Sec. 247. Microelectronics and national security
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Section 231 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 2302 note) is amended— in subsection (a), by striking September 30, 2019 and inserting December 30, 2020 ; in subsection (b), by adding at the end the following new paragraphs: An approach to ensuring the continuing production of cutting-edge microelectronics for national security needs, including state-of-the-art node sizes, heterogeneous integration, boutique chip designs, and variable volume production capabilities.
An assessment of current microelectronics supply chain management practices, existing risks, and actions that may be carried out to mitigate such risks by organizations in the defense industrial base. A plan for increasing commercialization of intellectual property developed by the Department of Defense for commercial microelectronics research and development. An assessment of the feasibility, usefulness, efficacy, and cost of— developing a national laboratory exclusively focused on the research and development of microelectronics to serve as a center for Federal Government expertise in high-performing, trusted microelectronics and as a hub for Federal Government research into breakthrough microelectronics-related technologies; and incorporating into such national laboratory a commercial incubator to provide early-stage microelectronics startups, which face difficulties scaling due to the high costs of microelectronics design and fabrication, with access to funding resources, fabrication facilities, design tools, and shared intellectual property.
Such other matters as the Secretary of Defense determines to be relevant. ; in subsection (d), by striking September 30, 2019 and inserting December 30, 2020 ; and in subsection (e), by striking September 30, 2019 and inserting December 30, 2020 . Not later than 30 days after the date of the enactment of this Act, the President, in consultation with the National Security Council, the National Economic Council, and the Office of Science and Technology Policy, shall establish an advisory panel on microelectronics leadership and competitiveness (referred to in this subsection as the Advisory Panel ).
The Advisory Panel shall be composed of the following members: The Secretary of Defense. The Secretary of Energy. The Director of the National Science Foundation. The Director of the National Institute of Standards and Technology. The heads of such other departments and agencies of the Federal Government as the President, in consultation with the National Security Council, determines appropriate. Not later than 180 days after the date on which the Advisory Panel is established, the Panel shall develop a national strategy to— accelerate the development and deployment of state-of-the-art microelectronics; and ensure that the United States is a global leader in the field of microelectronics.
The strategy developed under subparagraph
(A)shall address the following: Activities that may be carried out to strengthen engagement and outreach between the Department of Defense and industry, academia, international partners of the United States, and other departments and agencies of the Federal Government on issues relating to microelectronics. Science, technology, research, and development efforts to facilitate the advancement and adoption of microelectronics and new uses of microelectronics and components, including efforts to— accelerate leap-ahead research, development, and innovation in microelectronics; and deploy heterogeneously integrated microelectronics for machine learning and other applications. The role of diplomacy and trade in maintaining the position of the United States as a global leader in the field of microelectronics, including the feasibility and advisability of— implementing multilateral export controls tailored through direct coordination with key allies of the United States, including through the Wassenaar Arrangement and other multilateral fora, for specific semiconductor manufacturing equipment such as extreme ultraviolet photolithography equipment and argon fluoride immersion photolithography equipment; additional trade enforcement actions that may be initiated by the United States to address any unfair or excessive foreign semiconductor subsidy programs or other unfair microelectronics trade practices; and the elimination of any trade barriers or unilateral export controls that harm United States companies without producing a substantial benefit to the competitiveness or national security of the United States. The potential role of a national laboratory and incubator exclusively focused on the research and development of microelectronics, as described in section 231(b)(13) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 2302 note) (as added by subsection (a)) in carrying out the strategy and plan required subparagraph (A). Such other activities as the Panel determines may be appropriate to overcome looming challenges to the innovation, competitiveness, and supply chain integrity of the United States in the area of microelectonics. Not later than 90 days after the date of the enactment of this Act— the Secretary of Defense shall provide to the congressional defense committees a briefing on the progress of the Secretary in developing the strategy and implementation plan required under section 231(a) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 2302 note); and the Assistant to the President for National Security Affairs shall provide to the congressional defense committees a briefing on the progress of the Advisory Panel in developing the strategy required under subsection (b)(3).
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