15 U.S.C. § 4603a — Study and report by Semiconductor

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 Page 2131 TITLE 15—COMMERCE AND TRADE § 4621 1 See References in Text note below. (4) any other issues and questions the Coun- cil deems appropriate shall be considered. (Pub. L. 100–418, title V, § 5422, Aug. 23, 1988, 102 Stat. 1468; Pub. L. 102–245, title I, § 103(e), Feb. 14, 1992, 106 Stat. 9; Pub. L. 103–160, div. A, title II, § 263(g), Nov. 30, 1993, 107 Stat. 1610.) Editorial Notes CODIFICATION Section was enacted as part of the Omnibus Trade and Competitiveness Act of 1988, and not as part of part F of title II of division A of Pub. L. 100–180 which com- prises this subchapter. AMENDMENTS 1993—Pub. L. 103–160 substituted ‘‘Semiconductor Technology Council’’ for ‘‘Advisory Council on Federal Participation in Sematech’’ in section catchline and subsec. (a). 1992—Subsec. (a). Pub. L. 102–245 substituted ‘‘Tech- nology’’ for ‘‘Economic Affairs’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Gov- ernmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Con- gress, Oct. 9, 2004. § 4604. Repealed. Pub. L. 104–66, title I, § 1031(a)(2), Dec. 21, 1995, 109 Stat. 714 Section, Pub. L. 100–180, div. A, title II, § 274, Dec. 4, 1987, 101 Stat. 1071, directed Comptroller General to re- view annual reports submitted by auditor on Sematech funding and transmit comments to Congress. § 4605. Export of semiconductor manufacturing Any export of materials, equipment, and tech- nology developed by Sematech in whole or in part with financial assistance provided under section 4602(a) of this title shall be subject to the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) 1 and shall not be subject to the Arms Export Control Act [22 U.S.C. 2751 et seq.]. (Pub. L. 100–180, div. A, title II, § 275, Dec. 4, 1987, 101 Stat. 1071.) Editorial Notes REFERENCES IN TEXT The Export Administration Act of 1979, referred to in text, is Pub. L. 96–72, Sept. 29, 1979, 93 Stat. 503, which was classified principally to section 2401 et seq. of the former Appendix to Title 50, War and National Defense, prior to editorial reclassification and renumbering as chapter 56 (§ 4601 et seq.) of Title 50, and was repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232, except for sections 11A, 11B, and 11C thereof (50 U.S.C. 4611, 4612, 4613). The Arms Export Control Act, referred to in text, is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, which is clas- sified principally to chapter 39 (§ 2751 et seq.) of Title 22, Foreign Relations and Intercourse. For complete clas- sification of this Act to the Code, see Short Title note set out under section 2751 of Title 22 and Tables. § 4606. Protection of information (a) Freedom of Information Act Section 552 of title 5 shall not apply to infor- mation obtained by the Federal Government on a confidential basis under section 4602(b)(5) of this title. (b) Intellectual property Notwithstanding any other provision of law, intellectual property, trade secrets, and tech- nical data owned and developed by Sematech or any of the participants in Sematech may not be disclosed by any officer or employee of the De- partment of Defense except as provided in the provision included in the memorandum of under- standing pursuant to section 4602(b)(5) of this title. (Pub. L. 100–180, div. A, title II, § 276, Dec. 4, 1987, 101 Stat. 1071.) SUBCHAPTER II—DEPARTMENT OF EN- ERGY SEMICONDUCTOR TECHNOLOGY RE- SEARCH EXCELLENCE INITIATIVE § 4621. Findings Congress makes the following findings: (1) Semiconductors and related microelec- tronic devices are key components in com- puters, telecommunications equipment, ad- vanced defense systems, and other equipment. (2) Aggregate sales of such equipment, in ex- cess of $230,000,000,000 annually, comprise a significant portion of the gross national prod- uct of the United States. (3) The leadership position of the United States in advanced technology is threatened by (A) competition from foreign businesses which is promoted and facilitated by the in- creasingly active involvement of foreign gov- ernments, and (B) other changes in the nature of foreign competition. (4) The principal cause of the relative shift in strength of the United States and its semi- conductor competitors is the establishment of a long-term goal by a major foreign compet- itor to achieve world superiority in semicon- ductor research and manufacturing tech- nology and the pursuit of such goal by that competitor by effectively marshalling all of the government, industry, and academic re- sources needed to achieve that goal. (5) Although the United States semicon- ductor industry leads all other principal United States industries in terms of its rein- vestment in research and development, that has been insufficient by worldwide standards. (6) Electronic equipment is essential to pro- tect the national security of the United States, as is evidenced by the allocation of ap- proximately 35 percent of the total research, development, and procurement budgets of the Department of Defense to electronics research. (7) The Armed Forces of the United States will eventually depend extensively on foreign semiconductor technology unless significant steps are taken, and taken at an early date, to retain United States leadership in semicon- ductor technology research. (8) It is in the interests of the national secu- rity and national economy of the United States for the United States to regain its tra- ditional world leadership in the field of semi- conductors. (9) The most effective means of regaining that leadership is through a joint research ef-