15 U.S.C. § 4603 — Semiconductor Technology Council

Page 2129 TITLE 15—COMMERCE AND TRADE § 4603 ch. 932, title VII, as added Pub. L. 91–379, title I, § 103, Aug. 15, 1970, 84 Stat. 796, which was formerly classified to section 2168 of the former Appendix to Title 50, War and National Defense, prior to repeal by Pub. L. 100–679, § 5(b), Nov. 17, 1988, 102 Stat. 4063. AMENDMENTS 2021—Subsec. (c). Pub. L. 117–81 substituted ‘‘chapter 271’’ for ‘‘section 2306a’’. 1993—Subsec. (b)(1)(B). Pub. L. 103–160 substituted ‘‘Semiconductor Technology Council’’ for ‘‘Advisory Council on Federal Participation in Sematech’’. § 4603. Semiconductor Technology Council (a) Establishment There is established the Semiconductor Tech- nology Council. (b) Purposes and functions (1) The purposes of the Council are the fol- lowing: (A) To link assessment by the semicon- ductor industry of future market and national security needs to opportunities for technology development through cooperative public and private investment. (B) To seek ways to respond to the tech- nology challenges for semiconductors by fos- tering precompetitive cooperation among in- dustry, the Federal Government, and institu- tions of higher education. (C) To make available judgments, assess- ments, insights, and recommendations that re- late to the opportunities for new research and development efforts and the potential to bet- ter rationalize and align industry and govern- ment contributions to semiconductor research and development. (2) The Council shall carry out the following functions: (A) Advise Sematech and the Secretary of Defense on appropriate technology goals and appropriate level of effort for the research and development activities of Sematech. (B) Review the emerging markets, tech- nology developments, and core technology challenges for semiconductor research and de- velopment and semiconductor manufacturing and explore opportunities for improved coordi- nation among industry, the Federal Govern- ment, and institutions of higher education re- garding such developments and challenges. (C) Assess the effect on the appropriate role of Sematech of public and private sector inter- national agreements in semiconductor re- search and development. (D) Exchange views regarding the competi- tiveness of United States semiconductor tech- nology and new or emerging semiconductor technologies that could affect national eco- nomic and security interests. (E) Exchange and update information and identify overlaps and gaps regarding the ef- forts of industry, the Federal Government, and institutions of higher education in semicon- ductor research and development. (F) Assess technology progress relative to industry requirements and Federal Govern- ment requirements, responding as appropriate to the challenges in the national semicon- ductor technology roadmap developed by rep- resentatives of industry, the Federal Govern- ment, and institutions of higher education. (G) Make recommendations regarding the semiconductor technology development efforts that should be supported by Federal agencies and industry. (H) Appoint subgroups as appropriate in con- nection with the updating of the semicon- ductor technology roadmap. (I) Publish and submit to Congress by March 31 of each year an annual report addressing the semiconductor technology challenges and developments for industry, government, and institutions of higher education and the rela- tionship among the challenges and develop- ments for each, including an evaluation of the role of Sematech. (c) Membership The Council shall be composed of 16 members as follows: (1) The Under Secretary of Defense for Ac- quisition, Technology, and Logistics who shall be Cochairman of the Council. (2) The Under Secretary of Energy respon- sible for science and technology matters. (3) The Under Secretary of Commerce for Technology. (4) The Director of the Office of Science and Technology Policy. (5) The Assistant to the President for Eco- nomic Policy. (6) The Director of the National Science Foundation. (7) Ten members appointed by the President as follows: (A) Four individuals who are eminent in the semiconductor device industry, one of whom shall be Cochairman of the Council. (B) Two individuals who are eminent in the semiconductor equipment and materials industry. (C) Three individuals who are eminent in the semiconductor user industry, including representatives from the telecommuni- cations and computer industries. (D) One individual who is eminent in an academic institution. (d) Terms of membership Each member of the Council appointed under subsection (c)(7) shall be appointed for a term of three years, except that of the members first ap- pointed, two shall be appointed for a term of one year, five shall be appointed for a term of two years, and three shall be appointed for a term of three years, as designated by the President at the time of appointment. A member of the Coun- cil may serve after the expiration of the mem- ber’s term until a successor has taken office. (e) Vacancies A vacancy in the Council shall not affect its powers but, in the case of a member appointed under subsection (c)(7), shall be filled in the same manner as the original appointment was made. Any member appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of such term. (f) Quorum Eleven members of the Council shall con- stitute a quorum. Page 2130 TITLE 15—COMMERCE AND TRADE § 4603a (g) Meetings The Council shall meet at the call of a Co- chairman. (h) Compensation (1) Each member of the Council shall serve without compensation. (2) While away from their homes or regular places of business in the performance of duties for the Council, members of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for