[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5679-S5680]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6135. Mr. SCHUMER (for himself and Mr. Cornyn) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 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 VIII, add the following:

     SEC. 875. PROHIBITION ON CERTAIN SEMICONDUCTOR PRODUCTS AND 
                   SERVICES.

       (a) In General.--Section 889 of the John S. McCain National 
     Defense Authorization Act for Fiscal Year 2019 (Public Law 
     115-232; 41 U.S.C. 3901 note prec.) is amended--
       (1) in the section heading, by inserting ``and 
     semiconductor products and services'' after ``services or 
     equipment'';
       (2) in subsection (a)(1), by inserting ``, or covered 
     semiconductor products or services,'' after ``equipment or 
     services'' both places it appears; and
       (3) in subsection (f)--
       (A) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively;
       (B) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) Covered semiconductor product or services.--The term 
     `covered semiconductor product or services' means any of the 
     following:
       ``(A) A product that incorporates a semiconductor product 
     designed or produced by, or any service provided by, 
     Semiconductor Manufacturing International Corporation (SMIC), 
     ChangXin Memory Technologies (CXMT), or Yangtze Memory 
     Technologies Corp. (YMTC) (or any subsidiary, affiliate, or 
     successor of such entities).
       ``(B) Semiconductor products or services produced or 
     provided by an entity that the Secretary of Defense, in 
     consultation with the Director of the National Intelligence 
     or the Director of the Federal Bureau of Investigation, 
     reasonably believes to be an entity owned or controlled by, 
     or otherwise connected to, the government of a covered 
     foreign country.''.

[[Page S5680]]

       (b) Effective Date and Applicability.--The amendments made 
     by subsection (a) shall--
       (1) take effect with regard to the prohibition under 
     subsection (a)(1)(A) of section 889 of the John S. McCain 
     National Defense Authorization Act for Fiscal Year 2019 on 
     such date of enactment; and
       (2) take effect with regard to the prohibitions under 
     subsections (a)(1)(B) and (b)(1) of such section two years 
     after such date of enactment.
                                 ______