US (United States) Code. Title 15. Chapter 72: Semiconductor research

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Commerce and Trade

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15 USC CHAPTER 72 - SEMICONDUCTOR RESEARCH 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 72 - SEMICONDUCTOR RESEARCH

.

-HEAD-

CHAPTER 72 - SEMICONDUCTOR RESEARCH

-MISC1-

SUBCHAPTER I - COOPERATIVE RESEARCH PROGRAM

Sec.

4601. Findings, purposes, and definitions.

(a) Findings.

(b) Purposes.

(c) Definitions.

4602. Grants to Sematech.

(a) Authority to make grants.

(b) Memorandum of understanding.

(c) Construction of memorandum of understanding.

(d) Funding for FY88.

4603. Semiconductor Technology Council.

(a) Establishment.

(b) Purposes and functions.

(c) Membership.

(d) Terms of membership.

(e) Vacancies.

(f) Quorum.

(g) Meetings.

(h) Compensation.

(i) Federal Advisory Committee Act.

(j) Support for Council.

4603a. Study and report by Semiconductor Technology Council.

(a) Study and report.

(b) Council recommendations and report.

4604. Repealed.

4605. Export of semiconductor manufacturing.

4606. Protection of information.

(a) Freedom of Information Act.

(b) Intellectual property.

SUBCHAPTER II - DEPARTMENT OF ENERGY SEMICONDUCTOR TECHNOLOGY

RESEARCH EXCELLENCE INITIATIVE

4621. Findings.

4622. Establishment of semiconductor manufacturing technology

research initiative.

4623. Participation of national laboratories of Department of

Energy.

(a) Mission of national laboratories.

(b) Agreements.

(c) Research and development.

4624. Personnel exchanges.

4625. Other Department of Energy resources.

(a) Availability of resources.

(b) Reimbursement.

4626. Budgeting for semiconductor manufacturing technology

research.

(a) Budget submission.

(b) Budget categories.

4627. Cost-sharing agreements.

(a) Permitted provisions.

(b) Limitations.

4628. Department of Energy oversight of cooperative agreements

relating to Initiative.

(a) Provisions relating to disapproval and

modification of agreements.

(b) Record of agreements.

4629. Avoidance of duplication.

4630. Authorization of appropriations.

4631. Technology transfer.

(a) In general.

(b) Plan for commercialization enhancement.

4632. Semiconductor research and development.

(a) Short title.

(b) Findings and purposes.

(c) Creation of Committee.

(d) Functions.

(e) Membership and procedures.

(f) Authorization of appropriations.

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15 USC SUBCHAPTER I - COOPERATIVE RESEARCH PROGRAM 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 72 - SEMICONDUCTOR RESEARCH

SUBCHAPTER I - COOPERATIVE RESEARCH PROGRAM

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SUBCHAPTER I - COOPERATIVE RESEARCH PROGRAM

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15 USC Sec. 4601 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 72 - SEMICONDUCTOR RESEARCH

SUBCHAPTER I - COOPERATIVE RESEARCH PROGRAM

-HEAD-

Sec. 4601. Findings, purposes, and definitions

-STATUTE-

(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 development activities in the

field of semiconductor manufacturing technology.

(b) Purposes

The purposes of this subchapter are -

(1) to encourage the semiconductor industry in the United

States -

(A) to conduct research on advanced semiconductor

manufacturing techniques; and

(B) to develop techniques to use manufacturing expertise for

the manufacture of a variety 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 research 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 consortium of firms in the

United States semiconductor industry established for the purposes

of (A) conducting research concerning advanced semiconductor

manufacturing techniques, and (B) developing techniques to adapt

manufacturing expertise to a variety of semiconductor products.

-SOURCE-

(Pub. L. 100-180, div. A, title II, Sec. 271, Dec. 4, 1987, 101

Stat. 1068; Pub. L. 103-160, div. A, title II, Sec. 263(c)(1),

Nov. 30, 1993, 107 Stat. 1610.)