em- ployees of agencies under sections 5702 and 5703 of title 5. (i) Chapter 10 of title 5 Section 1013 of title 5 shall not apply to the Council. (j) Support for Council The Council shall use Federal funds made available to Sematech as needed for general and administrative support in accomplishing the Council’s purposes. (Pub. L. 100–180, div. A, title II, § 273, Dec. 4, 1987, 101 Stat. 1070; Pub. L. 102–245, title I, § 103(e), Feb. 14, 1992, 106 Stat. 9; Pub. L. 103–160, div. A, title II, § 263(b), (c)(3)–(e), Nov. 30, 1993, 107 Stat. 1608, 1610; Pub. L. 103–337, div. A, title II, § 251, Oct. 5, 1994, 108 Stat. 2702; Pub. L. 106–65, div. A, title IX, § 911(a)(1), Oct. 5, 1999, 113 Stat. 717; Pub. L. 117–286, § 4(a)(72), Dec. 27, 2022, 136 Stat. 4313.) Editorial Notes AMENDMENTS 2022—Subsec. (i). Pub. L. 117–286 substituted ‘‘Chapter 10 of title 5’’ for ‘‘Federal Advisory Committee Act’’ in heading and ‘‘Section 1013 of title 5’’ for ‘‘Section 14 of the Federal Advisory Committee Act’’ in text. 1999—Subsec. (c)(1). Pub. L. 106–65 substituted ‘‘Under Secretary of Defense for Acquisition, Technology, and Logistics’’ for ‘‘Under Secretary of Defense for Acquisi- tion and Technology’’. 1994—Subsec. (b)(2)(I). Pub. L. 103–337 inserted ‘‘and submit to Congress by March 31 of each year’’ after ‘‘Publish’’. 1993—Pub. L. 103–160, § 263(b), substituted ‘‘Semicon- ductor Technology Council’’ for ‘‘Advisory Council’’ in section catchline. Subsec. (a). Pub. L. 103–160, § 263(b), added subsec. (a) and struck out former subsec. (a) which read as follows: ‘‘There is established the Advisory Council on Federal Participation in Sematech.’’ Subsec. (b). Pub. L. 103–160, § 263(b), added subsec. (b) and struck out former subsec. (b) which related to the functions of the Advisory Council of Federal Participa- tion in Sematech. Subsec. (c). Pub. L. 103–160, § 263(b), added subsec. (c) and struck out former subsec. (c) which related to the membership of the Advisory Council on Federal Par- ticipation in Sematech. Subsec. (d). Pub. L. 103–160, § 263(c)(3)(A), substituted ‘‘subsection (c)(7)’’ for ‘‘subsection (c)(6)’’ and ‘‘five shall be appointed for a term of two years’’ for ‘‘two shall be appointed for a term of two years’’. Subsec. (e). Pub. L. 103–160, § 263(c)(3)(B), substituted ‘‘subsection (c)(7)’’ for ‘‘subsection (c)(6)’’. Subsec. (f). Pub. L. 103–160, § 263(c)(3)(C), substituted ‘‘Eleven members’’ for ‘‘Seven members’’. Subsec. (g). Pub. L. 103–160, § 263(d), substituted ‘‘a Co- chairman’’ for ‘‘the Chairman or a majority of its mem- bers’’. Subsec. (j). Pub. L. 103–160, § 263(e), added subsec. (j). 1992—Subsec. (c)(4). Pub. L. 102–245 substituted ‘‘Technology’’ for ‘‘Economic Affairs’’. Statutory Notes and Related Subsidiaries TERMINATION OF ADVISORY COUNCIL ON FEDERAL PARTICIPATION IN SEMATECH Pub. L. 103–160, div. A, title II, § 263(a), Nov. 30, 1993, 107 Stat. 1608, provided that: ‘‘The advisory council known as the Advisory Council on Federal Participa- tion in Sematech, established by section 273 of the Na- tional Defense Authorization Act for Fiscal Years 1988 and 1989 (15 U.S.C. 4603), is hereby terminated.’’ FIRST MEETING OF SEMICONDUCTOR TECHNOLOGY COUNCIL Pub. L. 103–160, div. A, title II, § 263(f), Nov. 30, 1993, 107 Stat. 1610, provided that: ‘‘The first meeting of the Semiconductor Technology Council shall be held not later than 45 days after the date of the enactment of this Act [Nov. 30, 1993].’’ REFERENCES TO TERMINATED COUNCIL Pub. L. 103–160, div. A, title II, § 263(g), Nov. 30, 1993, 107 Stat. 1610, provided that: ‘‘A reference in any provi- sion of law to the Advisory Council on Federal Partici- pation in Sematech shall be deemed to refer to the Semiconductor Technology Council established by sec- tion 273 of the National Defense Authorization Act for Fiscal Years 1988 and 1989 [15 U.S.C. 4603], as amended by subsection (b).’’ § 4603a. Study and report by Semiconductor Technology Council (a) Study and report Not later than February 1, 1989, and annually thereafter for each fiscal year in which appro- priated funds are expended for Sematech the Semiconductor Technology Council established under section 4603(a) of this title shall conduct a study and submit a report to the Governmental Affairs Committee and the Armed Services Com- mittee of the Senate and to appropriate commit- tees of the House of Representatives concerning Federal participation in Sematech. The study and report shall be conducted under the direc- tion of the Under Secretary of Commerce for Technology. (b) Council recommendations and report The Council shall include in the report sub- mitted under subsection (a) the following: (1) identification of potential sources of Fed- eral funding from department and agency budgets for Sematech and recommendations concerning methods and terms of Federal fi- nancial participation in Sematech, including grants, loans, loan guarantees, and contribu- tions in kind. The feasibility of methods of Federal recoupment shall also be considered; (2) definition and assessment of continued Federal participation in Sematech including, but not limited to, issues of technology re- search and development, civilian and defense industrial base objectives and initiatives, and commercialization. The report shall include a summary of the most recent plans, milestones, and cost estimates for Sematech, including any changes and alterations, and shall com- ment on Sematech’s accomplishments and shortfalls in the preceding fiscal year; (3) coordination of inter-agency participa- tion, including all matters pertaining to Fed- eral funding and decisionmaking, and other issues regarding Federal participation in Sematech; and