§ 4602. Grants to Sematech

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1987

   National Defense Authorization Act for Fiscal Years 1988 and 1989

   Pub. L. 100–180 div. A title II § 272 · 101 Stat. 1019

   Enacted · 15 U.S.C. § 4602

   Pub. L. 100–180, div. A, title II, § 272, Dec. 4, 1987, 101 Stat. 1068

   Source evidence

   Code source credit
   Pub. L. 100–180, div. A, title II, § 272, Dec. 4, 1987, 101 Stat. 1068

   Enacted provision · exact public law section
   SEC. 272. GRANTS TO SEMATECH (a) Authority to Make Grants.— The Secretary of Defense shall make grants, in accordance with section 6304 of title 31, United States Code, 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). (b) Memorandum of Understanding.— The Secretary of Defense shall enter into a memorandum of understanding with Sematech for the purposes of this part. 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 Advisory Council on Federal Participation in Sematech. (2) That the total amount of funds made available to State and local governments. 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) Reports. 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 part, 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. Contracts. 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 Contracts. 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 section 2306a of title 10, United States Code, section 719 of the Defense Production Act of 1950 (50 U.S.C. App. 2168), 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.

2. 1993

   Pub. L. 103–160 div. A title II § 263(c)(2) · 107 Stat. 1547

   Substituted · 15 U.S.C. § 4602(b)(1)(B)

   Pub. L. 103–160 substituted “Semiconductor Technology Council” for “Advisory Council on Federal Participation in Sematech”

   Source evidence

   Code amendment note
   Subsec. (b)(1)(B). Pub. L. 103–160 substituted “Semiconductor Technology Council” for “Advisory Council on Federal Participation in Sematech”.

   Enacted provision · exact public law section
   (2) Section 272(b)(1)(B) (15 U.S.C. 4602(b)(1)(B)) is amended by striking out “Advisory Council on Federal Participation in Sematech” and inserting in lieu thereof “Semiconductor Technology Council”.

3. 2021

   National Defense Authorization Act for Fiscal Year 2022

   Pub. L. 117–81 div. A title XVII § 1702(e)(7) · 135 Stat. 1541

   Substituted · 15 U.S.C. § 4602(c)

   Pub. L. 117–81 substituted “chapter 271” for “section 2306a”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 117–81 substituted “chapter 271” for “section 2306a”.

   Enacted provision · exact public law section
   (7) Section 272 of the National Defense Authorization Act for Fiscal Years 1988 and 1989 (Public Law 100–180; 15 U.S.C. 4602) is amended in subsection (c) by striking “section 2306a” and inserting “chapter 271”.

3 of 3 references resolved to an enrolled provision