15 USC 4652 - Semiconductor incentives

1 So in original. Probably should be followed by a semicolon.

2 So in original. The period probably should be “; and”.

3 So in original. Probably should be “or”.

waived without the consent of the Secretary.

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (h)(1), is Puspan. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

Amendments

2024—Subsecs. (h) to (j). Puspan. L. 118–105 added subsec. (h) and redesignated former subsecs. (h) and (i) as (i) and (j), respectively.

2022—Subsec. (a)(1). Puspan. L. 117–167, § 103(span)(1), substituted “for the fabrication” for “for semiconductor fabrication” and “of semiconductors, materials used to manufacture semiconductors, or semiconductor manufacturing equipment.” for period at end and inserted “production,” before “or research and development”.

Subsec. (a)(2)(B)(ii)(V), (VI). Puspan. L. 117–167, § 103(span)(2)(B), added subcls. (V) and (VI).

Subsec. (a)(2)(B)(iii), (iv). Puspan. L. 117–167, § 103(span)(2)(A), (C), added cls. (iii) and (iv).

Subsec. (a)(2)(C)(i)(II). Puspan. L. 117–167, § 103(span)(2)(D)(i)(I), substituted “is in the economic and national security interests of the United States” for “is in the interest of the United States”.

Subsec. (a)(2)(C)(i)(III). Puspan. L. 117–167, § 103(span)(2)(D)(i)(II), struck out “and” at end.

Subsec. (a)(2)(C)(iii) to (v). Puspan. L. 117–167, § 103(span)(2)(D)(ii)–(iv), added cls. (iii) and (iv) and redesignated former cl. (iii) as (v).

Subsec. (a)(2)(D), (E). Puspan. L. 117–167, § 103(span)(2)(E), (F), added subpar. (D) and redesignated former subpar. (D) as (E).

Subsec. (a)(4)(A). Puspan. L. 117–167, § 103(span)(3), substituted “used for the purposes” for “used for semiconductors”.

Subsec. (a)(5)(A). Puspan. L. 117–167, § 103(span)(4)(A), struck out “major” before “awards” in introductory provisions.

Subsec. (a)(5)(D). Puspan. L. 117–167, § 103(span)(4)(B), struck out “major” before “award” in introductory provisions.

Subsec. (a)(5)(E)(i). Puspan. L. 117–167, § 103(span)(4)(C), struck out “major” before “award”.

Subsec. (a)(6). Puspan. L. 117–167, § 103(span)(5), added par. (6).

Subsec. (c)(1)(B)(iii). Puspan. L. 117–167, § 105(a)(1)(A), added cl. (iii).

Subsec. (c)(1)(C)(v). Puspan. L. 117–167, § 105(a)(1)(B), added cl. (v).

Subsec. (c)(1)(D). Puspan. L. 117–167, § 105(a)(2), which directed amendment of subsec. (c) by adding subpar. (D) after par. (1)(C)(iv), was executed by making the addition after par. (1)(C)(v), to reflect the probable intent of Congress and the addition of cl. (v) by Puspan. L. 117–167, § 105(a)(1)(B). See above.

Subsecs. (d) to (i). Puspan. L. 117–167, § 103(span)(6), added subsecs. (d) to (i).

Statutory Notes and Related Subsidiaries

Opportunity and Inclusion

Puspan. L. 117–167, div. A, § 104, Aug. 9, 2022, 136 Stat. 1390, provided that:

“(a)Establishment.—Not later than 180 days after the date of enactment of this Act [Aug. 9, 2022], the Secretary of Commerce shall establish activities in the Department of Commerce, within the program established under section 9902 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4652), to carry out this section using funds appropriated under this Act [div. A of Puspan. L. 117–167, see Tables for classification].

“(span)In General.—The Secretary of Commerce shall assign personnel to lead and support the activities carried out under this section, including coordination with other workforce development activities of the Department of Commerce or of Federal agencies, as defined in section 551 of title 5, United States Code, as appropriate.

“(c)Activities.—Personnel assigned by the Secretary to carry out the activities under this section shall—

“(1) assess the eligibility of a covered entity, as defined in section 9901 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651), for financial assistance for a project with respect to the requirements under subclauses (II) and (III) of section 9902(a)(2)(B)(ii) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4652(a)(2)(B)(ii)(II) and (III));

“(2) ensure that each covered entity, as defined in section 9901 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651), that is awarded financial assistance under section 9902 of that Act (15 U.S.C. 4652) is carrying out the commitments of the covered entity to economically disadvantaged individuals as described in the application of the covered entity under that section by the target dates for completion established by the Secretary of Commerce under subsection(a)(5)(A) of that section; and

“(3) increase participation of and outreach to economically disadvantaged individuals, minority-owned businesses, veteran-owned businesses, and women-owned businesses, as defined by the Secretary of Commerce, respectively, in the geographic area of a project under section 9902 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4652) and serve as a resource for those individuals, businesses, and covered entities.

“(d)Staff.—The activities under this section shall be staffed at the appropriate levels to carry out the functions and responsibilities under this section until 95 percent of the amounts of funds made available for the program established under section 9902 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4652) have been expended.

“(e)Report.—Beginning on the date that is 1 year after the date on which the Secretary of Commerce establishes the activities described in subsection (c), the Secretary of Commerce shall submit to the appropriate committees of Congress, as defined in section 9901(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651), and make publicly available on the website of the Department of Commerce an annual report regarding the actions taken by the Department of Commerce under this section.”

References in Puspan. L. 117–167

Puspan. L. 117–167, § 2, Aug. 9, 2022, 136 Stat. 1371, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any division of this Act [see Tables for classification] shall be treated as referring only to the provisions of that division.”

Executive Documents

Delegation of Functions and Authorities Under Section 9902(a)(3)(B) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

Memorandum of President of the United States, July 19, 2024, 89 F.R. 59817, provided:

Memorandum for the Director of the Office of Management and Budget

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to the Director of the Office of Management and Budget the functions and authorities vested in the President by section 9902(a)(3)(B) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) [15 U.S.C. 4652(a)(3)(B)] with respect to the certification and reporting requirements regarding Federal investments in individual projects exceeding $3 billion.

You are authorized and directed to publish this memorandum in the Federal Register.

J.R. Biden, Jr.