[Congressional Record Volume 168, Number 121 (Thursday, July 21, 2022)]
[Senate]
[Pages S3615-S3617]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 5144. Mr. HAGERTY (for himself, Mr. King, Mr. Cornyn, Mr. Wicker, 
Mr. Young, Ms. Sinema, and Mr. Kelly) submitted an amendment intended 
to be proposed to amendment SA 5135 proposed by Mr. Schumer to the bill 
H.R. 4346, making appropriations for Legislative Branch for the fiscal 
year ending September 30, 2022, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of division A, add the following:

     SEC. 10___. FEDERAL PERMITTING IMPROVEMENT.

       Section 41001(6)(A) of the FAST Act (42 U.S.C. 4370m(6)(A)) 
     is amended, in the matter preceding clause (i), by inserting 
     ``semiconductors, artificial intelligence and machine 
     learning, high-performance computing and advanced computer 
     hardware and software, quantum information science and 
     technology, data storage and data management, 
     cybersecurity,'' after ``manufacturing,''.
                                 ______
                                 
  SA 5145. Mr. SANDERS (for himself and Ms. Warren) submitted an 
amendment intended to be proposed to amendment SA 5135 proposed by Mr. 
Schumer to the bill H.R. 4346, making appropriations for Legislative 
Branch for the fiscal year ending September 30, 2022, and for other 
purposes; which was ordered to lie on the table; as follows:

        At the end of division A, add the following:

     SEC. 108. TERMS AND CONDITIONS OF ASSISTANCE.

       (a) CHIPS Assistance.--
       (1) Required agreement.--A covered entity to which the 
     Secretary of Commerce awards Federal financial assistance 
     under section 9902 of the William M. (Mac) Thornberry 
     National Defense Authorization Act for Fiscal Year 2021 (15 
     U.S.C. 4652) or section 102 or 103 of this Act with amounts 
     appropriated under this Act shall enter into an agreement 
     that specifies that, during the 5-year period immediately 
     following the award of the Federal financial assistance--
       (A) the covered entity will not--
       (i) repurchase an equity security that is listed on a 
     national securities exchange of the covered entity or any 
     parent company of the covered entity, except to the extent 
     required under a contractual obligation that is in effect as 
     of the date of enactment of this Act;
       (ii) outsource or offshore jobs to a location outside of 
     the United States; or
       (iii) abrogate existing collective bargaining agreements; 
     and
       (B) the covered entity will remain neutral in any union 
     organizing effort.
       (2) Financial protection of government.--
       (A) In general.--The Secretary of Commerce may not award 
     Federal financial assistance to a covered entity under 
     section 9902 of the William M. (Mac) Thornberry National 
     Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 
     4652) or under section 102 or 103 of this Act with amounts 
     appropriated under this Act, unless--
       (i)(I) the covered entity has issued securities that are 
     traded on a national securities exchange; and
       (II) the Secretary of the Treasury receives a warrant or 
     equity interest in the covered entity; or
       (ii) in the case of any covered entity other than a covered 
     entity described in clause (i), the Secretary of the Treasury 
     receives, in the discretion of the Secretary of the 
     Treasury--

       (I) a warrant or equity interest in the covered entity; or
       (II) a senior debt instrument issued by the covered entity.

