15 U.S.C. § 4655: Funding for development and…

Summary

Creates a Multilateral Semiconductors Security Fund that the Treasury Secretary can set up with money Congress provides. If the Fund is not set up, the Treasury Secretary, working with the Secretary of State, must explain in writing to the relevant Congressional committees why not 180 days after January 1, 2021, and every year after until it is set up. If set up, Treasury must invest unused money in U.S. government interest-bearing or guaranteed obligations, and any interest or sale proceeds go back into the Fund. The money can be used, with advance approval by Congress, for a common international fund and other work to help develop and adopt secure semiconductors and secure semiconductor supply chains, but only after the Secretary of State makes agreements with partner governments. Before making those agreements, the Secretary of State, with the Secretary of Commerce, must make sure partners have export control licensing policies on semiconductor technology that are substantively equivalent to U.S. restrictions on exports to the People’s Republic of China. The Secretary of State, consulting with the Secretaries of Commerce, Defense, Homeland Security, Treasury, Energy, and the Director of National Intelligence, may set up a common funding mechanism with foreign partners to support research, development, and adoption of secure semiconductors and supply chains, and to use U.S. funds to get partner contributions. Partners should work to make subsidy rules transparent, have consistent policies for non‑participants and nontransparent countries, harmonize export checks for risky destinations, address nonmarket economy behavior, align supply‑chain and intellectual property protections, and coordinate investment screening and export controls. The Secretary of State must notify Congress at least 15 days before any Fund commitment over $1,000,000 with the amount, recipient, and project description, and must notify Congress within 30 days after entering a new partner agreement.

Title 15, §4655

Commerce and Trade, Source: USLM XML via OLRC

(a)Multilateral Semiconductors Security Fund

(1)Establishment of fund

The Secretary of the Treasury is authorized to establish a trust fund, to be known as the “Multilateral Semiconductors Security Fund” (in this section referred to as the “Fund”), consisting of any appropriated funds credited to the Fund for such purpose.

(2)Reporting requirement

If the Fund authorized under subsection (a)(1) is not established, 180 days after January 1, 2021, and annually thereafter until such Fund is established, the Secretary of the Treasury, in coordination with the Secretary of State, shall provide, in writing, to the appropriate committees of Congress a rationale for not establishing the Fund.

(3)Investment of amounts

(A)Investment of amounts

If the Fund authorized under subsection (a)(1) is established, the Secretary of the Treasury shall invest such portion of the Fund as is not required to meet current withdrawals in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States.

(B)Interest and proceeds

The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund.

(4)Use of Fund

(A)In general

Subject to subparagraph (B), amounts in the Fund shall be available, as provided in advance in an appropriations Act, to the Secretary of State—

(i)to provide funding through the common funding mechanism described in subsection (b)(1) to support the development and adoption of measurably secure semiconductors and measurably secure semiconductors supply chains; and

(ii)to otherwise carry out this section.

(B)Availability contingent on international arrangement or agreement

(i)In general

Amounts in the Fund shall be available to the Secretary of State, subject to appropriation, on and after the date on which the Secretary of State enters into an arrangement or agreement with the governments of countries that are partners of the United States to participate in the common funding mechanism under paragraph (1) of subsection (b).

(ii)Consultation

Before entering into an arrangement or agreement as described clause (i), the Secretary of State, in consultation with the Secretary of Commerce, shall ensure any partner government maintains export control licensing policies on semiconductor technology substantively equivalent to the United States with respect to restrictions on such exports to the People’s Republic of China.

(b)Common funding mechanism for development and adoption of measurably secure semiconductors and measurably secure semiconductors supply chains

(1)In general

The Secretary of State, in consultation with the Secretary of Commerce, the Secretary of Defense, the Secretary of Homeland Security, the Secretary of the Treasury, the Secretary of Energy, and the Director of National Intelligence, is authorized to establish a common funding mechanism, in coordination with foreign partners, that uses amounts from the Fund to support the development and adoption of secure semiconductors and secure semiconductors supply chains, including for use in research and development collaborations among partner countries participating in the common funding mechanism. In establishing and sustaining a common funding mechanism, the Secretary of State should leverage United States funding in order to secure contributions and commitments from trusted foreign partners, including cost sharing and other cooperative measures leading to the development and adoption of secure semiconductors and secure microelectronic supply chains.

(2)Commitments

In creating and sustaining a common funding mechanism described in paragraph (1), the Secretary of State should promote efforts among foreign partners to—

(A)establish transparency requirements for any subsidies or other financial benefits (including revenue foregone) provided to semiconductors firms located in or outside such countries;

(B)establish consistent policies with respect to countries that—

(i)are not participating in the common funding mechanism; and

(ii)do not meet transparency requirements established under subparagraph (A);

(C)promote harmonized treatment of semiconductors and verification processes for items being exported to a country considered a national security risk by a country participating in the common funding mechanism;

(D)establish consistent policies and common external policies to address nonmarket economies as the behavior of such countries pertains to semiconductors;

(E)align policies on supply chain integrity and semiconductors security, including with respect to protection and enforcement of intellectual property rights; and

(F)promote harmonized foreign direct investment screening measures and export control policies with respect to semiconductors to align with national, multilateral, and plurilateral security priorities.

(c)Notifications to be provided by the Fund

(1)In general

Not later than 15 days prior to the Fund making a financial commitment associated with the provision of expenditures under subsection (a)(4)(A) in an amount in excess of $1,000,000, the Secretary of State shall submit to the appropriate committees of Congress report in writing that contains the information required by paragraph (2).

(2)Information required

The information required by this subsection includes—

(A)the amount of each such expenditure;

(B)an identification of the recipient or beneficiary; and

(C)a description of the project or activity and the purpose to be achieved by an expenditure of the Fund.

(3)Arrangements or agreements

The Secretary of State shall notify the appropriate committees of Congress not later than 30 days after entering into a new bilateral or multilateral arrangement or agreement described in subsection (a)(4)(B).

Editorial Notes

Amendments

2023—Subsecs. (c), (d). Pub. L. 118–31 redesignated subsec. (d) as (c) and struck out former subsec. (c) which required the Secretary of State to report to Congress annually on the implementation of this section.

§4655 Funding for Development and Adoption of Measurably Secure Semiconductors and Measurably Secure Semiconductors Supply Chains

Summary

Title 15, §4655

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata