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CHIPS Act

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CHIPS Act
CHIPS Act
U.S. Government · Public domain · source
NameCHIPS Act
Long titleCreating Helpful Incentives to Produce Semiconductors for America Act
Enacted by117th United States Congress
Enacted2022
Public lawPublic Law 117-167
Introduced inUnited States House of Representatives
Signed byJoe Biden

CHIPS Act The CHIPS Act is a United States statute that provides federal financial incentives to bolster domestic semiconductor manufacturing, research, and workforce development. It was enacted amid global supply chain disruptions and strategic competition involving People's Republic of China, Taiwan, South Korea, Japan, European Union, and led to coordinated policy responses from actors such as Biden administration, United States Department of Commerce, Congressional Research Service, and industry groups including the Semiconductor Industry Association.

Background and legislative history

The measure originated in bipartisan initiatives in the 111th United States Congress through the 116th United States Congress and culminated in legislation drafted during negotiations among committees led by the United States Senate Committee on Appropriations, United States House Committee on Energy and Commerce, and advisors from the Office of Management and Budget, National Security Council, Council on Foreign Relations, and the Brookings Institution. Debates referenced historical precedents like the Defense Production Act, the postwar Marshall Plan, and industrial policy models observed in South Korea and Taiwan Semiconductor Manufacturing Company. Key proponents included lawmakers such as Chuck Schumer, Mitch McConnell, Kevin McCarthy, Steny Hoyer, and executive branch advocates including Gina Raimondo and Katherine Tai, while opponents cited positions advanced by Heritage Foundation, Cato Institute, and industry critics at Intel Corporation, NVIDIA, Advanced Micro Devices, and TSMC during hearings in the United States Senate and United States House of Representatives.

Provisions and funding

The statute authorizes direct subsidies, tax credits, and grant programs administered through the United States Department of Commerce and the newly empowered CHIPS for America Fund to support fabrication plants, research hubs, and workforce training in alignment with priorities set by the National Science Foundation, Department of Defense, National Institute of Standards and Technology, and federally funded research centers such as Sandia National Laboratories and Lawrence Livermore National Laboratory. Funding flows include incentives for capital expenditure akin to instruments used in Inflation Reduction Act negotiations, procurement preferences similar to Buy American Act provisions, and collaboration mechanisms with entities like University of California, Massachusetts Institute of Technology, Stanford University, and Georgia Institute of Technology. The law sets criteria addressing eligibility for companies including Intel Corporation, GlobalFoundries, Micron Technology, Samsung Electronics, and conditionality related to foreign investment reviews by the Committee on Foreign Investment in the United States.

Implementation and administration

Implementation tasks were assigned to the United States Department of Commerce whose bureaus such as the Bureau of Industry and Security and the Economic Development Administration coordinate grant competitions, technical assistance, and award monitoring. Regulatory oversight involves interagency coordination with the Department of Defense, Department of Energy, National Telecommunications and Information Administration, and export control collaborations with Bureau of Industry and Security and allies like Australia, Japan, and the European Union. Recipients undergo due diligence tied to Committee on Foreign Investment in the United States protocols, and program evaluation uses metrics familiar to Government Accountability Office audits and reporting to Congressional Budget Office.

Industry impact and economic effects

The statute has catalyzed major capital investment commitments from firms such as Intel Corporation, TSMC, Samsung Electronics, GlobalFoundries, and Micron Technology for fabs in states including Arizona, New York (state), Texas, Ohio, and Florida. Economists at institutions like the National Bureau of Economic Research, Brookings Institution, and Peterson Institute for International Economics analyze multiplier effects on regional supply chains involving firms such as Applied Materials, Lam Research, KLA Corporation, and workforce pipelines linked to universities like Purdue University and University of Texas at Austin. Analyses cite potential impacts on gross domestic product estimates from the Bureau of Economic Analysis and labor statistics from the Bureau of Labor Statistics while comparing outcomes to industrial policy cases in South Korea and Taiwan.

National security and technology policy implications

Policymakers framed the statute as addressing vulnerabilities exposed by events involving the COVID-19 pandemic, supply disruptions tied to the 2021–2022 global semiconductor shortage, and strategic dependencies related to People's Republic of China semiconductor ambitions and export controls administered with partners such as Netherlands and Japan. Security stakeholders in the Department of Defense, Central Intelligence Agency, and congressional committees including Senate Armed Services Committee assess how onshore capacity affects resilience for systems procured by United States military platforms, defense contractors like Lockheed Martin and Raytheon Technologies, and critical infrastructure protected under guidance from Cybersecurity and Infrastructure Security Agency.

Criticisms and controversies

Critics ranging from think tanks like the Heritage Foundation and Cato Institute to investigative outlets such as the Wall Street Journal and The New York Times argue over subsidy selection, regional favoritism claims involving states like Ohio and Arizona, and concerns about corporate conditionality regarding investment by firms with complex ties to People's Republic of China partners. Legal scholars at Harvard University, Yale University, and Columbia University debate constitutional questions about federal spending power, while trade policy experts cite potential disputes at the World Trade Organization and friction with allies over industrial subsidies seen in European Commission policy discussions. Environmental groups including Sierra Club and Natural Resources Defense Council have raised permitting and water-use issues at proposed fab sites, prompting litigation in state courts and administrative reviews led by agencies such as the Environmental Protection Agency.

Category:United States federal legislation