[Congressional Record Volume 170, Number 120 (Wednesday, July 24, 2024)]
[Senate]
[Pages S5476-S5477]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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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