15 U.S.C. § 4658 — Defense Production Act of 1950 efforts

Page 2152 TITLE 15—COMMERCE AND TRADE § 4657 1 So in original. Probably should be followed by a period. turing. The Secretary of Commerce may award finan- cial assistance to any Manufacturing USA Institute for work relating to semiconductor manufacturing.’’ for ‘‘is focused on semiconductor manufacturing.’’, and ‘‘Such institutes may emphasize’’ for ‘‘Such institute may emphasize’’. Subsec. (h). Pub. L. 117–167, § 103(c)(5), added subsec. (h). § 4657. Prohibition relating to foreign entities of concern None of the funds authorized to be appro- priated to carry out this chapter may be pro- vided to a foreign entity of concern. (Pub. L. 116–283, div. H, title XCIX, § 9907, Jan. 1, 2021, 134 Stat. 4860.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this subtitle’’ and was translated as reading ‘‘this title’’, meaning title XCIX of div. H of Pub. L. 116–283, to reflect the probable intent of Congress. § 4658. Defense Production Act of 1950 efforts (a) In general Not later than 180 days after January 1, 2021, the President shall submit to Congress a report on a plan of action for any use of authorities available in title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.) to establish or enhance a domestic production capability for microelectronics technologies and related tech- nologies, subject to— (1) the availability of appropriations for that purpose; and (2) a determination made under the plan pur- suant to such title III that such technologies are essential to the national defense and that domestic industrial capabilities are insuffi- cient to meet these needs. (b) Coordination The President shall develop the plan of action required by subsection (a) in consultation with any relevant head of a Federal agency, an advi- sory committee established under section 708(d) of the Defense Production Act of 1950 (50 U.S.C. 4558(d)), and appropriate stakeholders in the pri- vate sector. (Pub. L. 116–283, div. H, title XCIX, § 9908, Jan. 1, 2021, 134 Stat. 4860.) Editorial Notes REFERENCES IN TEXT The Defense Production Act of 1950, referred to in subsec. (a), is act Sept. 8, 1950, ch. 932, 64 Stat. 798, which is classified principally to chapter 55 (§ 4501 et seq.) of Title 50, War and National Defense. Title III of the Act is classified generally to subchapter II (§ 4531 et seq.) of chapter 55. For complete classification of this Act to the Code, see section 4501 of Title 50 and Tables. § 4659. Additional authorities (a) In general In carrying out the responsibilities of the De- partment of Commerce under this chapter, the Secretary may— (1) enter into agreements, including con- tracts, grants and cooperative agreements, and other transactions as may be necessary and on such terms as the Secretary considers appropriate; (2) make advance payments under agree- ments and other transactions authorized under paragraph (1) without regard to section 3324 of title 31; (3) require a person or other entity to make payments to the Department of Commerce upon application and as a condition for receiv- ing support through an award of assistance or other transaction; (4) procure temporary and intermittent serv- ices of experts and consultants in accordance with section 3109 of title 5; (5) notwithstanding section 3104 of title 5 or the provisions of any other law relating to the appointment, number, classification, or com- pensation of employees, make appointments of scientific, engineering, and professional per- sonnel, and fix the basic pay of such personnel at a rate to be determined by the Secretary at rates not in excess of the highest total annual compensation payable at the rate determined under section 104 of title 3, except that the Secretary shall appoint not more than 25 per- sonnel under this paragraph; (6) with the consent of another Federal agen- cy, enter into an agreement with that Federal agency to use, with or without reimburse- ment, any service, equipment, personnel, or facility of that Federal agency; and (7) establish such rules, regulations, and pro- cedures as the Secretary considers appro- priate. (b) Requirement Any funds received from a payment made by a person or entity pursuant to subsection (a)(3) shall be credited to and merged with the ac- count from which support to the person or enti- ty was made 1 (c) Lead Federal agency and cooperating agen- cies (1) Definition In this subsection, the term ‘‘lead agency’’ has the meaning given the term in section 111 of NEPA (42 U.S.C. 4336e). (2) Option to serve as lead agency With respect to a covered activity that is a major Federal action under NEPA, and with respect to which the Department of Commerce is authorized or required by law to issue an au- thorization or take action for or relating to that covered activity, the Department of Com- merce shall have the first right to serve as the lead agency with respect to that covered ac- tivity under NEPA. (d) Categorical exclusions (1) Establishment of categorical exclusions Each of the following categorical exclusions is established for the National Institute of Standards and Technology with respect to a covered activity and, beginning on October 2, 2024, is available for use by the Secretary with respect to a covered activity: (A) Categorical exclusion 17.04.d (relating to the acquisition of machinery and equip-