The Department of Energy announced $2 billion in equity investments in quantum computing startups drawn from CHIPS and Science Act appropriations, including a planned $1 billion stake in a new IBM spin-off foundry. Rep. Zoe Lofgren stated the allocations violate statutory limits on microelectronics R&D partnerships. Primary records show the Act's text restricts funds to semiconductor-focused public-private consortia. IBM's Dario Gil, serving as DOE Under Secretary, participated in the negotiations per congressional correspondence. Two additional sources confirm the Act's FY2023–2024 outlays were scored exclusively for advanced packaging and workforce programs at NIST and NSF. No quantum-specific line items appear in the enacted appropriations language or subsequent DOE spend plans. The proposed Anderon foundry structure transfers IBM personnel and IP while committing government equity without new congressional authorization. Agency budget justifications filed in 2024 list zero obligations for quantum foundry equity purchases under the CHIPS heading.