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Title 15 — Commerce and TradeRelease 119-73not60

§4654 Department of Commerce Study on Status of Microelectronics Technologies in the United States Industrial Base

Title 15 › Chapter 72A— CREATING HELPFUL INCENTIVES TO PRODUCE SEMICONDUCTORS FOR AMERICA › § 4654

Last updated Apr 3, 2026|Official source

Summary

Within 180 days after January 1, 2021, the Secretary must check how well U.S. industry can support national defense when it comes to microelectronics. The Secretary will work with other agencies like Defense, Homeland Security, and Energy and must do a survey using authorities in section 4555 of title 50 and, where allowed, rules in title 15. The survey must reach all relevant companies: those based in the United States, any with a physical presence here, and foreign firms that operate in the United States. The survey will gather basic facts about each company, such as where it works, costs, equipment, sources of materials and parts, the kinds of microelectronics made and how they are used, sales and finances, subsidies or incentives, requests for information by Chinese state actors, joint ventures and licensing, steps to control supply‑chain risk, and any sales or ties to the People’s Liberation Army or People’s Armed Police. The Secretary must send a report to Congress with findings, a list of critical technology areas at risk from production disruptions, and an assessment of gaps and vulnerabilities. The report can be submitted in classified form.

Full Legal Text

Title 15, §4654

Commerce and Trade — Source: USLM XML via OLRC

(a)Beginning not later than 180 days after January 1, 2021, the Secretary, in consultation with the heads of other Federal departments and agencies, as appropriate, including the Secretary of Defense, Secretary of Homeland Security, and the Secretary of Energy, shall undertake a review, which shall include a survey, using authorities in section 4555 of title 50, to assess the capabilities of the United States industrial base to support the national defense in light of the global nature of the supply chain and significant interdependencies between the United States industrial base and the industrial bases of foreign countries with respect to the manufacture, design, and end use of microelectronics.
(b)To the extent authorized by section 4555 of title 50 and section 11 So in original. Probably should be “part”. 702 of title 15, Code of Federal Regulations, the Secretary shall ensure all relevant potential respondents reply to the survey, including the following:
(1)Corporations, partnerships, associations, or any other organized groups domiciled and with substantial operations in the United States.
(2)Corporations, partnerships, associations, or any other organized groups with a physical presence of any kind in the United States.
(3)Foreign domiciled corporations, partnerships, associations, or any other organized groups with a physical presence of any kind in the United States.
(c)To the extent authorized by section 4555 of title 50 and section 1 702 of title 15, Code of Federal Regulations, the information sought from a responding entity specified in subsection (b) shall include, at minimum, information on the following with respect to the manufacture, design, or end use of microelectronics by such entity:
(1)An identification of the geographic scope of operations.
(2)Information on relevant cost structures.
(3)An identification of types of microelectronics development, manufacture, assembly, test, and packaging equipment in operation at such an entity.
(4)An identification of all relevant intellectual property, raw materials, and semi-finished goods and components sourced domestically and abroad by such an entity.
(5)Specifications of the microelectronics manufactured or designed by such an entity, descriptions of the end-uses of such microelectronics, and a description of any technical support provided to end-users of such microelectronics by such an entity.
(6)Information on domestic and export market sales by such an entity.
(7)Information on the financial performance, including income and expenditures, of such an entity.
(8)A list of all foreign and domestic subsidies, and any other financial incentives, received by such an entity in each market in which such entity operates.
(9)A list of regulatory or other informational requests about the respondents’ operations, sales, or other proprietary information by the People’s Republic of China entities under its direction or officials of the Chinese Communist Party, a description of the nature of each request, and the type of information provided.
(10)Information on any joint ventures, technology licensing agreements, and cooperative research or production arrangements of such an entity.
(11)A description of efforts by such an entity to evaluate and control supply chain risks.
(12)A list and description of any sales, licensing agreements, or partnerships between such an entity and the People’s Liberation Army or People’s Armed Police, including any business relationships with entities through which such sales, licensing agreements, or partnerships may occur.
(d)(1)The Secretary shall, in consultation with the heads of other appropriate Federal departments and agencies, as appropriate, including the Secretary of Defense, Secretary of Homeland Security, and Secretary of Energy, submit to Congress a report on the results of the review required by subsection (a). The report shall include the following:
(A)An assessment of the results of the review.
(B)A list of critical technology areas impacted by potential disruptions in production of microelectronics, and a detailed description and assessment of the impact of such potential disruptions on such areas.
(C)A description and assessment of gaps and vulnerabilities in the microelectronics supply chain and the national industrial supply base.
(2)The report required by paragraph (1) may be submitted in classified form.

Reference

Citations & Metadata

Citation

15 U.S.C. § 4654

Title 15 — Commerce and Trade

Last Updated

Apr 3, 2026

Release point: 119-73not60