Sec. 103. SEMICONDUCTOR INCENTIVES

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## SEC. 103 SEMICONDUCTOR INCENTIVES ###

(a)Definitions Section 9901 of the William M.

(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651) is amended— ####

(1)in paragraph (2)— #####

(A)by striking “a private entity, a consortium of private entities, or a consortium of public and private entities” and inserting “a nonprofit entity, a private entity, a consortium of private entities, or a consortium of nonprofit, public, and private entities”; #####

(B)by inserting “production,” before “or research and development”; and #####

(C)by striking “of semiconductors.” and inserting “of semiconductors, materials used to manufacture semiconductors, or semiconductor manufacturing equipment.”; ####

(2)by redesignating paragraphs (5), (6), (7), (8), and

(9)as paragraphs (6), (8), (9), (12), and (13), respectively; ####

(3)by inserting after paragraph (4), the following: > > #### “(5) > > The term ‘critical manufacturing industry’— > > > ##### “(A) > > means an industry, industry group, or a set of related industries or related industry groups— > > > ###### “(i) > > assigned a North American Industry Classification System code beginning with 31, 32, or 33; and > > > ###### “(ii) > > for which the applicable industry group or groups in the North American Industry Classification System code cumulatively— > > > ###### “(I) > > 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 > > > ###### “(II) > > 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 > > > ##### “(B) > > 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.” > ; and ####

(4)by inserting after paragraph (6), as so redesignated, the following: > > #### “(7) > > The term ‘foreign country of concern’ means— > > > ##### “(A) > > a country that is a covered nation (as defined in section 4872(d) of title 10 United States Code); and > > > ##### “(B) > > any country that the Secretary, in consultation with the Secretary of Defense, the Secretary of State, and the Director of National Intelligence, determines to be engaged in conduct that is detrimental to the national security or foreign policy of the United States.” > ; and ####

(5)by inserting after paragraph (9), as so redesignated, the following: > > #### “(10) > > The term ‘mature technology node’ has the meaning given the term by the Secretary. > > > #### “(11) > > The term ‘nonprofit entity’ means an entity described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code.” > . ###

(b)Semiconductor Program Section 9902 of the William M.

(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4652) is amended— ####

(1)in subsection (a)(1)— #####

(A)by striking “for semiconductor fabrication” and inserting “for the fabrication”; #####

(B)by inserting “production,” before “or research and development”; and #####

(C)by striking the period at the end and inserting “of semiconductors, materials used to manufacture semiconductors, or semiconductor manufacturing equipment.”; and ####

(2)in subsection (a)(2)— #####

(A)in subparagraph (B)(i), by striking “; and” at the end; #####

(B)in subparagraph (B)(ii)— ######

(i)in subclause (III), by striking “and” at the end; ######

(ii)in subclause (IV), by striking the period at the end and inserting a semicolon; and ######

(iii)by adding at the end the following: > > ###### “(V) > > determined— > > > ###### “(aa) > > the type of semiconductor technology, equipment, materials, or research and development the covered entity will produce at the facility described in clause (i); and > > > ###### “(bb) > > the customers, or categories of customers, to which the covered entity plans to sell the semiconductor technology, equipment, materials, or research and development described in item (aa); and > > > ###### “(VI) > > documented, to the extent practicable, workforce needs and developed a strategy to meet such workforce needs consistent with the commitments described in subclauses

(II)and (III);” > ; and #####

(C)by inserting after subparagraph (B)(ii) the following— > > ###### “(iii) > > with respect to the project described in clause (i), the covered entity has an executable plan to identify and mitigate relevant semiconductor supply chain security risks, such as risks associated with access, availability, confidentiality, integrity, and a lack of geographic diversification in the covered entity’s supply chain; and > > > ###### “(iv) > > with respect to any project for the production, assembly, or packaging of semiconductors, the covered entity has implemented policies and procedures to combat cloning, counterfeiting, and relabeling of semiconductors, as applicable.” > ; #####

