[Congressional Record Volume 168, Number 121 (Thursday, July 21, 2022)]
[Senate]
[Pages S3616-S3617]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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.''.

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