[Congressional Record Volume 167, Number 193 (Wednesday, November 3, 2021)]
[Senate]
[Page S7744]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4246. Mr. COTTON submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
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 E of title XII, add the following:

     SEC. 1253. EXPORT CONTROL MEASURES RELATING TO SEMICONDUCTOR 
                   MANUFACTURING INTERNATIONAL CORPORATION AND 
                   HUAWEI TECHNOLOGIES CO., LTD.

       (a) Removal From Entity List.--The President may not remove 
     SMIC from the Entity List unless--
       (1) the President certifies to the appropriate 
     congressional committees that SMIC--
       (A) has ceased the activities that were the basis for its 
     addition to the Entity List consistent with the standards for 
     removal of an entity from the Entity List established in the 
     Export Administration Regulations;
       (B) could not reasonably be expected to--
       (i) resume activities that were the basis for its addition 
     to the Entity List;
       (ii) contribute directly or indirectly to the military or 
     intelligence efforts of a country subject to a United States 
     arms embargo; and
       (iii) directly or indirectly develop technologies that may 
     be used for violations of internationally recognized human 
     rights, including the surveillance of individuals based on 
     religious, ethnic, cultural, or political expressions or 
     affiliations; and
       (C) does not pose a threat to the national security or 
     foreign policy interests of the United States or its allies; 
     or
       (2) the President removes SMIC from the Entity List in 
     order to include SMIC on the Denied Persons List.
       (b) Revision of Licensing Regulations.--Not later than 60 
     days after the date of the enactment of this Act, the 
     Secretary of Commerce shall publish in the Federal Register a 
     final rule revising the Export Administration Regulations to 
     require that the following be subject to a presumption of 
     denial:
       (1) An application for a license or other authorization for 
     the export, re-export, or in-country transfer to SMIC of 
     items capable of supporting the development or production of 
     semiconductors at technology nodes 16 nanometers or below.
       (2) An application for a license or other authorization for 
     exports, re-exports, or in-country transfers to Huawei 
     Technologies Co., Ltd. or any of its successor entities or 
     affiliates of items capable of supporting the development or 
     production of semiconductors.
       (c) Report Required.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary of Commerce shall submit to the appropriate 
     congressional committees a report on applications for 
     licenses for the export, reexport, or in-country transfer of 
     items to SMIC that were issued, denied, or returned without 
     action during the year preceding submission of the report.
       (2) Matters to be included.--For each application for a 
     license described in subparagraph (A), the report required by 
     that subparagraph (A) shall include--
       (A) an identification of the items to which the application 
     is related;
       (B) a description of the end-uses of the items;
       (C) a description of the capabilities of the items;
       (D) the quantity and value of the items;
       (E) the identities of the entities seeking the license; and
       (F) if the application was approved, a statement of how the 
     approval of the license is consistent with the national 
     security and foreign policy interests of the United States.
       (d) Definitions.--In this section:
       (1) Affiliate.--The term ``affiliate'', with respect to an 
     entity, means any other entity that owns or controls, is 
     owned or controlled by, or is under common ownership or 
     control with, the entity.
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Banking, Housing, and Urban Affairs 
     and the Select Committee on Intelligence of the Senate; and
       (B) the Committee on Foreign Affairs of the House of 
     Representatives and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
       (3) Denied persons list.--The term ``Denied Persons List'' 
     means the list maintained by the Bureau of Industry and 
     Security of the Department of Commerce and pursuant to 
     section 764.3(a)(2) of the Export Administration Regulations.
       (4) Entity list.--The term ``Entity List'' means the list 
     maintained by the Bureau of Industry and Security of the 
     Department of Commerce and set forth in Supplement No. 4 to 
     part 744 of the Export Administration Regulations.
       (5) Export; export administration regulations; in-country 
     transfer; items; reexport.--The terms ``export'', ``Export 
     Administration Regulations'', ``in-country transfer'', 
     ``items'', and ``reexport'' have the meanings given those 
     terms in section 1742 of the Export Control Reform Act of 
     2018 (50 U.S.C. 4801).
       (6) SMIC.--The term ``SMIC'' means the Semiconductor 
     Manufacturing International Corporation and any of its 
     successor entities or affiliates.
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