I 
118TH CONGRESS 
1ST SESSION H. R. 3249 
To provide incentives for the domestic production of printed circuit boards, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 11, 2023 
Mr. MOORE of Utah (for himself and Ms. ESHOO) introduced the following 
bill; which was referred to the Committee on Ways and Means, and in 
addition to the Committees on Energy and Commerce, and Science, 
Space, and Technology, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To provide incentives for the domestic production of printed 
circuit boards, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting Circuit 
Boards and Substrates Act’’. 
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SEC. 2. TAX CREDIT FOR THE PURCHASE OR ACQUISITION 
OF PRINTED CIRCUIT BOARDS MANUFAC-
TURED IN THE UNITED STATES. 
(a) IN GENERAL.—Subpart D of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of 
1986 is amended by inserting after section 45Z the fol-
lowing new section: 
‘‘SEC. 45AA. CREDIT FOR THE PURCHASE OR ACQUISITION 
OF PRINTED CIRCUIT BOARDS FABRICATED 
IN THE UNITED STATES. 
‘‘(a) IN GENERAL.—For the purposes of section 38, 
the credit determined under this section for the taxable 
year is an amount equal to 25 percent of the cost paid 
or incurred by the taxpayer for the purchase or acquisition 
of printed circuit boards fabricated in the United States 
for the taxable year. 
‘‘(b) DEFINITIONS.—For the purposes of this sec-
tion— 
‘‘(1) PRINTED
CIRCUIT
BOARD.—The term 
‘printed circuit board’ has the meaning given such 
term in section 3(a) of the Protecting Circuit Boards 
and Substrates Act. 
‘‘(2) 
FABRICATED.—The 
term 
‘fabricated’ 
means the use of raw materials to manufacture a 
connected composite structure featuring electrically 
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conductive and non-conductive elements by subtrac-
tive, additive, or other technique. 
‘‘(c) REGULATIONS AND GUIDANCE.—The Secretary 
shall, in consultation with the Secretary of Commerce, 
promulgate such regulations and guidance as may be nec-
essary or appropriate to carry out this section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for subpart D of part IV of subchapter A of chapter 1 
of such Code is amended by inserting after the item relat-
ing to section 45Z the following new item: 
‘‘Sec. 45AA. Credit for the purchase or acquisition of printed circuit boards 
fabricated in the United States.’’. 
(c) CREDIT MADE PART OF GENERAL BUSINESS 
CREDIT.—Section 38(b) of the Internal Revenue Code of 
1986 is amended— 
(1) in paragraph (37), by striking ‘‘plus’’, 
(2) in paragraph (38), by striking the period at 
the end and inserting ‘‘, plus’’, and 
(3) by adding at the end the following new 
paragraph: 
‘‘(39) the credit for the purchase or acquisition 
of printed circuit boards fabricated in the United 
States determined under section 45AA.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to amounts paid or incurred after 
December 31, 2022. 
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SEC. 3. INCENTIVES FOR PRINTED CIRCUIT BOARD MANU-
FACTURING AND RESEARCH AND DEVELOP-
MENT. 
(a) DEFINITIONS.—In this section: 
(1) ACTIVE
COMPONENT.—The term ‘‘active 
component’’ means, with respect to a printed circuit 
board, an electronic component within an electronic 
circuit that relies on an external power source to 
control or modify electrical signals. 
(2) COVERED ENTITY.—The term ‘‘covered en-
tity’’ means a private entity, a consortium of private 
entities, or a consortium of public and private enti-
ties with the ability to substantially finance, con-
struct, expand, or modernize a facility relating to 
manufacturing or research and development of print-
ed circuit boards and integrated circuit substrates. 
(3) COVERED INCENTIVE.—The term ‘‘covered 
incentive’’ means— 
(A) an incentive used for the purposes of 
constructing, expanding, or modernizing a facil-
ity described in paragraph (2) that will be lo-
cated in the United States; and 
(B) a workforce-related incentive (includ-
ing an agreement to provide grants for work-
force training or vocational education), any con-
cession with respect to real property, funding 
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for research and development with respect to 
printed circuit boards, and any other incentive 
determined by the Secretary, in consultation 
with the Secretary of State, to be appropriate 
and related to encouraging investment in facili-
ties and equipment in the United States for 
manufacturing or research and development of 
printed circuit boards. 
