Sec. 5. Expansion of restrictions on procurement of military and dual-use technologies by Chinese military companies

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Section 1211 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 ; 119 Stat. 3461), as most recently amended by section 1296 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2562), is further amended— in the section heading, by striking and inserting Communist Chinese military companies ; Chinese military companies in subsection (a), by inserting after military company the following: , any Chinese military company, or any Non-SDN Chinese military-industrial complex company ; by amending subsection

(b)to read as follows: For purposes of subsection (a), and except as provided in paragraph (2), the goods and services described in this subsection are goods and services— on the munitions list of the International Traffic in Arms Regulations; or on the Commerce Control List that— are classified in the 600 series; or contain rare earth elements or covered critical minerals. Goods and services described in this subsection do not include goods or services procured— in connection with a visit by a vessel or an aircraft of the United States Armed Forces to the People's Republic of China; for testing purposes; or for purposes of gathering intelligence. ; and in subsection (e)— by striking paragraph (3); by redesignating paragraphs

(1)and

(2)as paragraphs

(3)and (6), respectively; by inserting before paragraph (3), as redesignated by subparagraph (B), the following: The term Chinese military company has the meaning given that term by section 1260H(d)(1) of the William M.

(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 113 note). The term Commerce Control List means the list maintained by the Bureau of Industry and Security and set forth in Supplement No. 1 to part 774 of the Export Administration Regulations. ; by inserting after paragraph (3), as so redesignated, the following: The term covered critical mineral means— antimony; beryllium; cobalt; graphite; lithium; manganese; nickel; tantalum; tungsten; or vanadium. The term Export Administration Regulations has the meaning given that term in section 1742 of the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 ). ; and by adding at the end the following: The term Non-SDN Chinese military-industrial complex company means any entity on the Non-SDN Chinese Military-Industrial Complex Companies List— established pursuant to Executive Order 13959 ( 50 U.S.C. 1701 note; relating to addressing the threat from securities investments that finance Communist Chinese military companies), as amended before, on, or after the date of the enactment of the Restoring Essential Energy and Security Holdings Onshore for Rare Earths Act of 2022 ; and maintained by the Office of Foreign Assets Control of the Department of the Treasury. The term rare earth element means— cerium; dysprosium; erbium; europium; gadolinium; holmium; lanthanum; lutetium; neodymium; praseodymium; promethium; samarium; scandium; terbium; thulium; ytterbium; or yttrium. .

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