S.Amdt. 6135
What it does: Adds SEC. 875. PROHIBITION ON CERTAIN SEMICONDUCTOR PRODUCTS AND SERVICES at the end of subtitle E of title VIII
Sen. Charles E. Schumer (D-NY)What it changes
1 change to S.Amdt. 5499 · shown in S.Amdt. 5499's text
Adds SEC. 875. PROHIBITION ON CERTAIN SEMICONDUCTOR PRODUCTS AND SERVICES at the end of subtitle E of title VIII
Adds a sectionIn S.Amdt. 5499 as proposed
(c) Required Completion.--The Secretary shall ensure that the updates required by subsection (a) are completed before January 1, 2029.
Inserted: SEC. 875. PROHIBITION ON CERTAIN SEMICONDUCTOR PRODUCTS AND SERVICES.
Inserted: (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--
Inserted: (1) in the section heading, by inserting "and semiconductor products and services" after "services or equipment";
Inserted: (2) in subsection (a)(1), by inserting ", or covered semiconductor products or services," after "equipment or services" both places it appears; and
Inserted: (3) in subsection (f)--
Inserted: (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively;
Inserted: (B) by inserting after paragraph (2) the following new paragraph:
Inserted: "(3) Covered semiconductor product or services.--The term 'covered semiconductor product or services' means any of the following:
Inserted: "(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).
Inserted: "(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.".
Inserted: (b) Effective Date and Applicability.--The amendments made by subsection (a) shall--
Inserted: (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
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Inserted: (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.
Original wording
At the end of subtitle E of title VIII, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
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.”.
(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.
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Senate amendment submitted
September 29, 2022