Text of Senate Amendment 6398

On 2026-06-24, Senator Pete Ricketts (R-NE) delivered a floor speech titled "Text Of Senate Amendment 6398" in the Senate.

Text of Senate Amendment 6398

Congressional Record, Volume 172 Issue 106 (Wednesday, June 24, 2026) [Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)] [Senate] [Pages S3527-S3528] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 6398. Mr. RICKETTS (for himself and Mr. Kim) submitted an amendment intended to be proposed by him 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. MULTILATERAL ALIGNMENT OF CONTROLS ON SEMICONDUCTOR MANUFACTURING EQUIPMENT. (a) Identifying Chokepoints.--Not later than 60 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Commerce, acting through the Under Secretary of Commerce for Industry and Security, and in coordination with the Secretary of State, shall-- (1) conduct a review to identify all covered semiconductor manufacturing equipment and all covered facilities; (2) submit to the appropriate congressional committees a list of all such equipment and facilities; and (3) notify the public in the Federal Register when this submission has occurred. (b) Diplomatic Engagement.-- (1) In general.--The Secretary of Commerce, acting through the Under Secretary of Commerce for Industry and Security, and the Secretary of State should continue to prioritize and encourage the governments of allied supplier countries to adopt-- (A) countrywide controls, or other policies that have the same practical effect as countrywide controls, on covered semiconductor manufacturing equipment that are subject to the jurisdiction of such allied supplier country; and (B) license requirements, with a policy of presumption of denial, for the export, reexport, or in-country transfer of all applicable items to any covered facility and for the servicing of all applicable items at any covered facility. (2) Briefing on diplomatic efforts.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Commerce, acting through the Under Secretary of Commerce for Industry and Security, and the Secretary of State shall jointly provide to members of the appropriate congressional committees a briefing, in which the Secretaries describe the status of diplomatic efforts to align the controls on covered semiconductor manufacturing equipment imposed by allied supplier countries with the controls imposed by the United States. (3) Certification on allied supplier countries.--Except as provided in subsection (c)(3), for each allied supplier country, the Secretary of Commerce, acting through the Under Secretary of Commerce for Industry and Security, and the Secretary of State shall jointly certify, not later than 150 days after the date of the enactment of this Act, to the appropriate congressional committees that either-- (A) the country has implemented the controls described in subparagraphs (A) and (B) of paragraph (1); or (B)(i) the country has not adopted the controls described in subparagraph (A) or (B) of paragraph (1); (ii) the Secretary of Commerce, acting through the Under Secretary of Commerce for Industry and Security, and the Secretary of State have prioritized and exhausted available diplomatic channels; and (iii) continued delay would materially undermine the national security of the United States. (c) Controls on United States Equipment and Extension of Controls.-- (1) Application of controls on united states equipment.-- Not later than 150 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Commerce, acting through the Under Secretary of Commerce for Industry and Security, shall issue regulations that-- (A) update United States countrywide controls to covered semiconductor manufacturing equipment produced in the United States; and (B) update comprehensive United States end-user or end-use restrictions to all covered facilities located in a country of concern. (2) Extension of controls to allied supplier countries.-- (A) In general.--Except as provided in subparagraph (B), for any allied supplier country for which a certification is submitted under subsection (b)(3)(B), the Secretary of Commerce shall issue regulations, not later than the date of the submission of such certification, that-- (i) establish United States jurisdiction over covered semiconductor manufacturing equipment and applicable items exported, reexported, or in-country transferred from, or produced in, such country; and (ii) apply-- (I) countrywide controls to all covered semiconductor manufacturing equipment produced in such country; (II) a license requirement, subject to a presumption of denial, for the servicing of any applicable item located in a covered facility; and (III) end-user and end-use controls prohibiting the export, reexport, or in-country transfer of an applicable item to any covered facility. (B) Deferral for anticipated alignment.--If, on or before the deadline described in subparagraph (A), the Secretary of Commerce and the Secretary of State jointly submit to the appropriate congressional committees a report certifying that the allied supplier country subject to subparagraph (A) has committed to adopt, or is otherwise expected to adopt, controls that have the same practical effect as those described in subsection (b)(1), the Secretary of Commerce may issue a one-time deferral of the effective date of the regulations described in subsection (A) for a period of not longer than 30 days from the date described in subparagraph (A). (3) National security waiver.--The Secretary of Commerce, acting through the Under Secretary of Commerce for Industry and Security, and the Secretary of State may jointly grant a one-time waiver to extend the 150-day deadline for the issuing of controls pursuant to paragraph (1) or paragraph (2) by not more than 90 days, if the Secretary of Commerce and the Secretary of State jointly-- (A) submit a report to the appropriate congressional committees describing-- (i) the justification for why the deadline could not be met; and (ii) the interim steps the Secretaries have taken to prevent stockpiling; and (B) determine and certify to the appropriate congressional committees that-- (i) the extension is in the national security interest of the United States; and (ii) if applicable, the government of the allied supplier country is taking concrete, verifiable steps, pursuant to their domestic laws and regulations and as expeditiously as possible, to adopt controls that have the same practical effect as, or are more stringent than, the controls that would otherwise be imposed under paragraph (2). (d) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Commerce, acting through the Under Secretary of Commerce for Industry and Security, and the Secretary of State shall jointly submit to the appropriate congressional committees a report that includes-- (A) the scope of the export controls imposed by the United States and allied supplier countries on any covered semiconductor manufacturing equipment identified in the most recent list submitted under subsection (a); (B) a summary of diplomatic engagements and unilateral actions undertaken by the Secretaries in the one-year period prior to the submission of the report to close any gap in countrywide controls imposed by allied supplier countries for covered semiconductor manufacturing equipment; and (C) a certification that the export, reexport, or in- country transfer of any covered semiconductor manufacturing equipment to a country of concern, the export of any applicable items to any covered facility, and the servicing of any such item located in a country of concern is prohibited or requires a license issued by the United States or an allied supplier country, subject to a presumption of denial. (2) Form.--Each report submitted under paragraph (1) shall be submitted in unclassified form but may include a classified annex. (e) Nonpublication of Confidential Certifications and Reports.-- (1) In general.--The Secretary of Commerce, acting through the Under Secretary of Commerce for Industry and Security, and the Secretary of State, as applicable, may elect to submit to the appropriate congressional committees any certification and report described in subsection (a), (c), or (d) in a confidential manner. (2) Committee safeguards.--The appropriate congressional committees shall take such steps as may be necessary to ensure that any certification or report submitted in [[Page S3528]] a confidential manner is not made publicly available. (f) Compliance Assistance With Extension of Controls.-- Simultaneously with the issuing regulations under subsection (c)(2), the Secretary of Commerce, acting through the Under Secretary of Commerce for Industry and Security, may provide to the principal executive officers of any company that produces covered semiconductor manufacturing equipment in the allied supplier country targeted in such regulations a letter describing the regulations and the legal obligations imposed by the regulations, including any penalty that may be imposed under section 1760 of the Export Control Reform Act of 2018 ( 50 U.S.C. 4819) for a violation of such regulations. (g) Termination and Reimposition of Controls Upon Allied Action.-- (1) Termination or modification.--The Secretary of Commerce, acting through the Under Secretary of Commerce for Industry and Security, may terminate or modify any regulation issued under subsection (c)(2), if the country has established controls, including licensing policies, that have the same practical effect as the regulation to be terminated or m