Ensuring the CHIPS Act Delivers on Its Equity Promise with 3 Freedom of Information Applications (FOIA)

The Whitehouse calls this Press Release a FACT SHEET.

Is it true?

FACT SHEET: The Biden-Harris Administration Advances Equity... Supported small and disadvantaged businesses through CHIPS Act funding by requiring funding applicants to develop a workforce plan to create equitable pathways for economically disadvantaged individuals in their region, as well as a plan to support procurement from small, minority-owned, veteran-owned, and women-owned businesses.

In the upcoming decade, the U.S. is gearing up to direct nearly $2 trillion in investments via three landmark legislative acts: the Bipartisan Infrastructure Investment and Jobs Act, the Inflation Reduction Act, and the CHIPS Act.

But how will this boon reach Newark's distressed South Ward? In Newark, New Jersey, the heart-wrenching reality of intergenerational poverty is etched into the lives of its most vulnerable residents. In the South Ward, a staggering 65% of children under five live below the poverty line, while 50% of 16-19-year-olds and 33% of 20-24-year-olds are jobless. The effects span generations, with 61% of adults holding only a high school education or less.

This is the elephant in the room—a question we need to answer with rigor.

The CHIPS Act aims to bridge this gap, but will it succeed?

For decades, America's dominance in semiconductor manufacturing has steadily eroded, leaving the nation vulnerable to supply chain disruptions and raising concerns about national security. The CHIPS and Science Act, a landmark $52 billion federal initiative, marks a decisive turning point. This Act not only seeks to revitalize America's leadership in chip production but takes a groundbreaking approach by coupling this technological resurgence with a commitment to social equity.

A key requirement is that CHIPS funding applicants must develop workforce plans to create equitable pathways for economically disadvantaged individuals, as well as plans to support procurement from small, minority-owned, veteran-owned, and women-owned businesses.

I filed these Freedom of Information Act (FOIA) requests with three U.S Federal agencies to gather evidence on whether the CHIPS Act is delivering on the Biden-Harris Equity Promise:

1. Government Accountability Office (GAO)- Acknowledged

2. Small Business Administration (SBA)- Acknowledged

3. National Institute of Standards and Technology (NIST)- Pending

Join me in this commitment to a more accountable, effective, and equitable use of public funds.

Thank you for your attention.

Chinedu

1. Freedom of Information Application (FOIA) to the U.S. Government Accountability Office (GOA)

U.S. Government Accountability Office

441 G St., NW

Washington, DC 20548

ATTN: FOIA Officer

Subject: Freedom of Information Act Request

Dear FOIA Officer,

Pursuant to the Freedom of Information Act (5 U.S.C. § 552), I am requesting access to the following records:

1. The Government Accountability Office's review of the programs funded by the CHIPS Act of 2022, including the National Advanced Packaging Manufacturing Program managed by the National Institute of Standards and Technology (NIST), as required by Section 105(a)(1) of the CHIPS Act, which states:

"Not later than 3 years after the date of disbursement of the first financial award under section 9902 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, as added by section 103 of this division, the Comptroller General of the United States shall evaluate and submit to Congress a report on the following programs established under this division: (1) The program established under section 9902(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, as added by section 103 of this division."

2. The Government Accountability Office's evaluation report on the success of the specified programs established by the CHIPS Act, including an analysis of aggregated workforce data by race, ethnicity, sex, and job categories, as outlined in Section 105(a)(1)(D) of the CHIPS Act, which states:

"In conducting the evaluation and preparing the report required under paragraph (1), the Comptroller General of the United States shall evaluate and include in the report, with respect to the programs described in paragraph (1) [...] (D) drawing on data made available by the Department of Labor or other sources, to the extent practicable, an analysis of [...] aggregated workforce data, including data by race or ethnicity, sex, and job categories."

