Sec. 153. Semiconductor incentive grants
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In this section: The term appropriate committees of Congress means— the Select Committee on Intelligence, the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Appropriations, the Committee on Energy and Natural Resources, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Homeland Security and Governmental Affairs of the Senate; and the Permanent Select Committee on Intelligence, the Committee on Energy and Commerce, the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Science, Space, and Technology, the Committee on Appropriations, the Committee on Financial Services, and the Committee on Homeland Security of the House of Representatives.
The term covered entity means a private entity, a consortium of private entities, or a consortium of public and private entities with a demonstrated ability to construct, expand, or modernize a facility relating to the fabrication, assembly, testing, advanced packaging, or advanced research and development of semiconductors. The term covered incentive — means an incentive offered by a governmental entity to a covered entity for the purposes of constructing within the jurisdiction of the governmental entity, or expanding or modernizing an existing facility within that jurisdiction, a facility described in paragraph (2); and includes any tax incentive (such as an incentive or reduction with respect to employment or payroll taxes or a tax abatement with respect to personal or real property), a workforce-related incentive (including a grant agreement relating to workforce training or vocational education), any concession with respect to real property, funding for research and development with respect to semiconductors, and any other incentive determined appropriate by the Secretary, in consultation with the Secretary of State.
The term foreign adversary means any foreign government or foreign nongovernment person that is engaged in a long-term pattern, or is involved in a serious instance, of conduct that is significantly adverse to— the national security of the United States or an ally of the United States; or the security and safety of United States persons. The term governmental entity means a State or local government. The term Secretary means the Secretary of Commerce. The term semiconductor has the meaning given the term by the Secretary.
The Secretary shall establish in the Department of Commerce a program that, in accordance with the requirements of this section, awards grants to covered entities. A covered entity seeking a grant under paragraph
(1)shall submit to the Secretary an application therefor that describes the project for which the covered entity is seeking the grant. In order for a covered entity to qualify for a grant under paragraph (1), the covered entity shall demonstrate to the Secretary, in the application submitted by the covered entity under subparagraph (A), that— the covered entity has a documented interest in constructing, expanding, or modernizing a facility described in subsection (a)(2); with respect to the project described in clause (i), the covered entity has— been offered a covered incentive; made commitments to worker and community investment, including through— training and education benefits paid by the covered entity; and programs to expand employment opportunity for economically disadvantaged individuals; and secured commitments from regional educational and training entities and institutions of higher education to provide workforce training, including programming for training and job placement of economically disadvantaged individuals; and the covered entity demonstrates that it is responsive to the national security needs or requirements established by the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )), an element of the intelligence community, or the Department of Defense. With respect to the review by the Secretary of an application submitted by a covered entity under subparagraph (A)— the Secretary may not approve the application unless the Secretary— confirms that the covered entity has satisfied the eligibility criteria under subparagraph (B); and determines that the project to which the application relates is in the interest of the United States; and the Secretary may consider whether— the covered entity has previously received a grant made under this subsection; and the governmental entity offering the applicable covered incentive has benefitted from a grant previously made under this subsection. The amount of a grant awarded by the Secretary to a covered entity under paragraph
(1)shall be in an amount that is not more than $3,000,000,000. A covered entity that receives a grant under paragraph
(1)may only use the amount of the grant— to finance the construction, expansion, or modernization of a state-of-the-art semiconductor facility described in subsection (a)(2), as documented in the application submitted by the covered entity under paragraph (2)(A), or for similar uses in state of practice and legacy facilities, as determined necessary by the Secretary for purposes relating to the national security and economic competitiveness of the United States; to support workforce development for the facility described in subparagraph (A); or to support site development for the facility described in subparagraph (A). The Secretary shall recover the full amount of a grant provided to a covered entity under this subsection if— as of the date that is 5 years after the date on which the Secretary awards the grant, the project to which the grant relates has not been completed, except that the Secretary may issue a waiver with respect to the requirement under this subparagraph if the Secretary determines that issuing such a waiver is appropriate and in the interests of the United States; or during the applicable term with respect to the grant, the covered entity engages in any joint research or technology licensing effort— with the Government of China, the Government of the Russian Federation, the Government of Iran, the Government of North Korea, or another foreign adversary; and that relates to a technology or product that raises national security concerns, as determined by the Secretary. In carrying out the program established under subsection (b)(1), the Secretary shall consult and coordinate with the Secretary of State, the Secretary of Defense, and the Director of National Intelligence. The Comptroller General of the United States shall— not later than 2 years after the date of the enactment of this Act, and biennially thereafter until the date that is 10 years after that date of the enactment of this Act, conduct a review of the program established under subsection (b)(1), which shall include, at a minimum— a determination of the number of instances in which grants were provided under that subsection during the period covered by the review in violation of a requirement of this section; an evaluation of how— the program is being carried out, including how recipients of grants are being selected under the program; and other Federal programs are leveraged for manufacturing, research, and training to complement the grants awarded under the program; and a description of the outcomes of projects supported by grants made under the program, including a description of— facilities described in subsection (a)(2) that were constructed, expanded, or modernized as a result of grants made under the program; research and development carried out with grants made under the program; and workforce training programs carried out with grants made under the program, including efforts to hire individuals from disadvantaged populations; and submit to the appropriate committees of Congress the results of each review conducted under paragraph (1). There is authorized to be appropriated to the Secretary to carry out this section $15,000,000,000 for fiscal year 2021, which shall remain available until September 30, 2031.
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Sec. 153
Semiconductor incentive grants
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