S.Amdt. 5155

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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