(D)in subparagraph (C)— ######

(i)in clause (i)— ######

(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 ######

(II)in subclause (III), by striking “and” at the end; ######

(ii)in clause (ii)(IV), by striking “and” at the end; ######

(iii)by redesignating clause

(iii)as clause (v); and ######

(iv)by inserting after clause

(ii)the following: > > ###### “(iii) > > 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; > > > ###### “(iv) > > the Secretary may not approve an application, unless the covered entity provides a plan that does not use Federal financial assistance to assist efforts to physically relocate existing facility infrastructure to another jurisdiction within the United States, unless the project is in the interest of the United States; and” > ; #####

(E)by redesignating subparagraph

(D)as subparagraph (E); and #####

(F)by inserting after subparagraph

(C)the following: > > ##### “(D) Priority > > In awarding Federal financial assistance to covered entities under this subsection, the Secretary shall— > > > ###### “(i) > > give priority to ensuring that a covered entity receiving financial assistance will— > > > ###### “(I) > > manufacture semiconductors necessary to address gaps and vulnerabilities in the domestic supply chain across a diverse range of technology and process nodes; and > > > ###### “(II) > > 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 > > > ###### “(ii) > > ensure that the assistance is awarded to covered entities for both advanced and mature technology nodes to meet the priorities described in clause (i).” > ; ####

(3)in subsection (a)(4)(A), by striking “used for semiconductors” and inserting “used for the purposes”; ####

(4)in subsection (a)(5)— #####

(A)in subparagraph (A), by striking “major”; #####

(B)in subparagraph (D), by striking “major”; and #####

(C)in subparagraph (E)(i), by striking “major”; ####

(5)by inserting after subsection (a)(5) the following: > > #### “(6) Expansion clawback > > > ##### “(A) Definition of legacy semiconductor > > > ###### “(i) In general > > In this paragraph, the term ‘legacy semiconductor’— > > > ###### “(I) > > includes— > > > ###### “(aa) > > a semiconductor technology that is of the 28 nanometer generation or older for logic; > > > ###### “(bb) > > with respect to memory technology, analog technology, packaging technology, and any other relevant technology, any legacy generation of semiconductor technology relative to the generation described in item (aa), as determined by the Secretary, in consultation with the Secretary of Defense and the Director of National Intelligence; and > > > ###### “(cc) > > any additional semiconductor technology identified by the Secretary in a public notice issued under clause (ii); and > > > ###### “(II) > > does not include a semiconductor that is critical to national security, as determined by the Secretary, in consultation with the Secretary of Defense and the Director of National Intelligence. > > > ###### “(ii) Updates > > Not later than 2 years after the date of enactment of the CHIPS Act of 2022, and not less frequently than once every 2 years thereafter for the 8-year period after the last award under this section is made, the Secretary, after public notice and an opportunity for comment and if applicable and necessary, shall issue a public notice identifying any additional semiconductor technology included in the meaning of the term ‘legacy semiconductor’ under clause (i). > > > ###### “(iii) Functions of the secretary > > The functions of the Secretary under this paragraph shall not be subject to sections 551, 553 through 559, and 701 through 706 of title 5, United States Code. > > > ###### “(iv) Consultation > > In carrying out clause (ii), the Secretary shall consult with the Director of National Intelligence and the Secretary of Defense. > > > ###### “(v) Considerations > > In carrying out clause (ii), the Secretary shall consider— > > > ###### “(I) > > state-of-the-art semiconductor technologies in the United States and internationally, including in foreign countries of concern; and > > > ###### “(II) > > consistency with export controls relating to semiconductors. > > > ##### “(B) Definition of semiconductor manufacturing > > In this paragraph, the term ‘semiconductor manufacturing’— > > > ###### “(i) > > has the meaning given the term by the Secretary, in consultation with the Secretary of Defense and the Director of National Intelligence; and > > > ###### “(ii) > > includes front-end semiconductor fabrication. > > > ##### “(C) Required agreement > > > ###### “(i) In general > > On or before the date on which the Secretary awards Federal financial assistance to a covered entity under this section, the covered entity shall enter into an agreement with the Secretary specifying that, during the 10-year period beginning on the date of the award, subject to clause (ii), the covered entity may not engage in any significant transaction, as defined in the agreement, involving the material expansion of semiconductor manufacturing capacity in the People’s Republic of China or any other foreign country of concern. > > > ###### “(ii) Exceptions > > The prohibition in the agreement required under clause