       (B) Terms and conditions.--The terms and conditions of any 
     warrant, equity interest, or senior debt instrument received 
     under subparagraph (A) shall be set by the Secretary of 
     Commerce and shall meet the following requirements:
       (i) Purposes.--Such terms and conditions shall be designed 
     to provide for a reasonable participation by the Secretary of 
     Commerce, for the benefit of taxpayers, in equity 
     appreciation in the case of a warrant or other equity 
     interest, or a reasonable interest rate premium, in the case 
     of a debt instrument.
       (ii) Authority to sell, exercise, or surrender.--For the 
     primary benefit of taxpayers, the Secretary of Commerce may 
     sell, exercise, or surrender a warrant or any senior debt 
     instrument received under this paragraph. The Secretary of 
     Commerce shall not exercise voting power with respect to any 
     shares of common stock acquired under this paragraph.
       (iii) Sufficiency.--If the Secretary of Commerce determines 
     that a covered entity cannot feasibly issue warrants or other 
     equity interests as required by this paragraph, the Secretary 
     of Commerce may accept a senior debt instrument in an amount 
     and on such terms as the Secretary of Commerce determines 
     appropriate.
       (b) Application to Advanced Manufacturing Investment 
     Credit.--
       (1) Financial protection of government.--Subsection (c) of 
     section 48D of the Internal Revenue Code of 1986 (as added by 
     this Act) is amended to read as follows:
       ``(c) Eligible Taxpayer.--
       ``(1) In general.--For purposes of this section, the term 
     `eligible taxpayer' means any taxpayer which--
       ``(A) is not a foreign entity of concern (as defined in 
     section 9901(6) of the William M. (Mac) Thornberry National 
     Defense Authorization Act for Fiscal Year 2021),
       ``(B) has not made an applicable transaction (as defined in 
     section 50(a)) during the taxable year,
       ``(C) has not performed a prohibited activity (as defined 
     in section 50(a)) for the portion of the taxable year after 
     investment credit property has been placed in service, and
       ``(D) meets the requirements of paragraph (2).
       ``(2) Financial protection requirements.--
       ``(A) In general.--A taxpayer meets the requirements of 
     this paragraph if--
       ``(i)(I) the taxpayer has issued securities that are traded 
     on a national securities exchange; and
       ``(II) the Secretary of the Treasury receives a warrant or 
     equity interest in the covered entity; or
       ``(ii) in the case of taxpayer other than a taxpayer 
     described in subparagraph (A), the Secretary receives, in the 
     discretion of the Secretary--

       ``(I) a warrant or equity interest in the taxpayer; or
       ``(II) a senior debt instrument issued by the taxpayer.

       ``(B) Terms and conditions.--The terms and conditions of 
     any warrant, equity interest, or senior debt instrument 
     received under subparagraph (A) shall be set by the 
     Secretary, in consultation with the Secretary of Commerce, 
     and shall meet the following requirements:
       ``(i) Purposes.--Such terms and conditions shall be 
     designed to provide for a reasonable participation by the 
     Secretary, for the benefit of taxpayers, in equity 
     appreciation in the case of a warrant or other equity 
     interest, or a reasonable interest rate premium, in the case 
     of a debt instrument.
       ``(ii) Authority to sell, exercise, or surrender.--For the 
     primary benefit of taxpayers, the Secretary may sell, 
     exercise, or surrender a warrant or any senior debt 
     instrument received under this clause. The Secretary shall 
     not exercise voting power with respect to any shares of 
     common stock acquired under this subparagraph.
       ``(iii) Sufficiency.--If the Secretary determines that a 
     taxpayer cannot feasibly issue warrants or other equity 
     interests as required by this paragraph, the Secretary may 
     accept a senior debt instrument in an amount and on such 
     terms as the Secretary determines appropriate.''.
       (2) Recapture of credit in certain cases.--
       (A) In general.--Section 50(a) of the Internal Revenue Code 
     of 1986, as amended by this Act, is amended redesignating 
     paragraphs (4) through (6) as paragraphs (5) through (7), 
     respectively, and by inserting after paragraph (3) the 
     following new paragraph:
       ``(4) Certain requirements for advanced manufacturing 
     facilities.--If there is a prohibited activity by an 
     applicable taxpayer before the close of the 5-year period 
     beginning on the date such taxpayer placed in service 
     investment credit property which is eligible for the advanced 
     manufacturing investment credit under section 48D(a), then 
     the tax under this chapter for the taxable year in which such 
     transaction occurs shall be increased by 100 percent of the 
     aggregate decrease in the credits allowed under section 38 
     for all prior taxable years which would have resulted solely 
     from reducing to zero any credit determined under section 46 
     which is attributable to the advanced manufacturing 
     investment credit under section 48D(a) with respect to such 
     property.''.
       (B) Prohibited activity.--Section 50(a)(7) of the Internal 
     Revenue Code of 1986, as amended redesignated by the 
     preceding provisions of this Act, is amended adding at the 
     end the following new subparagraph:
       ``(E) Prohibited activity.--For purposes of this 
     subsection, the term `prohibited activity' means, with 
     respect to any applicable taxpayer, any of the following:
       ``(i) the repurchase an equity security that is listed on a 
     national securities exchange of the taxpayer or any parent 
     company of the taxpayer, except to the extent required under 
     a contractual obligation that is in effect as of the date of 
     enactment of this subparagraph;
       ``(ii) the outsourcing or offshoring of jobs to a location 
     outside of the United States;