-MISC1-

AMENDMENTS

1993 - Subsec. (c)(1). Pub. L. 103-160 substituted

''Semiconductor Technology Council'' for ''Advisory Council on

Federal Participation in Sematech''.

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15 USC Sec. 4602 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 72 - SEMICONDUCTOR RESEARCH

SUBCHAPTER I - COOPERATIVE RESEARCH PROGRAM

-HEAD-

Sec. 4602. Grants to Sematech

-STATUTE-

(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.

-SOURCE-

(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.)

-MISC1-

AMENDMENTS

1993 - Subsec. (b)(1)(B). Pub. L. 103-160 substituted

''Semiconductor Technology Council'' for ''Advisory Council on

Federal Participation in Sematech''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4606 of this title.

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15 USC Sec. 4603 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 72 - SEMICONDUCTOR RESEARCH

SUBCHAPTER I - COOPERATIVE RESEARCH PROGRAM

-HEAD-

Sec. 4603. Semiconductor Technology Council

-STATUTE-

(a) Establishment

There is established the Semiconductor Technology Council.

(b) Purposes and functions

(1) The purposes of the Council are the following:

(A) To link assessment by the semiconductor industry of future

market and national security needs to opportunities for

technology development through cooperative public and private

investment.

(B) To seek ways to respond to the technology challenges for

semiconductors by fostering precompetitive cooperation among

industry, the Federal Government, and institutions of higher

education.

(C) To make available judgments, assessments, insights, and

recommendations that relate to the opportunities for new research

and development efforts and the potential to better rationalize

and align industry and government contributions to semiconductor

research and development.

(2) The Council shall carry out the following functions:

(A) Advise Sematech and the Secretary of Defense on appropriate

technology goals and appropriate level of effort for the research

and development activities of Sematech.

(B) Review the emerging markets, technology developments, and

core technology challenges for semiconductor research and

development and semiconductor manufacturing and explore

opportunities for improved coordination among industry, the

Federal Government, and institutions of higher education

regarding such developments and challenges.

(C) Assess the effect on the appropriate role of Sematech of

public and private sector international agreements in

semiconductor research and development.

(D) Exchange views regarding the competitiveness of United

States semiconductor technology and new or emerging semiconductor

technologies that could affect national economic and security

interests.

(E) Exchange and update information and identify overlaps and

gaps regarding the efforts of industry, the Federal Government,

and institutions of higher education in semiconductor research

and development.

(F) Assess technology progress relative to industry

requirements and Federal Government requirements, responding as

appropriate to the challenges in the national semiconductor

technology roadmap developed by representatives of industry, the

Federal Government, and institutions of higher education.

(G) Make recommendations regarding the semiconductor technology

development efforts that should be supported by Federal agencies

and industry.

(H) Appoint subgroups as appropriate in connection with the

updating of the semiconductor technology roadmap.

(I) Publish and submit to Congress by March 31 of each year an

annual report addressing the semiconductor technology challenges

and developments for industry, government, and institutions of

higher education and the relationship among the challenges and

developments for each, including an evaluation of the role of

Sematech.

(c) Membership

The Council shall be composed of 16 members as follows:

(1) The Under Secretary of Defense for Acquisition, Technology,

and Logistics who shall be Cochairman of the Council.

(2) The Under Secretary of Energy responsible for science and

technology matters.

(3) The Under Secretary of Commerce for Technology.

(4) The Director of the Office of Science and Technology

Policy.

(5) The Assistant to the President for Economic Policy.

(6) The Director of the National Science Foundation.

(7) Ten members appointed by the President as follows:

(A) Four individuals who are eminent in the semiconductor

device industry, one of whom shall be Cochairman of the

Council.

(B) Two individuals who are eminent in the semiconductor

equipment and materials industry.

(C) Three individuals who are eminent in the semiconductor

user industry, including representatives from the

telecommunications and computer industries.

(D) One individual who is eminent in an academic institution.

