[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8959 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 8959
To amend the Internal Revenue Code of 1986 to clarify the application
of the advanced manufacturing investment credit with respect to
semiconductor manufacturing facilities located in outer space.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 21, 2026
Mr. Buchanan (for himself, Ms. Sewell, and Ms. DelBene) introduced the
following bill; which was referred to the Committee on Ways and Means
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A BILL
To amend the Internal Revenue Code of 1986 to clarify the application
of the advanced manufacturing investment credit with respect to
semiconductor manufacturing facilities located in outer space.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Semiconductor Superiority Act''.
SEC. 2. CLARIFYING APPLICATION OF ADVANCED MANUFACTURING INVESTMENT
CREDIT FOR SEMICONDUCTOR MANUFACTURING FACILITIES LOCATED
IN OUTER SPACE.
(a) In General.--Section 48D(b) of the Internal Revenue Code of
1986 is amended by adding at the end the following new paragraph:
``(6) Application to facilities located in outer space.--
``(A) In general.--In the case of an advanced
manufacturing facility which is located in outer
space--
``(i) for purposes of paragraph (1),
qualified property shall not fail to be treated
as part of such facility solely because such
qualified property is--
``(I) used to transport crew,
goods, equipment, material, or supplies
in outer space to and from such
facility, or
``(II) not located in outer space,
and
``(ii) for purposes of paragraph (2)--
``(I) property shall not fail to be
treated as qualified property solely
because such property is located in
outer space,
``(II) with respect to subparagraph
(A)(iv), property shall not fail to be
treated as integral to the operation of
such facility solely because such
property is--
``(aa) used in the manner
described in clause (i)(I), or
``(bb) not located in outer
space, and
``(III) with respect to
subparagraph (B)(ii), functions related
to manufacturing shall include--
``(aa) flight control
operations,
``(bb) crew habitation in
outer space,
``(cc) repair of the
facility, and
``(dd) transportation of
crew, goods, equipment,
material, or supplies to and
from the facility.
``(B) Outer space.--For purposes of this paragraph,
the term `outer space' shall include low-Earth orbit.
``(C) Exclusion.--For purposes of this subsection,
the term `qualified property' shall not include a
rocket or similar launch vehicle constructed for the
purpose of propelling a payload from Earth into outer
space.''.
(b) Other Special Rules.--Section 50(b) of the Internal Revenue
Code of 1986 is amended--
(1) in paragraph (1)(B), by inserting ``or any qualified
property which is part of an advanced manufacturing facility
located in outer space (as such terms are defined under section
48D(b)) and held by a United States person if such property was
launched from within the United States'' after ``section
168(g)(4)'', and
(2) in paragraph (2)--
(A) in subparagraph (C), by striking ``and'' at the
end,
(B) in subparagraph (D), by striking the period at
the end and inserting ``; and'', and
(C) by adding at the end the following new
subparagraph:
``(E) any qualified property which is part of an
advanced manufacturing facility located in outer space
(as such terms are defined under section 48D(b)).''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of enactment of this
Act.
(d) Rule of Construction.--Nothing in this Act, or the amendments
made by this Act, shall be construed to create any inference with
respect to the allowance or determination of the advanced manufacturing
investment credit under section 48D of the Internal Revenue Code of
1986 with respect to an advanced manufacturing facility located in
outer space on or before the date of the enactment of this Act.
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