[Congressional Record Volume 168, Number 162 (Tuesday, October 11, 2022)]
[Senate]
[Page S6566]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6462. Mr. REED (for Mr. Schumer (for himself and Mr. Cornyn)) 
submitted an amendment intended to be proposed to amendment SA 5499 
proposed by Mr. Reed (for himself and Mr. Inhofe) to the bill H.R. 
7900, to authorize appropriations for fiscal year 2023 for military 
activities of the Department of Defense and 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;
       (3) in subsection (d), by adding at the end the following 
     new paragraph:
       ``(3) Secretary of defense.--The Secretary of Defense may 
     provide a waiver on a date later than the effective dates 
     described in subsection (c) if the Secretary determines the 
     waiver is in the national security interests of the United 
     States.''; and
       (4) 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.''.
       (b) Effective Date and Applicability.--The amendments made 
     by subsection (a) shall take effect three years after the 
     date of the enactment of this Act.
       (c) Office of Management and Budget Report and Briefing.--
     Not later than 270 days after the effective date described in 
     subsection (b)(2), the Director of the Office of Management 
     and Budget, in coordination with the Director of National 
     Intelligence and the National Cyber Director, shall provide 
     to the Majority Leader and Minority Leader of the Senate, the 
     Speaker of the House of Representatives, the Minority leader 
     of the House of Representatives, and the appropriate 
     congressional committees (as defined in section 889(f) of the 
     John S. McCain National Defense Authorization Act for Fiscal 
     Year 2019 (Public Law 115-232; 41 U.S.C. 3901 note prec.)) a 
     report and briefing on--
       (1) the implementation of the amendments made by subsection 
     (a), including any challenges in the implementation; and
       (2) the effectiveness and utility of the waiver authority 
     under subsection (d) of such section 889.
                                 ______