(i)shall not apply to— > > > ###### “(I) > > existing facilities or equipment of a covered entity for manufacturing legacy semiconductors; or > > > ###### “(II) > > significant transactions involving the material expansion of semiconductor manufacturing capacity that— > > > ###### “(aa) > > produces legacy semiconductors; and > > > ###### “(bb) > > predominately serves the market of a foreign country of concern. > > > ###### “(iii) Affiliated group > > For the purpose of applying the requirements in an agreement required under clause (i), a covered entity shall include the covered entity receiving financial assistance under this section, as well as any member of the covered entity’s affiliated group under section 1504(a) of the Internal Revenue Code of 1986, without regard to section 1504(b)(3) of such Code. > > > ##### “(D) Notification requirements > > During the applicable term of the agreement of a covered entity required under subparagraph (C)(i), the covered entity shall notify the Secretary of any planned significant transactions of the covered entity involving the material expansion of semiconductor manufacturing capacity in the People’s Republic of China or any other foreign country of concern. > > > ##### “(E) Violation of agreement > > > ###### “(i) Notification to covered entities > > Not later than 90 days after the date of receipt of a notification described in subparagraph

(D)from a covered entity, the Secretary, in consultation with the Secretary of Defense and the Director of National Intelligence, shall— > > > ###### “(I) > > determine whether the significant transaction described in the notification would be a violation of the agreement of the covered entity required under subparagraph (C)(i); and > > > ###### “(II) > > notify the covered entity of the Secretary’s decision under subclause (I). > > > ###### “(ii) Opportunity to remedy > > Upon a notification under clause (i)(II) that a planned significant transaction of a covered entity is a violation of the agreement of the covered entity required under subparagraph (C)(i), the Secretary shall— > > > ###### “(I) > > immediately request from the covered entity tangible proof that the planned significant transaction has ceased or been abandoned; and > > > ###### “(II) > > provide the covered entity 45 days to produce and provide to the Secretary the tangible proof described in subclause (I). > > > ###### “(iii) Failure by the covered entity to cease or remedy the activity > > Subject to clause (iv), if a covered entity fails to remedy a violation as set forth under clause (ii), the Secretary shall recover the full amount of the Federal financial assistance provided to the covered entity under this section. > > > ###### “(iv) Mitigation > > If the Secretary, in consultation with the Secretary of Defense and the Director of National Intelligence, determines that a covered entity planning a significant transaction that would violate the agreement required under subparagraph (C)(i) could take measures in connection with the transaction to mitigate any risk to national security, the Secretary— > > > ###### “(I) > > may negotiate, enter into, and enforce any agreement or condition for the mitigation; and, > > > ###### “(II) > > waive the recovery requirement under clause (iii). > > > ##### “(F) Submission of records > > > ###### “(i) In general > > The Secretary may request from a covered entity records and other necessary information to review the compliance of the covered entity with the agreement required under subparagraph (C)(i). > > > ###### “(ii) Eligibility > > In order to be eligible for Federal financial assistance under this section, a covered entity shall agree to provide records and other necessary information requested by the Secretary under clause (i). > > > ##### “(G) Confidentiality of records > > > ###### “(i) In general > > Subject to clause (ii), any information derived from records or necessary information disclosed by a covered entity to the Secretary under this section— > > > ###### “(I) > > shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code; and > > > ###### “(II) > > shall not be made public. > > > ###### “(ii) Exceptions > > Clause

