15 U.S.C. § 4602 — Grants to Sematech

Page 2128 TITLE 15—COMMERCE AND TRADE § 4602 1 See References in Text note below. (1) to encourage the semiconductor industry in the United States— (A) to conduct research on advanced semi- conductor manufacturing techniques; and (B) to develop techniques to use manufac- turing expertise for the manufacture of a va- riety of semiconductor products; and (2) in order to achieve the purpose set out in paragraph (1), to provide a grant program for the financial support of semiconductor re- search activities conducted by Sematech. (c) Definitions In this subchapter: (1) The terms ‘‘Semiconductor Technology Council’’ and ‘‘Council’’ mean the advisory council established by section 4603 of this title. (2) The term ‘‘Sematech’’ means a consor- tium of firms in the United States semicon- ductor industry established for the purposes of (A) conducting research concerning advanced semiconductor manufacturing techniques, and (B) developing techniques to adapt manufac- turing expertise to a variety of semiconductor products. (Pub. L. 100–180, div. A, title II, § 271, Dec. 4, 1987, 101 Stat. 1068; Pub. L. 103–160, div. A, title II, § 263(c)(1), Nov. 30, 1993, 107 Stat. 1610.) Editorial Notes AMENDMENTS 1993—Subsec. (c)(1). Pub. L. 103–160 substituted ‘‘Semiconductor Technology Council’’ for ‘‘Advisory Council on Federal Participation in Sematech’’. § 4602. Grants to Sematech (a) Authority to make grants The Secretary of Defense shall make grants, in accordance with section 6304 of title 31, to Sematech in order to defray expenses incurred by Sematech in conducting research on and de- velopment of semiconductor manufacturing technology. The grants shall be made in accord- ance with a memorandum of understanding en- tered into under subsection (b). (b) Memorandum of understanding The Secretary of Defense shall enter into a memorandum of understanding with Sematech for the purposes of this subchapter. The memo- randum of understanding shall require the fol- lowing: (1) That Sematech have— (A) a charter agreed to by all representa- tives of the semiconductor industry that are participating members of Sematech; and (B) an annual operating plan that is devel- oped in consultation with the Secretary of Defense and the Semiconductor Technology Council. (2) That the total amount of funds made available to Sematech by Federal, State, and local government agencies for any fiscal year for the support of research and development activities of Sematech under this section may not exceed 50 percent of the total cost of such activities. (3) That Sematech, in conducting research and development activities pursuant to the memorandum of understanding, cooperate with and draw on the expertise of the national laboratories of the Department of Energy and of colleges and universities in the United States in the field of semiconductor manufac- turing technology. (4) That an independent, commercial auditor be retained (A) to determine the extent to which the funds made available to Sematech by the United States for the research and de- velopment activities of Sematech have been expended in a manner that is consistent with the purposes of this subchapter, the charter of Sematech, and the annual operating plan of Sematech, and (B) to submit to the Secretary of Defense, Sematech, and the Comptroller General of the United States an annual report containing the findings and determinations of such auditor. (5) That (A) the Secretary of Defense be per- mitted to use intellectual property, trade se- crets, and technical data owned and developed by Sematech in the same manner as a partici- pant in Sematech and to transfer such intel- lectual property, trade secrets, and technical data to Department of Defense contractors for use in connection with Department of Defense requirements, and (B) the Secretary not be permitted to transfer such property to any person for commercial use. (6) That Sematech take all steps necessary to maximize the expeditious and timely trans- fer of technology developed and owned by Sematech to the participants in Sematech in accordance with the agreement between Sematech and those participants and for the purpose of improving manufacturing produc- tivity of United States semiconductor firms. (c) Construction of memorandum of under- standing The memorandum of understanding entered into under subsection (b) shall not be considered to be a contract for the purpose of any law or regulation relating to the formation, content, and administration of contracts awarded by the Federal Government and subcontracts under such contracts, including chapter 271 of title 10, section 719 of the Defense Production Act of 1950 (50 U.S.C. App. 2168),1 and the Federal Acquisi- tion Regulations, and such provisions of law and regulation shall not apply with respect to the memorandum of understanding. (d) Funding for FY88 Of the amounts appropriated to the Defense Agencies for fiscal year 1988 for research, devel- opment, test, and evaluation, $100,000,000 may be obligated only to make grants under this sec- tion. (Pub. L. 100–180, div. A, title II, § 272, Dec. 4, 1987, 101 Stat. 1068; Pub. L. 103–160, div. A, title II, § 263(c)(2), Nov. 30, 1993, 107 Stat. 1610; Pub. L. 117–81, div. A, title XVII, § 1702(e)(7), Dec. 27, 2021, 135 Stat. 2157.) Editorial Notes REFERENCES IN TEXT Section 719 of the Defense Production Act of 1950, re- ferred to in subsec. (c), is section 719 of act Sept. 8, 1950, 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.