15 U.S.C. § 4601 — Findings, purposes, and definitions

Page 2127 TITLE 15—COMMERCE AND TRADE § 4601 1 See References in Text note below. applies have been collected and disbursed as provided in this chapter; and (B) submits to Congress the final report re- quired by section 4505 of this title. (2) Such final report shall include the deter- mination (and the justification thereof) de- scribed in paragraph (1)(A). Such report shall also be published in the Federal Register. (b) Exception The requirements of section 4502(d) 1 of this title shall continue to be applicable to the use of restitutionary amounts received under this chapter as long as such funds remain available. (Pub. L. 99–509, title III, § 3007, Oct. 21, 1986, 100 Stat. 1887.) Editorial Notes REFERENCES IN TEXT Section 4502(d) of this title, referred to in subsec. (b), was repealed by section 4502(e) of this title. § 4507. Definitions For purposes of this chapter: (1) The term ‘‘Secretary’’ means the Sec- retary of Energy. (2) The term ‘‘subpart V regulations’’ means the provisions of Subpart V—Special Proce- dures for Distribution of Refunds (10 CFR 205.280–205.288) and any amendment made after October 21, 1986, and all precedents and deci- sions under such regulations, but only to the extent that such provisions, precedents, deci- sions, and amendments are consistent with the provisions of this chapter. (3) The term ‘‘energy conservation pro- grams’’ means— (A) the program under part A of the En- ergy Conservation and Existing Buildings Act of 1976 (42 U.S.C. 6861 and following); (B) the programs under part D of title III of the Energy Policy and Conservation Act (relating to primary and supplemental State energy conservation programs; 42 U.S.C. 6321 and following); (C) the program under part G of title III of the Energy Policy and Conservation Act (re- lating to energy conservation for schools and hospitals; 42 U.S.C. 6371 and following); and (D) the program under the National En- ergy Extension Service Act (42 U.S.C. 7001 and following). (4) The term ‘‘person’’ includes refiners, re- tailers, resellers, farmer cooperatives, trans- portation entities, public and private utilities, school districts, Federal, State, and local gov- ernmental entities, farmers, and other individ- uals and their successors. (5) The term ‘‘State’’ means each of the sev- eral States, the District of Columbia, the com- monwealth of Puerto Rico, and any territory or possession of the United States. (Pub. L. 99–509, title III, § 3008, Oct. 21, 1986, 100 Stat. 1887.) Editorial Notes REFERENCES IN TEXT The Energy Conservation and Existing Buildings Act of 1976, referred to in par. (3)(A), probably means the Energy Conservation and Existing Buildings Act of 1976, which is title IV of Pub. L. 94–385, Aug. 14, 1976, 90 Stat. 1150. Part A of the Energy Conservation and Ex- isting Buildings Act of 1976, is classified generally to part A (§ 6861 et seq.) of subchapter III of chapter 81 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 6801 of Title 42 and Tables. The Energy Policy and Conservation Act, referred to in par. (3)(B), (C), is Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 871. Parts D and G of title III of the Energy Policy and Conservation Act are classified generally to parts B (§ 6321 et seq.) and E (§ 6371 et seq.), respectively, of sub- chapter III of chapter 77 of Title 42. For complete clas- sification of this Act to the Code, see Short Title note set out under section 6201 of Title 42 and Tables. The National Energy Extension Service Act, referred to in par. (3)(D), is title V of Pub. L. 95–39, June 3, 1977, 91 Stat. 191, which was classified principally to chapter 83 (§ 7001 et seq.) of Title 42 and was repealed by Pub. L. 102–486, title I, § 143(a), Oct. 24, 1992, 106 Stat. 2843. For complete classification of this Act to the Code, see Short Title note set out under section 7001 of Title 42 and Tables. CHAPTER 72—SEMICONDUCTOR RESEARCH SUBCHAPTER I—COOPERATIVE RESEARCH PROGRAM Sec. 4601. Findings, purposes, and definitions. 4602. Grants to Sematech. 4603. Semiconductor Technology Council. 4603a. Study and report by Semiconductor Tech- nology Council. 4604. Repealed. 4605. Export of semiconductor manufacturing. 4606. Protection of information. SUBCHAPTER II—DEPARTMENT OF ENERGY SEMICONDUCTOR TECHNOLOGY RESEARCH EX- CELLENCE INITIATIVE 4621. Findings. 4622. Establishment of semiconductor manufac- turing technology research initiative. 4623. Participation of national laboratories of De- partment of Energy. 4624. Personnel exchanges. 4625. Other Department of Energy resources. 4626. Budgeting for semiconductor manufacturing technology research. 4627. Cost-sharing agreements. 4628. Department of Energy oversight of coopera- tive agreements relating to Initiative. 4629. Avoidance of duplication. 4630. Authorization of appropriations. 4631. Technology transfer. 4632. Semiconductor research and development. SUBCHAPTER I—COOPERATIVE RESEARCH PROGRAM § 4601. Findings, purposes, and definitions (a) Findings The Congress finds that it is in the national economic and security interests of the United States for the Department of Defense to provide financial assistance to the industry consortium known as Sematech for research and develop- ment activities in the field of semiconductor manufacturing technology. (b) Purposes The purposes of this subchapter are— 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,