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Potential Amendment

Senate Plans to Vote Tuesday on Chips Legislation

The Senate plans to vote Tuesday on final passage of the Endless Frontier Act (see 2105270082) and several potential amendments, an aide for Senate Majority Leader Chuck Schumer, D-N.Y., told us Friday. The Senate could consider a manager’s amendment, which might open the door to a host of additional provisions, per an aide for co-sponsor Sen. Todd Young, R-Ind. Some 30 senators are attempting to attach provisions to the manager’s package, lobbyists said.

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Legislators agreed to vote on Schumer’s substitute amendment, a motion to waive the Budget Act with respect to the substitute amendment and an amendment offered by Sen. John Cornyn, R-Texas, Schumer’s aide said. Final passage would require 60 votes.

Young is encouraged by the number of amendments already incorporated into the bill and is hopeful for agreement on the manager’s package, his aide said. The manager’s amendment would require unanimous consent.

Those seeking to attach provisions to the manager’s amendment include Senate Commerce Committee ranking member Roger Wicker, R-Miss.; Intelligence Committee ranking member Marco Rubio, R-Fla.; Senate Minority Whip John Thune, R-S.D.; and Ben Ray Lujan, D-N.M. An aide for Lujan confirmed he’s pushing to have his measure included in the manager’s amendment. Lujan was instrumental in adjusting the bill’s funding in support of the Energy Department’s National Labs (see 2105140015). Thune was seeking to include a provision for regulating and deploying autonomous vehicles. His and the other offices didn’t comment.

Sen. Rick Scott, R-Fla., spoke in opposition to the manager’s amendment and the underlying bill, which he estimated at $250 billion. Sen. Ron Johnson, R-Wis., also objected to the legislation’s price tag. Republicans criticized Schumer for not considering enough amendments, but the Democratic leader noted the upper chamber cast more roll call votes on amendments than in any of the previous four years under then-President Donald Trump

Cornyn’s amendment would remove Davis-Bacon Act wage provisions “jeopardizing funding” for his Creating Helpful Incentives to Produce Semiconductors (Chips) for America Act. Like the Endless Frontier Act, which was reintroduced as the U.S. Innovation and Competition Act, Cornyn’s bill is meant to incentivize domestic chip manufacturing. The U.S. Innovation and Competition Act would appropriate $24 billion for the Treasury Department’s Chips for America Fund in 2022. The legislation would appropriate $52.7 billion for incentivizing domestic semiconductor fabrication and $1.5 billion for 5G innovation.

The House Commerce Committee is awaiting direction from Democratic leadership about how to proceed in the lower chamber, one tech lobbyist said. The House Technology Subcommittee passed a related bill, which would appropriate billions for science and tech R&D, in May, advancing the National Science Foundation for the Future Act (HR-2225) to the full House Science Committee. The Senate returns to session this week, and the House returns June 14.

Industry is awaiting word on where the legislation’s estimated 18 regional technology hubs will be located, said data center firm CEO Bruce Lehrman. Many are trying to position themselves with lawmakers to have their interests heard in the selection process, said Lehrman of Involta. Every state wants more technology investment, said CEO Gil Santaliz of the NJFX subsea communications provider. The location of the regional tech hubs, and the need to avoid picking winners and losers, has been a sticking point with senators.

The Information Technology Industry Council urged passage. “Invest today to expand and diversify the semiconductor supply chain and ensure the U.S. continues to hold its innovative edge,” said Senior Vice President-Government Affairs Shannon Taylor. CTA, BSA|The Software Alliance and ACT|The App Association didn’t comment Monday.