
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
