118 S5002 IS: The Chip Equipment Quality, Usefulness, and Integrity Protection Act of 2024 U.S. Senate 2024-09-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS2d SessionS. 5002IN THE SENATE OF THE UNITED STATESSeptember 10, 2024Mr. Kelly (for himself and Mrs. Blackburn) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo prohibit covered entities that receive financial assistance relating to semiconductors from purchasing certain semiconductor manufacturing equipment from foreign entities of concern or subsidiaries of foreign entities of concern, and for other purposes.

1.

Short title

This Act may be cited as the The Chip Equipment Quality, Usefulness, and Integrity Protection Act of 2024 or the Chip EQUIP Act.

2.

Purchases of semiconductor manufacturing equipment

(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 by adding at the end the following:(14)The term completed, fully assembled means the state in which all (or substantially all) necessary parts, chambers, subsystems, and subcomponents have been put together, resulting in a ready-to-use or ready-to-install item to be directly purchased from an entity.(15)The term ineligible equipment—(A)means completed, fully assembled semiconductor manufacturing equipment that is manufactured or assembled by a foreign entity of concern or subsidiary of a foreign entity of concern and used in the fabrication, assembly, testing, advanced packaging, production, or research and development of semiconductors; (B)includes—(i)deposition equipment; (ii)etching equipment; (iii)lithography equipment; (iv)inspection and measuring equipment; (v)wafer slicing equipment; (vi)wafer dicing equipment; (vii)wire bonders; (viii)ion implantation equipment; (ix)chemical mechanical polishing; and (x)diffusion or oxidation furnaces; and(C)does not include any part, chamber, subsystem, or subcomponent that enables or is incorporated into such equipment..(b)

Ineligible use of funds

Section 9902 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4652) is amended by adding at the end the following:(j)

Ineligible use of funds

(1)

In general

Subject to paragraph (2), the Secretary shall include in the terms of each agreement with a covered entity for the award of Federal financial assistance under this section prohibitions with respect to a project relating to the procurement, installation, or use of ineligible equipment, to be effective for the duration of the agreement. (2)

Waiver

The Secretary may waive the prohibitions described in paragraph (1) if— (A)the ineligible equipment to be purchased by the applicable covered entity is not produced in the United States or an allied or partner country in sufficient and reasonably available quantities or of a satisfactory quality to support established or expected production capabilities; or(B)(i)the use of the ineligible equipment complies with the requirements set forth in the Export Administration Regulations, as defined in section 1742 of the Export Control Reform Act of 2018 (50 U.S.C. 4801); and(ii)the Secretary, in consultation with the Director of National Intelligence or the Secretary of Defense, determines the waiver is in the national security interest of the United States.(3)

Foreign entities of concern

Nothing in this subsection shall be construed to waive the application of section 9907..