(d) Terms of membership

Each member of the Council appointed under subsection (c)(7) of

this section shall be appointed for a term of three years, except

that of the members first appointed, two shall be appointed for a

term of one year, five shall be appointed for a term of two years,

and three shall be appointed for a term of three years, as

designated by the President at the time of appointment. A member

of the Council may serve after the expiration of the member's term

until a successor has taken office.

(e) Vacancies

A vacancy in the Council shall not affect its powers but, in the

case of a member appointed under subsection (c)(7) of this section,

shall be filled in the same manner as the original appointment was

made. Any member appointed to fill a vacancy for an unexpired term

shall be appointed for the remainder of such term.

(f) Quorum

Eleven members of the Council shall constitute a quorum.

(g) Meetings

The Council shall meet at the call of a Cochairman.

(h) Compensation

(1) Each member of the Council shall serve without compensation.

(2) While away from their homes or regular places of business in

the performance of duties for the Council, members of the Council

shall be allowed travel expenses, including per diem in lieu of

subsistence, at rates authorized for employees of agencies under

sections 5702 and 5703 of title 5.

(i) Federal Advisory Committee Act

Section 14 of the Federal Advisory Committee Act shall not apply

to the Council.

(j) Support for Council

The Council shall use Federal funds made available to Sematech as

needed for general and administrative support in accomplishing the

Council's purposes.

-SOURCE-

(Pub. L. 100-180, div. A, title II, Sec. 273, Dec. 4, 1987, 101

Stat. 1070; Pub. L. 102-245, title I, Sec. 103(e), Feb. 14, 1992,

106 Stat. 9; Pub. L. 103-160, div. A, title II, Sec. 263(b),

(c)(3)-(e), Nov. 30, 1993, 107 Stat. 1608, 1610; Pub. L. 103-337,

div. A, title II, Sec. 251, Oct. 5, 1994, 108 Stat. 2702; Pub. L.

106-65, div. A, title IX, Sec. 911(a)(1), Oct. 5, 1999, 113 Stat.

717.)

-REFTEXT-

REFERENCES IN TEXT

Section 14 of the Federal Advisory Committee Act, referred to in

subsec. (i), is section 14 of Pub. L. 92-463, which is set out in

the Appendix to Title 5, Government Organization and Employees.

-MISC2-

AMENDMENTS

1999 - Subsec. (c)(1). Pub. L. 106-65 substituted ''Under

Secretary of Defense for Acquisition, Technology, and Logistics''

for ''Under Secretary of Defense for Acquisition and Technology''.

1994 - Subsec. (b)(2)(I). Pub. L. 103-337 inserted ''and submit

to Congress by March 31 of each year'' after ''Publish''.

1993 - Pub. L. 103-160, Sec. 263(b), substituted ''Semiconductor

Technology Council'' for ''Advisory Council'' in section catchline.

Subsec. (a). Pub. L. 103-160, Sec. 263(b), added subsec. (a) and

struck out former subsec. (a) which read as follows: ''There is

established the Advisory Council on Federal Participation in

Sematech.''

Subsec. (b). Pub. L. 103-160, Sec. 263(b), added subsec. (b) and

struck out former subsec. (b) which related to the functions of the

Advisory Council of Federal Participation in Sematech.

Subsec. (c). Pub. L. 103-160, Sec. 263(b), added subsec. (c) and

struck out former subsec. (c) which related to the membership of

the Advisory Council on Federal Participation in Sematech.

Subsec. (d). Pub. L. 103-160, Sec. 263(c)(3)(A), substituted

''subsection (c)(7)'' for ''subsection (c)(6)'' and ''five shall be

appointed for a term of two years'' for ''two shall be appointed

for a term of two years''.

Subsec. (e). Pub. L. 103-160, Sec. 263(c)(3)(B), substituted

''subsection (c)(7)'' for ''subsection (c)(6)''.

Subsec. (f). Pub. L. 103-160, Sec. 263(c)(3)(C), substituted

''Eleven members'' for ''Seven members''.

Subsec. (g). Pub. L. 103-160, Sec. 263(d), substituted ''a

Cochairman'' for ''the Chairman or a majority of its members''.

