Text of Senate Amendment 6382

On 2026-06-24, Senator Catherine Cortez Masto (D-NV) delivered a floor speech titled "Text Of Senate Amendment 6382" in the Senate.

Text of Senate Amendment 6382

Congressional Record, Volume 172 Issue 106 (Wednesday, June 24, 2026) [Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)] [Senate] [Page S3509] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 6382. Ms. CORTEZ MASTO submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 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 G of title X, add the following: SEC. 1094. CERTIFICATION PROGRAM FOR FACILITIES THAT MANUFACTURE INTEGRATED CIRCUITS. (a) Clean Fabrication Facilities Certification Program.-- (1) Certification.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Commerce shall issue regulations requiring any facility located outside of a country subject to a comprehensive United States arms embargo that engages in the production of integrated circuits to attest, on an annual basis, that-- (A) the facility does not and will not use any semiconductor manufacturing equipment that was produced by an entity of concern; and (B) if the facility does use semiconductor manufacturing equipment that was produced by an entity of concern, the facility will phase out the use of that equipment not later than 1 year after the submission of the certification. (2) Compliance.-- (A) In general.--For the purpose of encouraging compliance with regulations issued pursuant to paragraph (1), the Secretary may issue regulations that require, for any facility that does not complete the certification requirements described in paragraph (1)-- (i) a license for the export, reexport, and in-country transfer of items subject to the jurisdiction of the United States to any such facility located outside of the United States; and (ii) special authorization for any such facility that is located in the United States to engage in transactions that involve a country subject to a comprehensive United States arms embargo. (B) Review policy.--In the regulations issued pursuant to subparagraph (A), the Secretary shall include a review policy for applications for licenses or special authorizations that-- (i) applies on a case-by-case basis; and (ii) takes into account the national security risk associated with the facility continuing to use semiconductor manufacturing equipment produced by an entity of concern. (C) Authorization to enforce compliance.--To implement the regulations issued pursuant to subparagraph (A), the Secretary may-- (i) update the foreign direct product rule to subject a foreign-produced item to the jurisdiction of the United States if the item-- (I) is the direct product of technology or software that is subject to the Export Administration Regulation; or (II) is or contains the product of a complete plant or major component of a plant that is a direct product of an item, including technology or software, that is subject to the Export Administration Regulation; and (ii) issue a new rule that regulates or restricts transactions between a United States persons and an entity of concern. (3) Penalties.-- (A) Failure to certify.--A facility that fails to complete the certification required under paragraph (1) and that receives an item subject to the Export Administration Regulations shall be deemed to have committed a violation of section 1760 of the Export Control Reform Act of 2018 (50 U.S.C. 4819) and the penalties set forth in subsections (b) and (c) of that section shall apply to the same extent that such penalties apply to a person who commits a violation of that section. (B) False certification.--Any person that knowingly submits a certification under paragraph (1) that contains a materially false statement or misrepresentation shall be deemed to have committed a violation of section 1760 of the Export Control Reform Act of 2018 (50 U.S.C. 4819) and the criminal penalties set forth in subsection (b) of that section shall apply to the same extent that such penalties apply to a person who commits a criminal violation of that section. (b) Definitions.--In this section: (1) The term ``advanced semiconductor manufacturing equipment'' means any semiconductor fabrication, assembly, test, or packaging equipment that enables the production of commercially available integrated circuits. (2) The term ``country subject to a comprehensive United States arms embargo'' means Macau and any country listed in Country Group D:5 in Supplement No. 1 to part 740 of the Export Administration Regulations. (3) The term ``entity of concern'' means an entity headquartered in, or the ultimate parent company of which is headquartered in, a country subject to a comprehensive United States arms embargo. (4) The terms ``export'', ``Export Administration Regulations'', ``in-country transfer'', ``reexport'', and ``United States person'' have the meanings given such terms in section 1742 of the Export Control Reform Act of 2018 (50 U.S.C. 4801). ______