(i)shall not prevent the disclosure of any of the following by the Secretary: > > > ###### “(I) > > Information relevant to any administrative or judicial action or proceeding. > > > ###### “(II) > > Information that a covered entity has consented to be disclosed to third parties. > > > ###### “(III) > > Information necessary to fulfill the requirement of the congressional notification under subparagraph (H). > > > ##### “(H) Congressional notification > > Not later than 60 days after the date on which the Secretary finds a violation by a covered entity of an agreement required under subparagraph (C)(i), and after providing the covered entity with an opportunity to provide information in response to that finding, the Secretary shall provide to the appropriate Committees of Congress— > > > ###### “(i) > > a notification of the violation; > > > ###### “(ii) > > a brief description of how the Secretary determined the covered entity to be in violation; and > > > ###### “(iii) > > a summary of any actions or planned actions by the Secretary in response to the violation. > > > ##### “(I) Regulations > > The Secretary may issue regulations implementing this paragraph.” > ; and ####

(6)by adding at the end the following: > > ### “(d) Sense of Congress > > It is the sense of Congress that, in carrying out subsection (a), the Secretary should allocate funds in a manner that— > > > #### “(1) > > strengthens the security and resilience of the semiconductor supply chain, including by mitigating gaps and vulnerabilities; > > > #### “(2) > > provides a supply of secure semiconductors relevant for national security; > > > #### “(3) > > strengthens the leadership of the United States in semiconductor technology; > > > #### “(4) > > grows the economy of the United States and supports job creation in the United States; > > > #### “(5) > > bolsters the semiconductor and skilled technical workforces in the United States; > > > #### “(6) > > promotes the inclusion of economically disadvantaged individuals and small businesses; and > > > #### “(7) > > improves the resiliency of the semiconductor supply chains of critical manufacturing industries. > > > ### “(e) Additional Assistance for Mature Technology Nodes > > > #### “(1) In general > > 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 packaging of semiconductors at mature technology nodes. > > > #### “(2) Eligibility and requirements > > In order for an entity to qualify to receive Federal financial assistance under this subsection, the covered entity shall agree to— > > > ##### “(A) > > submit an application under subsection (a)(2)(A); > > > ##### “(B) > > meet the eligibility requirements under subsection (a)(2)(B); > > > ##### “(C) > > > ######

(i)> > provide equipment or materials for the fabrication, assembly, testing, or packaging of semiconductors at mature technology nodes in the United States; or > > > ###### “(ii) > > fabricate, assemble using packaging, or test semiconductors at mature technology nodes in the United States; > > > ##### “(D) > > commit to using any Federal financial assistance received under this section to increase the production of semiconductors at mature technology nodes; and > > > ##### “(E) > > be subject to the considerations described in subsection (a)(2)(C). > > > #### “(3) Procedures > > In granting Federal financial assistance to covered entities under this subsection, the Secretary may use the procedures established under subsection (a). > > > #### “(4) Considerations > > In addition to the considerations described in subsection (a)(2)(C), in granting Federal financial assistance under this subsection, the Secretary may consider whether a covered entity produces or supplies equipment or materials used in the fabrication, assembly, testing, or packaging of semiconductors at mature technology nodes that are necessary to support a critical manufacturing industry. > > > #### “(5) Priority > > 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. > > > #### “(6) Authorization of appropriations > > There are authorized to be appropriated to the Secretary to carry out this subsection $2,000,000,000, which shall remain available until expended. > > > ### “(f) Construction Projects > > 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. > > > ### “(g) Loans and Loan Guarantees > > > #### “(1) In general > > Subject to the requirements of subsection