(4) 
ECONOMICALLY
DISADVANTAGED
INDI-
VIDUAL.—The term ‘‘economically disadvantaged in-
dividual’’ means an individual described in section 
8(a)(6)(A) of the Small Business Act (15 U.S.C. 
637(a)(6)(A)). 
(5) FOREIGN
ENTITY; FOREIGN
ENTITY
OF 
CONCERN.—The terms ‘‘foreign entity’’ and ‘‘foreign 
entity of concern’’ have the meanings given such 
terms in section 9901 of the William M. (Mac) 
Thornberry National Defense Authorization Act for 
Fiscal Year 2021 (Public Law 116–283; 15 U.S.C. 
4651). 
(6) HISTORICALLY
BLACK
COLLEGE
OR
UNI-
VERSITY.—The term ‘‘historically Black college or 
university’’ has the meaning given the term ‘‘part B 
institution’’ in section 322 of the Higher Education 
Act of 1965 (20 U.S.C. 1061). 
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(7) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given such term in section 101 of the High-
er Education Act of 1965 (20 U.S.C. 1001). 
(8) INTEGRATED
CIRCUIT
SUBSTRATE.—The 
term ‘‘integrated circuit substrate’’ means a thin 
composite structure of layered electrically conductive 
materials and organic electrically non-conductive ma-
terials that electrically connects integrated circuits 
to an underlying structure, including a printed cir-
cuit board. 
(9) INTELLIGENCE
COMMUNITY.—The term 
‘‘intelligence community’’ has the meaning given 
that term in section 3 of the National Security Act 
of 1947 (50 U.S.C. 3003). 
(10) MINORITY-OWNED BUSINESS AND WOMEN- 
OWNED
BUSINESS.—The terms ‘‘minority-owned 
business’’ and ‘‘women-owned business’’ have the 
meanings given such terms in section 704B(h) of the 
Equal Credit Opportunity Act (15 U.S.C. 1691c– 
2(h)). 
(11) MINORITY-SERVING
INSTITUTION.—The 
term ‘‘minority-serving institution’’ means any of 
the following: 
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(A) An Alaska Native-serving institution 
(as that term is defined in section 317(b) of the 
Higher Education Act of 1965 (20 U.S.C. 
1059d(b))). 
(B) A Native Hawaiian-serving institution 
(as that term is defined in section 317(b) of 
such Act (20 U.S.C. 1059d(b))). 
(C) A Predominantly Black institution (as 
that term is defined in section 371(c) of such 
Act (20 U.S.C. 1067q(c))). 
(D) An Asian American and Native Amer-
ican Pacific Islander-serving institution (as that 
term is defined in section 320(b) of such Act 
(20 U.S.C. 1059g(b))). 
(E) A Native American-serving, nontribal 
institution (as that term is defined in section 
319(b) of such Act (20 U.S.C. 1059f(b))). 
(12) PASSIVE COMPONENT.—The term ‘‘passive 
component’’ means, with respect to a printed circuit 
board, an electronic component within an electronic 
circuit that functions using the existing electronic 
current within the electronic circuit to control or 
modify electrical signals. 
(13) PERSON.—The term ‘‘person’’ means an 
individual or entity. 
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(14) PRINTED
CIRCUIT
BOARD.—The term 
‘‘printed circuit board’’ means a composite structure 
of layered electrically conductive and non-conductive 
materials that provides interconnections with other 
micro-electronics or electronics systems or sub-
systems and electrical connections between active 
and passive components, and may include compo-
nents embedded in the composite structure. 
(15) PROGRAM.—The term ‘‘Program’’ means 
the program established under subsection (b)(1). 
(16) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Commerce. 
(17) SMALL BUSINESS.—The term ‘‘small busi-
ness’’ has the meaning given the term ‘‘small busi-
ness concern’’ under section 3(a) of the Small Busi-
ness Act (15 U.S.C. 632(a)), except that section 
121.103 of title 13, Code of Federal Regulations (or 
any successor regulation) shall not apply. 
