign trade
zone or moving in transit through the United States from one
foreign country to another foreign country;
``(ii) is commingled with, draws from, is bundled with, or
otherwise incorporates United States-origin content;
``(iii)(I) is destined to a prohibited destination or end
user identified in the Export Administration Regulations; and
``(II)(aa) is the direct product of--

``(AA) United States-origin technology or software; or
``(BB) foreign technology or software that is commingled
with, draws from, is bundled with, or otherwise incorporates
United States-origin technology or software; or

``(bb) is produced by any complete plant or major component
of a plant located outside the United States, if the complete
plant or major component of a plant, whether made in the
United States or a foreign country, is itself a direct
product of--

``(AA) United States-origin technology or software; or
``(BB) foreign technology or software that is commingled
with, draws from, is bundled with, or otherwise incorporates
United States-origin technology or software; or

``(iv) contains or is a direct product of an item produced
pursuant to the circumstances described in clause (iii).
``(B) Additional definitions.--For purposes of subparagraph
(A):
``(i) Direct product; major component.--The terms `direct
product' and `major component' have the meanings given those
terms in section 734.9 of the Export Administration
Regulations (or a successor regulation).
``(ii) Foreign trade zone.--The term `foreign trade zone'
means a zone established pursuant to the Act of June 18, 1934
(commonly known as the `Foreign Trade Zones Act') (48 Stat.
998, chapter 590; 19 U.S.C. 81a et seq.).
``(iii) Produce.--The term `produce' means production (as
defined in section 772.1 of the Export Administration
Regulations (or a successor regulation)).
``(iv) Software.--The term `software' has the meaning given
that term in section 772.1 of the Export Administration
Regulations (or a successor regulation).''.
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