Subsec. (j). Pub. L. 103-160, Sec. 263(e), added subsec. (j).

1992 - Subsec. (c)(4). Pub. L. 102-245 substituted ''Technology''

for ''Economic Affairs''.

TERMINATION OF ADVISORY COUNCIL ON FEDERAL PARTICIPATION IN

SEMATECH

Section 263(a) of Pub. L. 103-160 provided that: ''The advisory

council known as the Advisory Council on Federal Participation in

Sematech, established by section 273 of the National Defense

Authorization Act for Fiscal Years 1988 and 1989 (15 U.S.C. 4603),

is hereby terminated.''

FIRST MEETING OF SEMICONDUCTOR TECHNOLOGY COUNCIL

Section 263(f) of Pub. L. 103-160 provided that: ''The first

meeting of the Semiconductor Technology Council shall be held not

later than 45 days after the date of the enactment of this Act

(Nov. 30, 1993).''

REFERENCES TO TERMINATED COUNCIL

Section 263(g) of Pub. L. 103-160 provided that: ''A reference in

any provision of law to the Advisory Council on Federal

Participation in Sematech shall be deemed to refer to the

Semiconductor Technology Council established by section 273 of the

National Defense Authorization Act for Fiscal Years 1988 and 1989

(15 U.S.C. 4603), as amended by subsection (b).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4601, 4603a of this

title.

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15 USC Sec. 4603a 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 72 - SEMICONDUCTOR RESEARCH

SUBCHAPTER I - COOPERATIVE RESEARCH PROGRAM

-HEAD-

Sec. 4603a. Study and report by Semiconductor Technology Council

-STATUTE-

(a) Study and report

Not later than February 1, 1989, and annually thereafter for each

fiscal year in which appropriated funds are expended for Sematech

the Semiconductor Technology Council established under section

4603(a) of this title shall conduct a study and submit a report to

the Governmental Affairs Committee and the Armed Services Committee

of the Senate and to appropriate committees of the House of

Representatives concerning Federal participation in Sematech. The

study and report shall be conducted under the direction of the

Under Secretary of Commerce for Technology.

(b) Council recommendations and report

The Council shall include in the report submitted under

subsection (a) of this section the following:

(1) identification of potential sources of Federal funding from

department and agency budgets for Sematech and recommendations

concerning methods and terms of Federal financial participation

in Sematech, including grants, loans, loan guarantees, and

contributions in kind. The feasibility of methods of Federal

recoupment shall also be considered;

(2) definition and assessment of continued Federal

participation in Sematech including, but not limited to, issues

of technology research and development, civilian and defense

industrial base objectives and initiatives, and

commercialization. The report shall include a summary of the

most recent plans, milestones, and cost estimates for Sematech,

including any changes and alterations, and shall comment on

Sematech's accomplishments and shortfalls in the preceding fiscal

year;

(3) coordination of inter-agency participation, including all

matters pertaining to Federal funding and decisionmaking, and

other issues regarding Federal participation in Sematech; and

(4) any other issues and questions the Council deems

appropriate shall be considered.

-SOURCE-

(Pub. L. 100-418, title V, Sec. 5422, Aug. 23, 1988, 102 Stat.

1468; Pub. L. 102-245, title I, Sec. 103(e), Feb. 14, 1992, 106

Stat. 9; Pub. L. 103-160, div. A, title II, Sec. 263(g), Nov. 30,

1993, 107 Stat. 1610.)

-COD-

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 comprises this subchapter.

-MISC3-

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 ''Technology''

for ''Economic Affairs''.

-CITE-

15 USC Sec. 4604 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 72 - SEMICONDUCTOR RESEARCH

SUBCHAPTER I - COOPERATIVE RESEARCH PROGRAM

-HEAD-

Sec. 4604. Repealed. Pub. L. 104-66, title I, Sec. 1031(a)(2), Dec.

21, 1995, 109 Stat. 714

-MISC1-

Section, Pub. L. 100-180, div. A, title II, Sec. 274, Dec. 4,

1987, 101 Stat. 1071, directed Comptroller General to review annual

reports submitted by auditor on Sematech funding and transmit

comments to Congress.

