Text of Senate Amendment 6400

On 2026-06-24, Senator Pete Ricketts (R-NE) delivered a floor speech titled "Text Of Senate Amendment 6400" in the Senate.

Text of Senate Amendment 6400

Congressional Record, Volume 172 Issue 106 (Wednesday, June 24, 2026) [Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)] [Senate] [Pages S3530-S3531] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 6400. Mr. RICKETTS (for himself, Mr. Kim, Mr. Risch, and Mr. Schumer) 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 appropriate place in title X, insert the following: SEC. 10___. MULTILATERAL ALIGNMENT OF CONTROLS ON SEMICONDUCTOR MANUFACTURING EQUIPMENT. (a) Sense of Congress.--It is the sense of Congress that-- (1) export controls on semiconductor manufacturing equipment and components represent one of the United States' most effective defenses of this foundational technology; (2) advanced computing applications like artificial intelligence are transforming military affairs and the balance of power; (3) the United States and its allies have an advantage in the foundational technologies that underpin advanced computing applications, including advanced-node integrated circuits and the equipment and software required to design and produce advanced-node integrated circuits; (4) robust controls on semiconductor manufacturing equipment and components have been a bipartisan priority across multiple administrations, reflecting a shared recognition that protecting America's semiconductor advantage is essential to national security; (5) the adversaries of the United States are exploiting gaps in the current export control regime; (6) certain entities, including ChangXin Memory Technologies, Hua Hong Semiconductor Limited, Huawei Technologies Company, Semiconductor Manufacturing International Corporation, and Yangtze Memory Technologies Corporation are engaged in efforts to produce advanced-node integrated circuits that are especially crucial for the Military-Civil Fusion efforts of the People's Republic of China and warrant comprehensive export controls to prevent those companies from accessing items made with United States technologies; (7) companies located in adversary countries that produce semiconductor manufacturing equipment are critical to adversaries' efforts to overcome exports controls to develop advanced-node integrated circuit production capabilities, and such companies should not be permitted to utilize or benefit from United States or allied technology or components; (8) the United States Government should work closely with allies and partners of the United States to align export controls on semiconductor manufacturing equipment and components to prevent gaps in controls, reduce the risk of circumvention, and ensure a level global playing field; and (9) securing a diplomatic agreement, including through the use of positive incentives to encourage adoption of these controls, is the best and most sustainable path to alignment. (b) Identifying Chokepoints.--Not later than 60 days after the date of the enactment of this Act, and annually thereafter, the covered agency heads shall-- (1) jointly 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. (c) Diplomatic Engagement.-- (1) In general.--The covered agency heads shall prioritize and, upon the date of the enactment of this Act, immediately engage in diplomatic efforts to 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 for the export of all applicable items to any covered facility and the servicing of all applicable items at any covered facility, with a policy of denying such license. (2) Briefing on diplomatic efforts.--Not later than 90 days after the date of the enactment of this Act, the covered agency heads shall provide a briefing to members of the appropriate congressional committees that-- (A) describes the status of diplomatic efforts to secure the adoption by allied supplier countries of the controls described in paragraph (1); (B) outlines and assesses positive incentives to encourage adoption of these controls; and (C) identifies-- (i) countries that have not adopted the controls described in paragraph (1)(A); (ii) countries that have not adopted the controls described in paragraph (1)(B); and (iii) measures that the United States has taken to implement the controls described in subparagraphs (A) and (B) of paragraph (1). (d) Application of Controls and Exhaustion of Diplomatic Recourse.-- (1) Application of controls.--Not later than 150 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Commerce, in consultation with the Secretary of State, shall issue regulations that-- (A) apply countrywide controls to covered semiconductor manufacturing equipment produced in the United States; and (B) apply comprehensive end-user or end-use restrictions to all covered facilities located in countries of concern. (2) Exhaustion of diplomatic recourse.--Except as provided in paragraph (4), for each allied supplier country, the covered agency heads 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-- (i) countrywide controls, or policies that have the same practical effect, on all semiconductor manufacturing equipment that is subject to the jurisdiction of the allied supplier country; and (ii) licensing requirements, with a policy of denying the license, for the export of all applicable items to any covered facility, or other policies with the same practical effect; or (B)(i) the country has not adopted the controls described in subparagraph (A) or (B) of subsection (c)(1); (ii) the covered agency heads have prioritized and exhausted available diplomatic channels; (iii) such channels have failed to secure export controls from the allied supplier country that have the same practical effect as those described in subparagraphs (A) and (B) of subsection (c)(1); and (iv) continued delay would materially undermine the national security of the United States. (3) Extension of controls.--For each allied supplier country for which the covered agency heads submitted a certification described in paragraph (2)(B), the Secretary of Commerce, in consultation with the Secretary of State, shall issue regulations that-- (A) establish jurisdiction over and apply countrywide controls, by directly controlling the equipment, indirectly restricting the end-use of essential components of such equipment, or both, to covered semiconductor manufacturing equipment exported from the allied supplier country; and (B) require a license for the servicing of any applicable item that is also subject to the jurisdiction of the allied supplier country in any covered facility located in a country of concern and implement a policy of denying the license for such servicing; and (C) establish jurisdiction over applicable items from the allied supplier country and apply end-user or end-use controls prohibiting the export of such items to any covered facility. (4) National security waiver.--The covered agency heads may jointly grant a one-time waiver to extend the 150-day deadline for certification under paragraph (2) by not more than 90 days, if the covered agency heads, with concurrence from the Secretary of Defense and the Secretary of Energy, jointly-- (A) submit a report to the appropriate congressional committees describing-- (i) justification for why the deadline could not be met; and (ii) the interim steps the covered agency heads 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, despite the risk that countries of concern may take advantage of the delay to further stockpile covered semiconductor manufacturing equipment; and (ii) 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 and implement controls that have the same practical effect as, or are more stringent than, the controls that would otherwise be imposed under paragraph (3). (e) Report.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the covered agency heads shall provide to the appropriate congressional committees a report that includes-- (1) a list of all covered semiconductor manufacturing equipment; (2) a list of all entities that own or operate a covered facility; (3) the scope of the countrywide controls imposed by the United States and allied supplier countries on each covered semiconductor manufacturing equipment identified pursuant to paragraph (1); (4) a summary of diplomatic engagements and unilateral actions undertaken by the covered agency heads in the 12- months period prior to the submission of the report to close any gap among allied supplier countries in the countrywide controls imposed by such countries for covered semiconductor manufacturing equipment; and (5) a certification that the export of any covered semiconductor manufacturing equipment to a country of concern and the export of any applicable items to any covered fa