Chip EQUIP Act

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.

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:

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.

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

(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.

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