[[Page S3616]]

       ``(iii) the abrogation of existing collective bargaining 
     agreements; or
       ``(iv) the failure of the taxpayer to remain neutral in any 
     union organizing effort.''.
       (C) Conforming amendments.--
       (i) Section 50(a)(5) of the Internal Revenue Code of 1986, 
     as redesignated by the preceding provisions of this Act, is 
     amended--

       (I) by striking ``or any applicable transaction to which 
     paragraph (3)(A) applies'' and inserting ``any applicable 
     transaction to which paragraph (3)(A) applies, or any 
     prohibited transaction to which paragraph (4) applies'', and
       (II) by striking ``or applicable transaction'' and 
     inserting ``, applicable transaction, or prohibited 
     transaction''.

       (ii) Section 50(a)(7)(C) of such Code, as amended and 
     redesignated the preceding provisions of this Act, is amended 
     by striking ``or (3)'' and inserting ``(3), or (4)''.
       (iii) Section 1371(d)(1) of such Code, as amended by this 
     Act, is amended by striking ``section 50(a)(5)'' and 
     inserting ``section 50(a)(6)''.
                                 ______
                                 
  SA 5146. Mr. JOHNSON submitted an amendment intended to be proposed 
by him to the bill H.R. 4346, making appropriations for Legislative 
Branch for the fiscal year ending September 30, 2022, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. OFFSET OF COSTS USING UNOBLIGATED FUNDS FROM THE 
                   AMERICAN RESCUE PLAN ACT OF 2021 AND THE CARES 
                   ACT.

       (a) Definition.--In this section, the term ``total cost of 
     this Act'' means the sum, as determined by the Director of 
     OMB, of the amounts appropriated under any division of this 
     Act or an amendment made by any division of this Act and the 
     amounts authorized to be appropriated under any division of 
     this Act or an amendment made by any division of this Act.
       (b) Rescissions.--Effective on the date of enactment of 
     this Act, there is rescinded, on a pro rata basis---
       (1) of the unobligated balances made available under the 
     American Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat. 
     4), the amount necessary to reduce the total amount of such 
     unobligated balances by an amount equal to the total cost of 
     this Act; and
       (2) if the unobligated balances described in paragraph (1) 
     are less than the total cost of this Act, of the unobligated 
     balances made available under the CARES Act (Public Law 116-
     136; 134 Stat. 281), the amount necessary to reduce the total 
     amount of such unobligated balances by an amount equal to the 
     difference between the amount rescinded under paragraph (1) 
     and the total cost of this Act.
                                 ______
                                 
  SA 5147. Mr. GRAHAM submitted an amendment intended to be proposed to 
amendment SA 5135 proposed by Mr. Schumer to the bill H.R. 4346, making 
appropriations for Legislative Branch for the fiscal year ending 
September 30, 2022, and for other purposes; which was ordered to lie on 
the table; as follows:

