Sec. 2506. Semiconductor incentives
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Section 9901 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— by redesignating paragraphs (4), (5), (6), (7), (8), and
(9)as paragraphs (5), (6), (7), (8), (10), and (11), respectively; by inserting after paragraph
(3)the following: The term critical manufacturing industry — means an industry— that is assigned a North American Industry Classification System code beginning with 31, 32, or 33; and for which the industry components that are assigned a North American Industry Classification System code beginning with the same 4 digits as the industry— manufacture primary products and parts, the sum of which account for not less than 5 percent of the manufacturing value added by industry gross domestic product of the United States; and employ individuals for primary products and parts manufacturing activities that, combined, account for not less than 5 percent of manufacturing employment in the United States; and may include any other manufacturing industry designated by the Secretary based on the relevance of the manufacturing industry to the national and economic security of the United States, including the impacts of job losses. ; by inserting after paragraph (8), as so redesignated, the following: The term mature technology node has the meaning given the term by the Secretary. . Section 9902 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— in subsection (a)(2)— in subparagraph (B)(ii)— in subclause (III), by striking and at the end; in subclause (IV), by striking the period at the end and inserting and ; and by adding at the end the following: determined— the type of semiconductor technology the covered entity will produce at the facility described in clause (i); and the customers to which the covered entity plans to sell the semiconductor technology described in item (aa). ; in subparagraph (C)— in clause (i)— in subclause (II), by striking is in the interest of the United States and inserting is in the economic and national security interests of the United States ; and in subclause (III), by striking and at the end; in clause (ii)(IV), by striking and at the end; by redesignating clause
(iii)as clause (iv); and by inserting after clause
(ii)the following: the Secretary shall consider the type of semiconductor technology produced by the covered entity and whether that semiconductor technology advances the economic and national security interests of the United States; and ; by redesignating subparagraph
(D)as subparagraph (E); and by inserting after subparagraph
(C)the following: In awarding Federal financial assistance to covered entities under subsection (a), the Secretary shall give priority to ensuring that a covered entity receiving financial assistance will— manufacture semiconductors necessary to address gaps and vulnerabilities in the domestic supply chain across a diverse range of technology and process nodes; and provide a secure supply of semiconductors necessary for the national security, manufacturing, critical infrastructure, and technology leadership of the United States and other essential elements of the economy of the United States. ; and by adding at the end the following: It is the sense of Congress that, in carrying out subsection (a), the Secretary should allocate funds in a manner that— strengthens the security and resilience of the semiconductor supply chain, including by mitigating gaps and vulnerabilities; provides a supply of secure semiconductors relevant for national security; strengthens the leadership of the United States in semiconductor technology; grows the economy of the United States and supports job creation in the United States; and improves the resiliency of the semiconductor supply chains of critical manufacturing industries. The Secretary shall establish within the program established under subsection
(a)an additional program that provides Federal financial assistance to covered entities to incentivize investment in facilities and equipment in the United States for the fabrication, assembly, testing, or advanced packaging of semiconductors at mature technology nodes. In order for an entity to qualify to receive Federal financial assistance under this subsection, the covered entity shall— submit an application under subsection (a)(2)(A); meet the eligibility requirements under subsection (a)(2)(B); provide equipment or materials for the fabrication, assembly, testing, or advanced packaging of semiconductors at mature technology nodes in the United States; or fabricate, assemble using advanced packaging, or test semiconductors at mature technology nodes in the United States; commit to using any Federal financial assistance received under this section to increase the production of semiconductors at mature technology nodes; and be subject to the considerations described in subsection (a)(2)(C). In granting Federal financial assistance to covered entities under this subsection, the Secretary may use the procedures established under subsection (a). In addition to the considerations described in subsection (a)(2)(C), in granting Federal financial assistance under this section, the Secretary may consider whether a covered entity produces or supplies equipment or materials used in the fabrication, assembly, testing, or advanced packaging of semiconductors at mature technology nodes that are necessary to support a critical manufacturing industry. In awarding Federal financial assistance to covered entities under this subsection, the Secretary shall give priority to covered entities that support the resiliency of semiconductor supply chains for critical manufacturing industries in the United States. There are authorized to be appropriated to the Secretary to carry out this subsection $2,000,000,000, which shall remain available until expended. Section 602 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3212 ) shall apply to a construction project that receives financial assistance from the Secretary under this section. . Section 9906 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended by adding at the end the following: Section 602 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3212 ) shall apply to a construction project that receives financial assistance from the Secretary under this section. .
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