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15 USC Sec. 4605 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 72 - SEMICONDUCTOR RESEARCH

SUBCHAPTER I - COOPERATIVE RESEARCH PROGRAM

-HEAD-

Sec. 4605. Export of semiconductor manufacturing

-STATUTE-

Any export of materials, equipment, and technology 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.) and shall

not be subject to the Arms Export Control Act (22 U.S.C. 2751 et

seq.).

-SOURCE-

(Pub. L. 100-180, div. A, title II, Sec. 275, Dec. 4, 1987, 101

Stat. 1071.)

-REFTEXT-

REFERENCES IN TEXT

The Export Administration Act of 1979, referred to in text, is

Pub. L. 96-72, Sept. 29, 1979, 93 Stat. 503, as amended, which is

classified principally to section 2401 et seq. of Title 50,

Appendix, War and National Defense. For complete classification of

this Act to the Code, see Short Title note set out under section

2401 of Title 50, Appendix, and Tables.

The Arms Export Control Act, referred to in text, is Pub. L.

90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is

classified principally to chapter 39 (Sec. 2751 et seq.) of Title

22, Foreign Relations and Intercourse. For complete classification

of this Act to the Code, see Short Title note set out under section

2751 of Title 22 and Tables.

-CITE-

15 USC Sec. 4606 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 72 - SEMICONDUCTOR RESEARCH

SUBCHAPTER I - COOPERATIVE RESEARCH PROGRAM

-HEAD-

Sec. 4606. Protection of information

-STATUTE-

(a) Freedom of Information Act

Section 552 of title 5 shall not apply to information 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 technical data owned and developed by

Sematech or any of the participants in Sematech may not be

disclosed by any officer or employee of the Department of Defense

except as provided in the provision included in the memorandum of

understanding pursuant to section 4602(b)(5) of this title.

-SOURCE-

(Pub. L. 100-180, div. A, title II, Sec. 276, Dec. 4, 1987, 101

Stat. 1071.)

-CITE-

15 USC SUBCHAPTER II - DEPARTMENT OF ENERGY SEMICONDUCTOR

TECHNOLOGY RESEARCH EXCELLENCE INITIATIVE 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 72 - SEMICONDUCTOR RESEARCH

SUBCHAPTER II - DEPARTMENT OF ENERGY SEMICONDUCTOR TECHNOLOGY

RESEARCH EXCELLENCE INITIATIVE

.

-HEAD-

SUBCHAPTER II - DEPARTMENT OF ENERGY SEMICONDUCTOR TECHNOLOGY

RESEARCH EXCELLENCE INITIATIVE

-CITE-

15 USC Sec. 4621 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 72 - SEMICONDUCTOR RESEARCH

SUBCHAPTER II - DEPARTMENT OF ENERGY SEMICONDUCTOR TECHNOLOGY

RESEARCH EXCELLENCE INITIATIVE

-HEAD-

Sec. 4621. Findings

-STATUTE-

Congress makes the following findings:

(1) Semiconductors and related microelectronic devices are key

components in computers, telecommunications equipment, advanced

defense systems, and other equipment.

(2) Aggregate sales of such equipment, in excess of

$230,000,000,000 annually, comprise a significant portion of the

gross national product 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 increasingly

active involvement of foreign governments, 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 semiconductor competitors is the

establishment of a long-term goal by a major foreign competitor

to achieve world superiority in semiconductor research and

manufacturing technology and the pursuit of such goal by that

competitor by effectively marshalling all of the government,

industry, and academic resources needed to achieve that goal.

(5) Although the United States semiconductor industry leads all

other principal United States industries in terms of its

reinvestment in research and development, that has been

insufficient by worldwide standards.

(6) Electronic equipment is essential to protect the national

security of the United States, as is evidenced by the allocation

of approximately 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 semiconductor technology

research.

(8) It is in the interests of the national security and

national economy of the United States for the United States to

regain its traditional world leadership in the field of

semiconductors.