        On page 31, lines 9 and 10, strike ``or semiconductor 
     manufacturing equipment'' and insert ``semiconductor 
     manufacturing equipment, or substantial or essential 
     components of semiconductor manufacturing equipment''.
       On page 34, lines 5 and 6, strike ``or semiconductor 
     manufacturing equipment'' and insert ``semiconductor 
     manufacturing equipment, or substantial or essential 
     components of semiconductor manufacturing equipment''.
                                 ______
                                 
  SA 5148. Mr. SCHUMER proposed an amendment to the bill S. 3373, to 
improve the Iraq and Afghanistan Service Grant and the Children of 
Fallen Heroes Grant; as follows:

       At the end add the following:

     SEC. EFFECTIVE DATE

       This Act shall take effect on the date that is 1 day after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 5149. Mr. SCHUMER proposed an amendment to amendment SA 5148 
proposed by Mr. Schumer to the bill S. 3373, to improve the Iraq and 
Afghanistan Service Grant and the Children of Fallen Heroes Grant; as 
follows:

        On page 1, line 3, strike ``1 day'' and insert ``2 days''.
                                 ______
                                 
  SA 5150. Mr. SCHUMER proposed an amendment to the bill S. 3373, to 
improve the Iraq and Afghanistan Service Grant and the Children of 
Fallen Heroes Grant; as follows:

       At the end add the following:

     SEC. EFFECTIVE DATE.

       This Act shall take effect on the date that is 3 days after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 5151. Mr. SCHUMER proposed an amendment to amendment SA 5150 
proposed by Mr. Schumer to the bill S. 3373, to improve the Iraq and 
Afghanistan Service Grant and the Children of Fallen Heroes Grant; as 
follows:

       On page 1, line 3, strike ``3'' and insert ``4''.
                                 ______
                                 
  SA 5152. Mr. SCHUMER proposed an amendment to amendment SA 5151 
proposed by Mr. Schumer to the amendment SA 5150 proposed by Mr. 
Schumer to the bill S. 3373, to improve the Iraq and Afghanistan 
Service Grant and the Children of Fallen Heroes Grant; as follows:

       On page 1, line 3, strike ``4'' and insert ``5''.
                                 ______
                                 
  SA 5153. Mr. MANCHIN (for himself and Mrs. Shaheen) submitted an 
amendment intended to be proposed to amendment SA 5135 proposed by Mr. 
Schumer to the bill H.R. 4346, making appropriations for Legislative 
Branch for the fiscal year ending September 30, 2022, and for other 
purposes; which was ordered to lie on the table; as follows:

        On page 790, on line 4, insert ``In selecting recipients, 
     the Secretary shall consider for prioritization severely 
     distressed eligible areas, in addition to other factors.'' 
     after ``recipients.''
                                 ______
                                 
  SA 5154. Mrs. CAPITO (for herself, Mr. Wicker, Mr. Tillis, and Mr. 
Cornyn) submitted an amendment intended to be proposed to amendment SA 
5135 proposed by Mr. Schumer to the bill H.R. 4346, making 
appropriations for Legislative Branch for the fiscal year ending 
September 30, 2022, and for other purposes; which was ordered to lie on 
the table; as follows:

        Beginning on page 776, strike line 18 and all that follows 
     through page 790, line 4.
                                 ______
                                 
  SA 5155. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 5135 proposed by Mr. Schumer to the bill H.R. 4346, making 
appropriations for Legislative Branch for the fiscal year ending 
September 30, 2022, and for other purposes; which was ordered to lie on 
the table; as follows:

        Beginning on page 40, strike line 5 and all that follows 
     through line 23 on page 42, and insert the following:
       ``(ii) Updates.--

       ``(I) Appropriate congressional committees.--For purposes 
     of this clause, the term `appropriate congressional 
     committees' means--

       ``(aa) the Committee on Commerce, Science and 
     Transportation, the Select Committee on Intelligence, and the 
     Committee on Armed Services of the Senate; and
       ``(bb) the Committee on Energy and Commerce, the Permanent 
     Select Committee on Intelligence, and the Committee on Armed 
     Services of the House of Representatives.

