[Congressional Record Volume 167, Number 190 (Thursday, October 28, 2021)]
[Senate]
[Page S7516]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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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