(18) STATE.—The term ‘‘State’’ means each 
State of the United States, the District of Columbia, 
each commonwealth, territory, or possession of the 
United States, and each federally recognized Indian 
Tribe. 
(19) VETERAN-OWNED
BUSINESS.—The term 
‘‘veteran-owned business’’ has the meaning given the 
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term ‘‘small business concern owned and controlled 
by veterans’’ in section 3(q) of the Small Business 
Act (15 U.S.C. 632(q)). 
(b) FINANCIAL ASSISTANCE PROGRAM.— 
(1) IN GENERAL.—The Secretary shall establish 
a program that, in accordance with the requirements 
of this section and subject to the availability of ap-
propriations for such purposes, provides Federal fi-
nancial assistance to covered entities to incentivize 
investment in facilities and equipment in the United 
States for manufacturing or research and develop-
ment of printed circuit boards and integrated circuit 
substrates. 
(2) PROCEDURE.— 
(A) IN GENERAL.—A covered entity shall 
submit to the Secretary an application that de-
scribes the project for which the covered entity 
is seeking financial assistance under the Pro-
gram. 
(B) ELIGIBILITY.—Except as provided in 
subparagraph (C), in order for a covered entity 
to qualify for financial assistance under the 
Program, the covered entity shall demonstrate 
to the Secretary, in the application submitted 
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by the covered entity under subparagraph (A), 
that— 
(i) the covered entity has a docu-
mented interest in carrying out a project 
that is a covered incentive; and 
(ii) with respect to the project de-
scribed in clause (i), the covered entity 
has— 
(I) a plan the Secretary deter-
mines to be executable to sustain the 
covered incentive described in clause 
(i) without additional Federal finan-
cial assistance under the Program for 
facility support; 
(II) made commitments to work-
er and community investment, includ-
ing through— 
(aa) training and education 
benefits provided by or paid for 
by the covered entity; and 
(bb) programs to expand 
employment opportunity for eco-
nomically disadvantaged individ-
uals; and 
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(III) secured commitments from 
regional educational and training enti-
ties, postsecondary vocational institu-
tions (defined in section 102(c) of the 
Higher Education Act of 1965 (20 
U.S.C. 1002(c))), or institutions of 
higher education to provide workforce 
training, including programming for 
training and job placement of eco-
nomically disadvantaged individuals. 
(C) SMALL
BUSINESS
EXCEPTION.—The 
requirements in subclauses (II) and (III) of 
subparagraph (B)(ii) do not apply to small 
businesses. 
(D) DUE DILIGENCE.—With respect to the 
review by the Secretary of an application sub-
mitted by a covered entity under subparagraph 
(A), the Secretary may not approve the applica-
tion unless the Secretary— 
(i) confirms that the covered entity 
has satisfied the applicable eligibility cri-
teria under subparagraph (B); and 
(ii) determines that the project to 
which the application relates is in the in-
terest of the United States. 
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(E) CONSIDERATIONS FOR REVIEW.— 
(i) IN GENERAL.—Except as provided 
in clause (ii), with respect to the review by 
the Secretary of an application submitted 
by a covered entity under subparagraph 
(A), the Secretary shall consider whether 
the covered entity has— 
(I) previously received financial 
assistance under the Program; and 
(II) demonstrated that it is re-
sponsive to the national security needs 
or requirements established by the in-
telligence community (or an agency 
thereof), the National Nuclear Secu-
rity Administration, or the Depart-
ment of Defense. 
(ii) SMALL BUSINESSES EXCLUDED.— 
Clause (i)(I) does not apply with respect to 
an application submitted by a small busi-
ness under subparagraph (A). 
