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Congressional Daily Record
This section is about changes proposed to a bill or resolution. It mentions members such as Catherine Marie Cortez Masto.
Issued
June 24, 2026
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Download official Senate Record PDFReturn to issue contextSA 6382. Ms. CORTEZ MASTO submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 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 G of title X, add the following:
SEC. 1094. CERTIFICATION PROGRAM FOR FACILITIES THAT
MANUFACTURE INTEGRATED CIRCUITS.
(a) Clean Fabrication Facilities Certification Program.—
(1) Certification.—Not later than 60 days after the date
of the enactment of this Act, the Secretary of Commerce shall
issue regulations requiring any facility located outside of a
country subject to a comprehensive United States arms embargo
that engages in the production of integrated circuits to
attest, on an annual basis, that—
(A) the facility does not and will not use any
semiconductor manufacturing equipment that was produced by an
entity of concern; and
(B) if the facility does use semiconductor manufacturing
equipment that was produced by an entity of concern, the
facility will phase out the use of that equipment not later
than 1 year after the submission of the certification.
(2) Compliance.—
(A) In general.—For the purpose of encouraging compliance
with regulations issued pursuant to paragraph (1), the
Secretary may issue regulations that require, for any
facility that does not complete the certification
requirements described in paragraph (1)—
(i) a license for the export, reexport, and in-country
transfer of items subject to the jurisdiction of the United
States to any such facility located outside of the United
States; and
(ii) special authorization for any such facility that is
located in the United States to engage in transactions that
involve a country subject to a comprehensive United States
arms embargo.
(B) Review policy.—In the regulations issued pursuant to
subparagraph (A), the Secretary shall include a review policy
for applications for licenses or special authorizations
that—
(i) applies on a case-by-case basis; and
(ii) takes into account the national security risk
associated with the facility continuing to use semiconductor
manufacturing equipment produced by an entity of concern.
(C) Authorization to enforce compliance.—To implement the
regulations issued pursuant to subparagraph (A), the
Secretary may—
(i) update the foreign direct product rule to subject a
foreign-produced item to the jurisdiction of the United
States if the item—
(I) is the direct product of technology or software that is
subject to the Export Administration Regulation; or
(II) is or contains the product of a complete plant or
major component of a plant that is a direct product of an
item, including technology or software, that is subject to
the Export Administration Regulation; and
(ii) issue a new rule that regulates or restricts
transactions between a United States persons and an entity of
concern.
(3) Penalties.—
(A) Failure to certify.—A facility that fails to complete
the certification required under paragraph (1) and that
receives an item subject to the Export Administration
Regulations shall be deemed to have committed a violation of
section 1760 of the Export Control Reform Act of 2018 (50
U.S.C. 4819) and the penalties set forth in subsections (b)
and (c) of that section shall apply to the same extent that
such penalties apply to a person who commits a violation of
that section.
(B) False certification.—Any person that knowingly submits
a certification under paragraph (1) that contains a
materially false statement or misrepresentation shall be
deemed to have committed a violation of section 1760 of the
Export Control Reform Act of 2018 (50 U.S.C. 4819) and the
criminal penalties set forth in subsection (b) of that
section shall apply to the same extent that such penalties
apply to a person who commits a criminal violation of that
section.
(b) Definitions.—In this section:
(1) The term “advanced semiconductor manufacturing
equipment” means any semiconductor fabrication, assembly,
test, or packaging equipment that enables the production of
commercially available integrated circuits.
(2) The term “country subject to a comprehensive United
States arms embargo” means Macau and any country listed in
Country Group D:5 in Supplement No. 1 to part 740 of the
Export Administration Regulations.
(3) The term “entity of concern” means an entity
headquartered in, or the ultimate parent company of which is
headquartered in, a country subject to a comprehensive United
States arms embargo.
(4) The terms “export”, “Export Administration
Regulations”, “in-country transfer”, “reexport”, and
“United States person” have the meanings given such terms
in section 1742 of the Export Control Reform Act of 2018 (50
U.S.C. 4801).