Delegation of Authority Under Sections 102 and 106 of the CHIPS Act of 2022

This memorandum delegates presidential authority to submit CHIPS Act cost estimates to Congress. The Secretary of Commerce, Defense, State, and the NSF Director each receive authority for specific statutory cost estimate submissions, with Commerce also directed to publish the memorandum in the Federal Register.

Federal Register Open PDF 87 FR 50233

Impact dates

Date TBD
cost estimates required by CHIPS Act sections 102 and 106 to be submitted to Congress

Key directives

Delegate to Secretary of Commerce authority to submit cost estimates under sections 102(a)(4)(A)(i) and 106(c)(1)(A)
Delegate to Secretary of Defense authority to submit cost estimate under section 102(b)(3)(A)(i)
Delegate to Secretary of State authority to submit cost estimate under section 102(c)(3)(A)(i)
Delegate to NSF Director authority to submit cost estimate under section 102(d)(3)(A)(i)
Secretary of Commerce authorized and directed to publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

delegation of authority takes effect upon signing
Secretary of Commerce directed to publish in Federal Register

Near term (90d)

cost estimates to be prepared and submitted to Congress per CHIPS Act deadlines

Long term

implementation of CHIPS Act semiconductor manufacturing incentives and research funding

Risks & tensions

No statutory deadlines specified in memorandum itself; actual due dates governed by CHIPS Act provisions cited
Fragmented delegation across four officials may create coordination challenges for overall CHIPS implementation