(F) PREFERENCES.— 
(i) 
IN
GENERAL.—The 
Secretary 
shall, when practicable, give preference 
with respect to the approval of an applica-
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tion submitted under subparagraph (A) by 
a covered entity that— 
(I) is a small business, minority- 
owned business, women-owned busi-
ness, or veteran-owned business; 
(II) expands the United States 
production capacity of integrated cir-
cuit substrates; 
(III) is relocating a manufac-
turing 
facility 
of 
printed 
circuit 
boards currently located in an area 
owned by, controlled by, or subject to 
the jurisdiction or direction of a for-
eign entity of concern; or 
(IV) includes a workforce train-
ing program that is— 
(aa) a historically Black col-
lege or university; 
(bb) a Hispanic-serving in-
stitution (as such term is defined 
in section 502(a) of the Higher 
Education Act of 1965 (20 
U.S.C. 1101a(a))); 
(cc) a Tribal College or Uni-
versity (as such term is defined 
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in section 316(b) of the Higher 
Education Act of 1965 (20 
U.S.C. 1059c(b))); 
(dd) a minority-serving in-
stitution; 
(ee) a rural-serving institu-
tion of higher education (as such 
term is defined in section 861(b) 
of the Higher Education Act of 
1965 (20 U.S.C. 1161q(b))); or 
(ff) a workforce training or-
ganization that offers industry- 
recognized, stackable, and port-
able credentialing programs. 
(ii) DEFINITIONS.—In this subpara-
graph: 
(I) 
STACKABLE.—The 
term 
‘‘stackable’’ means a credential that is 
part of a set of sequenced, related cre-
dentials that demonstrating the in-
creasing qualifications of the indi-
vidual acquiring the credentials for 
advancement along a specific career 
path or to a more senior position in 
the same or related career path. 
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(II) 
PORTABLE.—The 
term 
‘‘portable’’ means a credential that is 
generally recognized and accepted by 
a wide variety of entities and in mul-
tiple geographic locations as verifying 
the qualifications of an individual. 
(G) FOREIGN ENTITIES OF CONCERN EX-
CLUSION.— 
(i) The Secretary may not approve an 
application of a covered entity if the Sec-
retary determines that the covered entity is 
a foreign entity of concern. 
(ii) None of the funds authorized to 
be appropriated to carry out this sub-
section may be provided to a foreign entity 
of concern. 
(H) RECORDS PRODUCTION.— 
(i) IN GENERAL.—The Secretary may 
request from a covered entity that submits 
an application under subparagraph (A) any 
records and other information that the 
Secretary determines necessary for the 
purposes of ascertaining whether an award 
under the Program will be used for the 
covered incentive for which such award is 
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sought, including records or other informa-
tion regarding the status of such project. 
(ii) FUNDING RESTRICTION.—No cov-
ered entity that fails to provide records or 
information requested by the Secretary 
under this subparagraph shall be eligible 
for Federal financial assistance under the 
Program if such records or information are 
reasonably available to such covered entity. 
(3) AMOUNT.— 
(A) IN GENERAL.—The Secretary shall de-
termine the appropriate amount and funding 
type for each financial assistance award made 
to a covered entity under the Program. 
(B) LARGER
INVESTMENT.—The amount 
awarded under the Program with respect to any 
individual project may not exceed $300,000,000 
unless the Secretary, in consultation with the 
Secretary of Defense and the Director of Na-
tional Intelligence, recommends to the Presi-
dent, and the President notifies Congress, that 
a larger award is necessary to— 
(i) significantly increase the supply of 
reliable, domestically produced printed cir-
cuit boards that are relevant for the na-
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tional security and economic competitive-
ness of the United States; and 
(ii) meet the needs of national secu-
rity. 
(4) USE OF FUNDS.— 
(A) IN GENERAL.—Except as provided by 
subparagraph (B), a covered entity that re-
ceives a financial assistance award under the 
Program may only use the financial assistance 
award amounts— 
(i) for a covered incentive; and 
(ii) to pay reasonable costs related to 
the operating expenses for such covered in-
centive, including costs relating to the spe-
cialized workforce, essential materials, and 
complex equipment maintenance, as deter-
mined by the Secretary. 
(B) 
LARGER
INVESTMENTS.—If 
the 
amount awarded under the Program with re-
spect to the project is more than $300,000,000, 
the covered entity that received such award may 
use such amounts only for the purposes de-
scribed in subparagraph (A) to the extent that 
such use meets the national security needs or 
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enhances the economic competitiveness of the 
United States. 
