Sec. 1096. Department of Commerce study on status of microelectronics technologies in the United States industrial base
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Commencing not later than 120 days after the date of the enactment of this Act, the Secretary of Commerce and the Secretary of Homeland Security, in consultation with the Secretary of Defense and the heads of other appropriate Federal departments and agencies, shall undertake a review, which shall include a survey, using authorities in section 705 of the Defense Production Act ( 50 U.S.C. 4555 ), to assess the capabilities of the United States industrial base to support the national defense in light of the global nature of the supply chain and significant interdependencies between the United States industrial base and the industrial base of foreign countries with respect to the manufacture, design, and end use of microelectronics.
The Secretary shall ensure compliance with the survey from among all relevant potential respondents, including the following: Corporations, partnerships, associations, or any other organized groups domiciled and with substantial operations in the United States. Corporations, partnerships, associations, or any other organized groups domiciled in the United States with operations outside the United States. Foreign domiciled corporations, partnerships, associations, or any other organized groups with substantial operations or business presence in, or substantial revenues derived from, the United States.
Foreign domiciled corporations, partnerships, associations, or any other organized groups in defense treaty or assistance countries where the production of the entity concerned involves critical technologies covered by section 2. The information sought from a responding entity pursuant to the survey required by subsection
(a)shall include, at minimum, information on the following with respect to the manufacture. design, or end use of microelectronics by such entity: An identification of the geographic scope of operations. Information on relevant cost structures. An identification of types of microelectronics development, manufacture, assembly, test, and packaging equipment in operation at such entity. An identification of all relevant intellectual property, raw materials, and semi-finished goods and components sourced domestically and abroad by such entity. Specifications of the microelectronics manufactured or designed by such entity, descriptions of the end-uses of such microelectronics, and a description of any technical support provided to end-users of such microelectronics by such entity. Information on domestic and export market sales by such entity. Information on the financial performance, including income and expenditures, of such entity. A list of all foreign and domestic subsidies, and any other financial incentives, received by such entity in each market in which such entity operates. A list of information requests from the People’s Republic of China to such entity, and a description of the nature of each request and the type of information provided. Information on any joint ventures, technology licensing agreements, and cooperative research or production arrangements of such entity. A description of efforts by such entity to evaluate and control supply chain risks it faces. A list and description of any sales, licensing agreements, or partnerships between such entity and the People’s Liberation Army or People’s Armed Police, including any business relationships with entities through which such sales, licensing agreements, or partnerships may occur. The Secretary of Commerce shall, in consultation with the Secretary of Defense, the Secretary of Homeland Security, and the heads of other appropriate Federal departments and agencies, submit to Congress a report on the results of the review required by subsection (a). The report shall include the following: An assessment of the results of the survey. A list of critical technology areas impacted by potential disruptions in production of microelectronics, and a detailed description and assessment of the impact of such potential disruptions on such areas. A description and assessment of gaps and vulnerabilities in the microelectronics supply chain and the national industrial supply base. The report required by paragraph
(1)may be submitted in classified form.
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Sec. 1096
Department of Commerce study on status of microelectronics technologies in the United States industrial base
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