(9) The most effective means of regaining that leadership is

through a joint research effort of the Federal Government and

private industry of the United States to improve semiconductor

manufacturing technology and to develop practical uses for such

technology.

(10) In order to meet the national defense needs of the United

States and to insure the continued vitality of a commercial

manufacturing base in the United States, it is essential that

priority be given to the development, demonstration, and

advancement of the semiconductor technology base in the United

States.

(11) The national laboratories of the Department of Energy are

a major national research resource, and the extensive involvement

of such laboratories in the semiconductor research initiatives of

the Federal Government and private industry would be an effective

use of such laboratories and would help insure the success of

such initiatives.

-SOURCE-

(Pub. L. 100-180, div. C, title I, Sec. 3141, Dec. 4, 1987, 101

Stat. 1241.)

-CITE-

15 USC Sec. 4622 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 72 - SEMICONDUCTOR RESEARCH

SUBCHAPTER II - DEPARTMENT OF ENERGY SEMICONDUCTOR TECHNOLOGY

RESEARCH EXCELLENCE INITIATIVE

-HEAD-

Sec. 4622. Establishment of semiconductor manufacturing technology

research initiative

-STATUTE-

The Secretary of Energy shall initiate and carry out a program

(hereinafter in this subchapter referred to as the ''Initiative'')

of research on semiconductor manufacturing technology and on the

practical applications of such technology. The Secretary may carry

out the Initiative in a way that complements the activities of a

consortium of United States semiconductor manufacturers, materials

manufacturers, and equipment manufacturers, established for the

purpose of conducting research concerning advanced semiconductor

manufacturing techniques and developing techniques to adopt

manufacturing expertise to a variety of semiconductor products.

-SOURCE-

(Pub. L. 100-180, div. C, title I, Sec. 3142, Dec. 4, 1987, 101

Stat. 1242.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in text, was in the original ''this

subtitle'' and was translated as reading ''this part'' meaning part

D of title I of division C of Pub. L. 100-180 which enacted this

subchapter, to reflect the probable intent of Congress because

title I did not contain subtitles.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4623, 4624 of this title.

-CITE-

15 USC Sec. 4623 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 72 - SEMICONDUCTOR RESEARCH

SUBCHAPTER II - DEPARTMENT OF ENERGY SEMICONDUCTOR TECHNOLOGY

RESEARCH EXCELLENCE INITIATIVE

-HEAD-

Sec. 4623. Participation of national laboratories of Department of

Energy

-STATUTE-

(a) Mission of national laboratories

Each national laboratory of the Department of Energy may

participate in research and development projects under the

Initiative in conjunction with the Department of Defense or with

any consortium, college, or university carrying out any project for

or in cooperation with any consortium referred to in section 4622

of this title, to the extent that such participation is consistent

with the missions of the national laboratory.

(b) Agreements

The Secretary of Energy may enter into such agreements with the

Secretary of Defense, with any consortium referred to in section

4622 of this title, and with any college or university as may be

necessary to provide for the active participation of the national

laboratories of the Department of Energy in the Initiative.

(c) Research and development

One or more national laboratories of the Department of Energy

shall participate in the Initiative by conducting research and

development activities relating to research on the development of

semiconductor manufacturing technologies. Such activities may

include research and development relating to materials fabrication,

materials characterization, design and modeling of devices, and new

processing equipment.

-SOURCE-

(Pub. L. 100-180, div. C, title I, Sec. 3143, Dec. 4, 1987, 101

Stat. 1243.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4625 of this title.

-CITE-

15 USC Sec. 4624 01/06/03

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-HEAD-

Sec. 4624. Personnel exchanges

-STATUTE-

The Secretary of Energy may authorize temporary exchanges of

personnel between the national laboratories of the Department of

Energy and any domestic firm or any consortium referred to in

section 4622 of this title that is participating in the Initiative.

The exchange of personnel shall be subject to such restrictions,

limitations, terms, and conditions that the Secretary of Energy

considers necessary in the interest of national security.