       ``(II) In general.--Subject to subclause (III), not later 
     than 2 years after the date of enactment of the CHIPS Act of 
     2022, and not less frequently than once every 2 years 
     thereafter for the 8-year period after the last award under 
     this section is made, the Secretary, after public notice and 
     an opportunity for comment and if applicable and necessary, 
     shall issue a public notice identifying any additional 
     semiconductor technology included in the meaning of the term 
     `legacy semiconductor' under clause (i).
       ``(III) Notice to the appropriate congressional 
     committees.--

       ``(aa) Notice.--Not later than 10 days after the Secretary 
     determines that any additional semiconductor technology 
     should be included in the meaning of the term `legacy 
     semiconductor' under clause (i) and before the Secretary 
     issues the initial public notice described in subclause (II), 
     the Secretary--
       ``(AA) shall notify the appropriate congressional 
     committees of that determination; and
       ``(BB) shall not issue the initial public notice described 
     in subclause (II) unless each of the appropriate 
     congressional committees affirmatively agrees in writing in 
     accordance with item (bb) to the proposed inclusion of the 
     additional semiconductor technology in the meaning of the 
     term `legacy semiconductor'.
       ``(bb) Agreement.--Upon receipt of a notice described in 
     item (aa) by an appropriate congressional committee, the 
     appropriate congressional committee--
       ``(AA) shall review the notice; and
       ``(BB) if the appropriate congressional committee agrees to 
     the inclusion, not later than 30 days after the date of 
     receipt of the notice, shall submit to the Secretary a 
     written affirmative agreement that the relevant additional 
     semiconductor technology should be included in the meaning of 
     the term `legacy semiconductor'.
       ``(iii) Functions of the secretary.--The functions of the 
     Secretary under this paragraph shall not be subject to 
     sections 551, 553 through 559, and 701 through 706 of title 
     5, United States Code.
       ``(iv) Consultation.--In carrying out clause (ii), the 
     Secretary shall consult with the Director of National 
     Intelligence and the Secretary of Defense.
       ``(v) Considerations.--In carrying out clause (ii), the 
     Secretary shall consider--

       ``(I) state-of-the-art semiconductor technologies in the 
     United States and internationally, including in foreign 
     countries of concern; and
       ``(II) consistency with export controls relating to 
     semiconductors.

[[Page S3617]]

       ``(B) Definition of semiconductor manufacturing.--In this 
     paragraph, the term `semiconductor manufacturing'--
       ``(i) has the meaning given the term by the Secretary, in 
     consultation with the Secretary of Defense and the Director 
     of National Intelligence; and
       ``(ii) includes front-end semiconductor fabrication.
       ``(C) Required agreement.--
       ``(i) In general.--On or before the date on which the 
     Secretary awards Federal financial assistance to a covered 
     entity under this section, the covered entity shall enter 
     into an agreement with the Secretary specifying that, during 
     the 10-year period beginning on the date of the award, 
     subject to clause (ii), the covered entity may not engage in 
     any transaction, as defined in the agreement, involving the 
     expansion of semiconductor manufacturing capacity in the 
     People's Republic of China or any other foreign country of 
     concern.
       ``(ii) Exceptions.--

       ``(I) Appropriate congressional committees.--For purposes 
     of this clause, the term `appropriate congressional 
     committees' means--

       ``(aa) the Committee on Commerce, Science, and 
     Transportation, the Select Committee on Intelligence, and the 
     Committee on Armed Services of the Senate; and
       ``(bb) the Committee on Energy and Commerce, the Permanent 
     Select Committee on Intelligence, and the Committee on Armed 
     Services of the House of Representatives.