(5) CLAWBACK.— 
(A) DELAY CLAWBACK.— 
(i) TARGET DATES.—With respect to 
any award made under the Program, the 
Secretary shall— 
(I) determine target dates by 
which the project with respect to 
which such award was made shall 
commence and complete; and 
(II) set such dates by the time of 
the award. 
(ii) PROGRESSIVE
RECOVERY
FOR 
DELAYS.—If a project is not commenced 
and completed by the dates determined 
under clause (i) for such project, the Sec-
retary shall progressively recover from the 
recipient of the award for such project up 
to the full amount of such award. 
(iii) WAIVER.—In the case of a 
project that is not commenced or com-
pleted by the dates determined under 
clause (i) for such project, the Secretary 
may waive elements of the clawback provi-
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sions incorporated in the award made 
under the Program for such project only if, 
prior to granting such waiver, the Sec-
retary— 
(I) makes a formal determination 
that circumstances beyond the ability 
of the covered entity to foresee or con-
trol are responsible for delays; and 
(II) submits a notice to Congress. 
(B) TECHNOLOGY
CLAWBACK.—The Sec-
retary may recover the full amount of any 
award made under the Program from the re-
cipient of the award if, during the period deter-
mined under subparagraph (A)(i) for the 
project with respect to which such award was 
made, the recipient knowingly engages in any 
joint research or technology licensing effort 
with a foreign entity of concern that relates to 
a technology or product that raises national se-
curity concerns, as determined by the Secretary. 
(C) NOTIFICATION TO CONGRESS.— 
(i) IN GENERAL.—The Secretary shall 
notify Congress of— 
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(I) the clawback provisions at-
tending each award described in sub-
paragraph (A)(i); and 
(II) each waiver provided under 
subparagraph (A)(iii) not later than 
15 days after the date on which the 
Secretary provides such waiver. 
(ii) WAIVER NOTICE CONTENTS.—The 
notice required under clause (i)(II) shall 
include— 
(I) the elements of the clawback 
provisions that were waived under 
subparagraph (A)(iii); 
(II) an explanation of why such 
waiver was provided; 
(III) the duration of the delay 
with respect to which such waiver was 
granted; and 
(IV) the name of the covered en-
tity that was granted such waiver. 
(c) COORDINATION REQUIRED.—In carrying out the 
Program, the Secretary shall coordinate with— 
(1) the Secretary of State; 
(2) the Secretary of Defense; 
(3) the Secretary of Energy; 
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(4) the Director of National Intelligence; 
(5) the Director of the Minority Business De-
velopment Agency of the Department of Commerce; 
(6) the Administrator of the Small Business 
Administration; 
(7) the Director of the National Institute of 
Standards and Technology; 
(8) the Director of the Cybersecurity and Infra-
structure Agency; and 
(9) the Director of the Office of Foreign Assets 
Control of the Department of the Treasury. 
(d) GAO REVIEWS.—The Comptroller General of the 
United States shall— 
(1) not later than 2 years after the date of dis-
bursement of the first award under the Program, 
and biennially thereafter for 10 years, conduct a re-
view of the Program, which shall include— 
(A) a determination of the number of 
awards provided under the Program during the 
two-year period immediately preceding the re-
view; 
(B) an evaluation of how— 
(i) such program is being carried out, 
including how recipients of awards under 
the Program are being selected; and 
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(ii) other Federal programs are lever-
aged for manufacturing, research, and 
training to complement the awards made 
under the Program; and 
(C) a description of the outcomes of 
projects supported by awards made under the 
Program, including a description of— 
(i) facilities described in subsection 
(b)(1) that were constructed, expanded, or 
modernized as a result of such awards; 
(ii) research and development carried 
out with such awards; 
(iii) workforce training programs car-
ried out with such awards, including ef-
forts to hire economically disadvantaged 
individuals; and 
(iv) the effects of such projects on the 
United States share of global printed cir-
cuit board production; and 
(2) notify Congress of the results of each review 
conducted under paragraph (1). 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $3,000,000,000 for fiscal 
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year 2024, to remain available through fiscal year 2025, 
to carry out this section. 
Æ 
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