(a)and this subsection, the Secretary may make or guarantee loans to covered entities as financial assistance under this section. > > > #### “(2) Conditions > > The Secretary may select eligible projects to receive loans or loan guarantees under this subsection if the Secretary determines that— > > > ##### “(A) > > the covered entity— > > > ###### “(i) > > has a reasonable prospect of repaying the principal and interest on the loan; and > > > ###### “(ii) > > has met such other criteria as may be established and published by the Secretary; and > > > ##### “(B) > > the amount of the loan (when combined with amounts available to the loan recipient from other sources) will be sufficient to carry out the project. > > > #### “(3) Reasonable prospect of repayment > > The Secretary shall base a determination of whether there is a reasonable prospect of repayment of the principal and interest on a loan under paragraph (2)(A)(i) on a comprehensive evaluation of whether the covered entity has a reasonable prospect of repaying the principal and interest, including, as applicable, an evaluation of— > > > ##### “(A) > > the strength of the contractual terms of the project the covered entity plans to perform (if commercially reasonably available); > > > ##### “(B) > > the forecast of noncontractual cash flows supported by market projections from reputable sources, as determined by the Secretary; > > > ##### “(C) > > cash sweeps and other structure enhancements; > > > ##### “(D) > > the projected financial strength of the covered entity— > > > ###### “(i) > > at the time of loan close; and > > > ###### “(ii) > > throughout the loan term after the project is completed; > > > ##### “(E) > > the financial strength of the investors and strategic partners of the covered entity, if applicable; > > > ##### “(F) > > other financial metrics and analyses that the private lending community and nationally recognized credit rating agencies rely on, as determined appropriate by the Secretary; and > > > ##### “(G) > > such other criteria the Secretary may determine relevant. > > > #### “(4) Rates, terms, and repayments of loans > > A loan provided under this subsection— > > > ##### “(A) > > shall have an interest rate that does not exceed a level that the Secretary determines appropriate, taking into account, as of the date on which the loan is made, the cost of funds to the Department of the Treasury for obligations of comparable maturity; and > > > ##### “(B) > > shall have a term of not more than 25 years. > > > #### “(5) Additional terms > > A loan or guarantee provided under this subsection may include any other terms and conditions that the Secretary determines to be appropriate. > > > #### “(6) Responsible lender > > No loan may be guaranteed under this subsection, unless the Secretary determines that— > > > ##### “(A) > > the lender is responsible; and > > > ##### “(B) > > adequate provision is made for servicing the loan on reasonable terms and protecting the financial interest of the United States. > > > #### “(7) Advanced budget authority > > New loans may not be obligated and new loan guarantees may not be committed to under this subsection, unless appropriations of budget authority to cover the costs of such loans and loan guarantees are made in advance in accordance with section 504(b) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661c(b)). > > > #### “(8) Continued oversight > > The loan agreement for a loan guaranteed under this subsection shall provide that no provision of the loan agreement may be amended of waived without the consent of the Secretary. > > > ### “(h) Oversight > > Not later than 4 years after disbursement of the first financial award under subsection (a), the Inspector General of the Department of Commerce shall audit the program under this section to assess— > > > #### “(1) > > whether the eligibility requirements for covered entities receiving financial assistance under the program are met; > > > #### “(2) > > whether eligible entities use the financial assistance received under the program in accordance with the requirements of this section; > > > #### “(3) > > whether the covered entities receiving financial assistance under this program have carried out the commitments made to worker and community investment under subsection (a)(2)(B)(ii)(II) by the target date for completion set by the Secretary under subsection (a)(5)(A); > > > #### “(4) > > whether the required agreement entered into by covered entities and the Secretary under subsection (a)(6)(C)(i), including the notification process, has been carried out to provide covered entities sufficient guidance about a violation of the required agreement; > > > #### “(5) > > whether the Secretary has provided timely Congressional notification about violations of the required agreement under subsection (a)(6)(C)(i), including the required information on how the Secretary reached a determination of whether a covered entity was in violation under subsection (a)(6)(E); and > > > #### “(6) > > whether the Secretary has sufficiently reviewed any covered entity engaging in a listed exception under subsection (a)(6)(C)(ii). > > > ### “(i) Prohibition on Use of Funds > > No funds made available under this section may be used to construct, modify, or improve a facility outside of the United States.” > . ###

(c)Advanced Microelectronics Research and Development Section 9906 of the William M.