       ``(II) Application of exceptions.--The prohibition in the 
     agreement required under clause (i) shall not apply to--

       ``(aa) existing facilities or equipment of a covered entity 
     for manufacturing legacy semiconductors; or
       ``(bb) significant transactions involving the material 
     expansion of semiconductor manufacturing capacity that--
       ``(AA) produces legacy semiconductors; and
       ``(BB) predominately serves the market of a foreign country 
     of concern.

       ``(III) Notification.--If the Secretary grants an exception 
     or otherwise becomes aware of any facility, equipment, or 
     significant transaction that qualifies for an exception under 
     subclause (II), the Secretary shall submit notice of the 
     exception to the appropriate congressional committees not 
     later than 10 days after the date on which the Secretary 
     grants or becomes aware of the exception.''.

                                 ______
                                 
  SA 5156. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill H.R. 4346, making appropriations for Legislative Branch 
for the fiscal year ending September 30, 2022, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. ADDITIONAL ``RIP AND REPLACE'' FUNDING.

       Section 4(k) of the Secure and Trusted Communications 
     Networks Act of 2019 (47 U.S.C. 1603(k)) is amended by 
     striking ``$1,900,000,000'' and inserting ``$4,980,000,000''.
                                 ______
                                 
  SA 5157. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill H.R. 4346, making appropriations for Legislative Branch 
for the fiscal year ending September 30, 2022, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place in division B, insert the 
     following:

     SEC. __. COUNTERINTELLIGENCE AND NATIONAL SECURITY 
                   PROTECTIONS.

       (a) Counterintelligence Screening Process.--
       (1) Establishment.--The Director of National Intelligence, 
     the Director of the National Counterintelligence and Security 
     Center, and the Director of the Federal Bureau of 
     Investigation shall jointly establish a counterintelligence 
     screening process to protect the United States against 
     efforts of China and other foreign entities to engage in 
     economic espionage and to misappropriate United States 
     intellectual property, research and development, and 
     innovation efforts.
       (2) Functions.--Subject to the joint direction and control 
     of the Director of National Intelligence, the Director of the 
     National Counterintelligence and Security Center, and the 
     Director of the Federal Bureau of Investigation, the 
     counterintelligence screening process established under 
     paragraph (1) shall assess and screen all funds provided 
     under this Act (including grants awarded under this Act) for 
     potential national security threats.
       (3) Funding.--Amounts required to carry out the process 
     established under paragraph (1) shall be derived from amounts 
     appropriated to carry out this Act.
       (b) Protections.--
       (1) Certification required for receipt of amounts.--
     Notwithstanding any other provision of this Act, no person 
     may receive any amount (including an amount as part of a 
     grant awarded under this Act) or purchase, lease, or 
     otherwise obtain any intellectual property developed through 
     a grant awarded under this Act, unless the Director of 
     National Intelligence, the Director of the National 
     Counterintelligence and Security Center, and the Director of 
     the Federal Bureau of Investigation jointly certify that the 
     person has sufficient protections in place to protect against 
     misappropriation of United States intellectual property, 
     research and development, and innovation efforts, and other 
     threats from foreign governments and other entities.
       (2) Certification requirements.--Notwithstanding any other 
     provision of this Act, no certification may be made under 
     paragraph (1) with respect to a person unless such person 
     discloses to the Director of National Intelligence, the 
     Director of the National Counterintelligence and Security 
     Center, and the Director of the Federal Bureau of 
     Investigation the following:
       (A) Any funding received by the person from a foreign 
     source during the most recent 10-year period.
       (B) Any financial or in-kind support received by the person 
     from any entity--
       (i) owned or controlled by the Government of the People's 
     Republic of China; or
       (ii) in which the Government of the People's Republic of 
     China has an ownership interest.
       (C) Any participation of the person in a foreign government 
     talent recruitment program, consistent with sections 10631 
     and 10632.

                          ____________________