§ 4602. — Grants to Sematech.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC4602]
TITLE 15--COMMERCE AND TRADE
CHAPTER 72--SEMICONDUCTOR RESEARCH
SUBCHAPTER I--COOPERATIVE RESEARCH PROGRAM
Sec. 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 development of
semiconductor manufacturing technology. The grants shall be made in
accordance with a memorandum of understanding entered into under
subsection (b) of this section.
(b) Memorandum of understanding
The Secretary of Defense shall enter into a memorandum of
understanding with Sematech for the purposes of this subchapter. The
memorandum of understanding shall require the following:
(1) That Sematech have--
(A) a charter agreed to by all representatives of the
semiconductor industry that are participating members of
Sematech; and
(B) an annual operating plan that is developed 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 manufacturing 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 development 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 permitted to use
intellectual property, trade secrets, and technical data owned and
developed by Sematech in the same manner as a participant in
Sematech and to transfer such intellectual 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 transfer 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 productivity of United States
semiconductor firms.
(c) Construction of memorandum of understanding
The memorandum of understanding entered into under subsection (b) of
this section 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 section 2306a of title 10,
section 2168 of the Appendix to title 50, and the Federal Acquisition
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, development, test, and evaluation, $100,000,000 may
be obligated only to make grants under this section.
(Pub. L. 100-180, div. A, title II, Sec. 272, Dec. 4, 1987, 101 Stat.
1068; Pub. L. 103-160, div. A, title II, Sec. 263(c)(2), Nov. 30, 1993,
107 Stat. 1610.)
Amendments
1993--Subsec. (b)(1)(B). Pub. L. 103-160 substituted ``Semiconductor
Technology Council'' for ``Advisory Council on Federal Participation in
Sematech''.
Section Referred to in Other Sections
This section is referred to in section 4606 of this title.