-SOURCE-

(Pub. L. 100-180, div. C, title I, Sec. 3144, Dec. 4, 1987, 101

Stat. 1243.)

-CITE-

15 USC Sec. 4625 01/06/03

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-HEAD-

Sec. 4625. Other Department of Energy resources

-STATUTE-

(a) Availability of resources

Subject to subsection (b) of this section, the Secretary of

Energy may make available to the Department of Defense, to any

other department or agency of the Federal Government, and to any

consortium that has entered into an agreement in furtherance of the

Initiative any facilities, personnel, equipment, services, and

other resources of the Department of Energy for the purpose of

conducting research and development projects under the Initiative

consistent with section 4623(a) of this title.

(b) Reimbursement

The Secretary may make facilities available under this section

only to the extent that the cost of the use of such facilities is

reimbursed by the user.

-SOURCE-

(Pub. L. 100-180, div. C, title I, Sec. 3145, Dec. 4, 1987, 101

Stat. 1243.)

-CITE-

15 USC Sec. 4626 01/06/03

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-HEAD-

Sec. 4626. Budgeting for semiconductor manufacturing technology

research

-STATUTE-

(a) Budget submission

To the extent the Secretary considers appropriate and necessary,

the Secretary of Energy, in preparing the research and development

budget of the Department of Energy to be included in the annual

budget submitted to the Congress by the President under section

1105(a) of title 31, shall provide for programs, projects, and

activities that encourage the development of new technology in the

field of semiconductors.

(b) Budget categories

The programs, projects, and activities described in subsection

(a) of this section shall be included in the budget for general

science and research activities of the Department of Energy, except

that any programs, projects, and activities that directly support

and directly benefit the defense activities of the Department shall

be included in the budget for atomic energy defense activities of

the Department of Energy.

-SOURCE-

(Pub. L. 100-180, div. C, title I, Sec. 3146, Dec. 4, 1987, 101

Stat. 1243.)

-CITE-

15 USC Sec. 4627 01/06/03

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-HEAD-

Sec. 4627. Cost-sharing agreements

-STATUTE-

(a) Permitted provisions

The director of each national laboratory of the Department of

Energy that is participating in the Initiative or the contractor

operating any such national laboratory, in carrying out programs

under a contract with the Department of Energy, may include in any

research and development agreement entered into with a domestic

firm in connection with such Initiative a cooperative provision for

the domestic firm to pay a portion of the cost of the research and

development activities.

(b) Limitations

(1) Not more than an amount equal to 1 percent of any national

laboratory's annual budget shall be received from nonappropriated

funds derived from contracts entered into under the Initiative in

any fiscal year, except to the extent approved in advance by the

Secretary of Energy.

(2) No Department of Energy national laboratory may receive more

than $10,000,000 of nonappropriated funds under any cooperative

research and development agreement entered into under this

subsection in connection with the Initiative, except to the extent

approved in advance by the Secretary of Energy.

-SOURCE-

(Pub. L. 100-180, div. C, title I, Sec. 3147, Dec. 4, 1987, 101

Stat. 1244.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4628 of this title.

-CITE-

15 USC Sec. 4628 01/06/03

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-HEAD-

Sec. 4628. Department of Energy oversight of cooperative agreements

relating to Initiative

-STATUTE-

(a) Provisions relating to disapproval and modification of

agreements

If the Secretary of Energy desires an opportunity to disapprove

or require the modification of any agreement under section 4627 of

this title, the agreement shall provide a 90-day period within

which such action may be taken, beginning on the date the agreement

is submitted to the Secretary.

(b) Record of agreements

Each national laboratory shall maintain a record of all

agreements entered into under this section.

-SOURCE-

(Pub. L. 100-180, div. C, title I, Sec. 3148, Dec. 4, 1987, 101

Stat. 1244.)

-CITE-

15 USC Sec. 4629 01/06/03

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-HEAD-

Sec. 4629. Avoidance of duplication

-STATUTE-

In carrying out the Initiative, the Secretary of Energy shall

ensure that unnecessary duplicative research is not performed at

the research facilities (including the national laboratories of the

Department of Energy) that are participating in the Initiative.

