15 U.S.C. § 4605 — Export of semiconductor manufacturing

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 Repealed.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 of Title 50, and was repealed by Pub.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-