(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4656) is amended— ####

(1)in subsection (a)(3)(A)(ii)— #####

(A)in subclause (II), by inserting “, including for technologies based on organic and inorganic materials” after “components”; and #####

(B)in subclause (V), by striking “and supply chain integrity” and inserting “supply chain integrity, and workforce development”; ####

(2)in subsection (c)— #####

(A)in paragraph (1)— ######

(i)by inserting “and grow the domestic semiconductor workforce” after “prototyping of advanced semiconductor technology”; and ######

(ii)by adding at the end the following: “The Secretary may make financial assistance awards, including construction awards, in support of the national semiconductor technology center.”; and #####

(B)in paragraph (2)— ######

(i)in subparagraph (B), by inserting “and capitalize” before “an investment fund”; and ######

(ii)by striking subparagraph

(C)and inserting the following: > > ##### “(C) > > To work with the Secretary of Labor, the Director of the National Science Foundation, the Secretary of Energy, the private sector, institutions of higher education, and workforce training entities to incentivize and expand geographically diverse participation in graduate, undergraduate, and community college programs relevant to microelectronics, including through— > > > ###### “(i) > > the development and dissemination of curricula and research training experiences; and > > > ###### “(ii) > > the development of workforce training programs and apprenticeships in advanced microelectronic design, research, fabrication, and packaging capabilities.” > ; ####

(3)in subsection (d)— #####

(A)by striking “the Manufacturing USA institute” and inserting “a Manufacturing USA institute”; and #####

(B)by adding at the end the following: “The Director may make financial assistance awards, including construction awards, in support of the National Advanced Packaging Manufacturing Program.”; ####

(4)in subsection (f)— #####

(A)in the matter preceding paragraph (1)— ######

(i)by striking “a Manufacturing USA Institute” and inserting “not more than 3 Manufacturing USA Institutes”; ######

(ii)by striking “is focused on semiconductor manufacturing.” and inserting “are focused on semiconductor manufacturing. The Secretary of Commerce may award financial assistance to any Manufacturing USA Institute for work relating to semiconductor manufacturing.”; and ######

(iii)by striking “Such institute may emphasize” and inserting “Such institutes may emphasize”; and ####

(5)by adding at the end the following: > > ### “(h) Construction Projects > > 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 under this section.” > . ###

(d)Additional Authorities Division H of title XCIX of the William M.

(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651 et seq.) is amended by adding at the end the following: > > ## “SEC. 9909 ADDITIONAL AUTHORITIES > > **[**[15 U.S.C. 4659](/us/usc/t15/s4659)**]** > > > ### “(a) In General > > In carrying out the responsibilities of the Department of Commerce under this division, the Secretary may— > > > #### “(1) > > enter into agreements, including contracts, grants and cooperative agreements, and other transactions as may be necessary and on such terms as the Secretary considers appropriate; > > > #### “(2) > > make advance payments under agreements and other transactions authorized under paragraph

(1)without regard to section 3324 of title 31, United States Code; > > > #### “(3) > > require a person or other entity to make payments to the Department of Commerce upon application and as a condition for receiving support through an award of assistance or other transaction; > > > #### “(4) > > procure temporary and intermittent services of experts and consultants in accordance with section 3109 of title 5, United States Code; > > > #### “(5) > > notwithstanding section 3104 of title 5, United States Code, or the provisions of any other law relating to the appointment, number, classification, or compensation of employees, make appointments of scientific, engineering, and professional personnel, and fix the basic pay of such personnel at a rate to be determined by the Secretary at rates not in excess of the highest total annual compensation payable at the rate determined under section 104 of title 3, United States Code, except that the Secretary shall appoint not more than 25 personnel under this paragraph; > > > #### “(6) > > with the consent of another Federal agency, enter into an agreement with that Federal agency to use, with or without reimbursement, any service, equipment, personnel, or facility of that Federal agency; and > > > #### “(7) > > establish such rules, regulations, and procedures as the Secretary considers appropriate. > > > ### “(b) Requirement > > Any funds received from a payment made by a person or entity pursuant to subsection (a)(3) shall be credited to and merged with the account from which support to the person or entity was made” > . ###

(e)Conforming Amendment The table of contents for division H of title XCIX of the William M.

(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) is amended by adding after the item relating to section 9908 the following:" “9909. Additional authorities.” ".

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