If the final reports are not yet available, I request any interim reports, preliminary evaluations, or draft findings that may be available. Additionally, I would appreciate any information you can provide on the expected completion dates for the final reports.

I request a fee waiver because the disclosure of the requested information is in the public interest as it will contribute significantly to public understanding of NIST's compliance with evidence-based policymaking requirements in its implementation of the CHIPS Act's workforce development and equity objectives. The information will provide valuable insights into the effectiveness of these programs and their impact on workforce diversity, which are matters of current public debate and policy-making interest.

If the fee waiver is denied, I am willing to pay fees for this request up to a maximum of $100. If you estimate that the fees will exceed this limit, please inform me first.

Thank you for your attention to this request. I look forward to receiving your response within the 20 working days, as the statute requires. If you have any questions or need additional information, please feel free to contact me at [email protected]

Sincerely,

Chinedu Echeruo

Acknowledgement

2. Freedom of Information Application (FOIA) to the U.S. Small Business Administration (SBA)

I am requesting any and all records related to the National Institute of Standards and Technology (NIST)'s compliance with the HUBZone program managed by the Small Business Administration (SBA). This includes but is not limited to:

Annual percentages of contracts awarded by NIST to HUBZone-certified businesses.

Evaluations, audits, or reviews of NIST's adherence to the HUBZone program requirements.

Reports or communications submitted by NIST to the SBA regarding HUBZone procurement goals and achievements.

Any correspondence or documentation of interactions between NIST and the SBA concerning HUBZone program implementation and compliance.

This information is sought to understand the extent of NIST's engagement with the HUBZone program and its success in integrating HUBZone-certified businesses into its procurement processes. It will contribute to the public knowledge of how federal agencies support economically distressed areas through compliance with the HUBZone program.

(Date Range for Record Search: From 01/01/2020 To 12/31/2023)

I request a waiver of all fees for this request. Disclosure of the requested information is in the public interest because it will contribute significantly to public understanding of the operations and activities of the government by providing insight int...

Acknowledgement

3. Freedom of Information Application (FOIA) to the U.S. National Institute of Standards and Technology (NIST)

Dear NIST FOIA Officer,

This is a request under the Freedom of Information Act (5 U.S.C. § 552) for records related to the National Institute of Standards and Technology's (NIST) compliance with the Foundations for Evidence-Based Policymaking Act of 2018 (Evidence Act) in the context of the Creating Helpful Incentives to Produce Semiconductors (CHIPS) Act of 2022.

Specifically, I am requesting the following records:

1. Any evidence-building plans, as required by the Evidence Act, that identify policy questions relevant to NIST's responsibilities under Section 9906(c)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, as amended by Section 103(c)(2)(B)(ii) of the CHIPS Act, to expand geographically diverse participation in microelectronics education and workforce training programs.

2. Any data collection, compilation, analysis, or dissemination efforts related to the policy questions identified in the evidence-building plans mentioned above.

3. Any records demonstrating how evidence and data have been incorporated into policy and funding decisions related to NIST's responsibilities under the CHIPS Act, particularly those related to workforce development and equity.

4. Any program evaluations conducted or supported by NIST to assess the effectiveness and efficiency of its programs and activities related to workforce development and equity under the CHIPS Act.

5. Any records showing how data and evidence related to NIST's responsibilities under the CHIPS Act have been made accessible to the public, while protecting confidential information, as required by the Evidence Act.

Please provide all responsive records from August 9, 2022 (the date of enactment of the CHIPS Act) to the present. If any responsive records are withheld, please provide a detailed justification for each withholding, along with any segregable portions of the records.

I request a fee waiver because the disclosure of the requested information is in the public interest as it will contribute significantly to public understanding of NIST's compliance with evidence-based policymaking requirements in its implementation of the CHIPS Act's workforce development and equity objectives.

Thank you for your attention to this request. Please contact me if you have any questions or need any clarification.

Sincerely,

Chinedu Echeruo

[email protected]

Acknowledgement