S.Amdt. 6382

This amendment, submitted by Ms. Cortez Masto, aims to add a Clean Fabrication Facilities Certification Program to bill S. 4784. The purpose is to require facilities that make integrated circuits and are located outside of countries with a comprehensive United States arms embargo to certify annually that they do not use semiconductor manufacturing equipment produced by an entity of concern.

If a facility does use such equipment, it must certify that it will phase out that equipment within one year of submitting the certification.

To ensure these rules are followed, the amendment allows the Secretary of Commerce to:

• Require licenses for the export, reexport, and in-country transfer of U.S. jurisdiction items to facilities that do not certify.

• Require special authorization for U.S. based facilities to engage in transactions involving countries under a comprehensive United States arms embargo if they fail to certify.

• Update the foreign direct product rule and create new rules restricting transactions between U.S. persons and entities of concern.

The amendment also establishes penalties for those who fail to certify or who knowingly provide false certifications, treating these actions as violations of section 1760 of the Export Control Reform Act of 2018.