-SOURCE-

(Pub. L. 100-180, div. C, title I, Sec. 3149, Dec. 4, 1987, 101

Stat. 1244.)

-CITE-

15 USC Sec. 4630 01/06/03

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-HEAD-

Sec. 4630. Authorization of appropriations

-STATUTE-

There is authorized to be appropriated to the Department of

Energy for fiscal year 1988 the sum of $25,000,000 for general

science and research activities of the Department of Energy under

the Initiative.

-SOURCE-

(Pub. L. 100-180, div. C, title I, Sec. 3150, Dec. 4, 1987, 101

Stat. 1244.)

-CITE-

15 USC Sec. 4631 01/06/03

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-HEAD-

Sec. 4631. Technology transfer

-STATUTE-

(a) In general

The Secretary of Energy shall adopt procedures to provide for

timely and efficient transfer of semiconductor technology developed

under the Initiative pursuant to applicable laws, Executive orders,

and regulations.

(b) Plan for commercialization enhancement

(1) Not later than one year after the date on which funds are

first appropriated to conduct the Initiative, the Secretary of

Energy shall transmit to the committees of Congress named in

paragraph (2) a plan for the transfer of semiconductor technology

and information generated by the Initiative.

(2) The committees of Congress referred to in paragraph (1) are

the Committees on Armed Services of the Senate and House of

Representatives, the Committee on Energy and Natural Resources of

the Senate, and the Committee on Science, Space, and Technology of

the House of Representatives.

-SOURCE-

(Pub. L. 100-180, div. C, title I, Sec. 3151, Dec. 4, 1987, 101

Stat. 1244; Pub. L. 103-437, Sec. 5(b)(6), Nov. 2, 1994, 108 Stat.

4582.)

-MISC1-

AMENDMENTS

1994 - Subsec. (b)(2). Pub. L. 103-437 substituted ''Committee on

Science, Space, and Technology'' for ''Committee on Science and

Technology''.

-CHANGE-

CHANGE OF NAME

Committee on Science, Space, and Technology of House of

Representatives treated as referring to Committee on Science of

House of Representatives by section 1(a) of Pub. L. 104-14, set out

as a note preceding section 21 of Title 2, The Congress.

-CITE-

15 USC Sec. 4632 01/06/03

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-HEAD-

Sec. 4632. Semiconductor research and development

-STATUTE-

(a) Short title

This section may be cited as the ''National Advisory Committee on

Semiconductor Research and Development Act of 1988''.

(b) Findings and purposes

(1) The Congress finds and declares that -

(A) semiconductor technology is playing an ever-increasing role

in United States industrial and commercial products and

processes, making secure domestic sources of state-of-the-art

semiconductors highly desirable;

(B) modern weapons systems are highly dependent on leading edge

semiconductor devices, and it is counter to the national security

interest to be heavily dependent upon foreign sources for this

technology;

(C) governmental responsibilities related to the semiconductor

industry are divided among many Federal departments and agencies;

and

(D) joint industry-government consideration of semiconductor

industry problems is needed at this time.

(2) The purposes of this section are -

(A) to establish the National Advisory Committee on

Semiconductors; and

(B) to assign to such Committee the responsibility for devising

and promulgating a national semiconductor strategy, including

research and development, the implementation of which will assure

the continued leadership of the United States in semiconductor

technology.

(c) Creation of Committee

There is hereby created in the executive branch of the Government

an independent advisory body to be known as the National Advisory

Committee on Semiconductors (hereafter in this section referred to

as the ''Committee'').

(d) Functions

(1) The Committee shall -

(A) collect and analyze information on the needs and

capabilities of industry, the Federal Government, and the

scientific and research communities related to semiconductor

technology;

(B) identify the components of a successful national

semiconductor strategy in accordance with subsection (b)(2)(B) of

this section;

(C) analyze options, establish priorities, and recommend roles

for participants in the national strategy;

(D) assess the roles for government and national laboratories

and other laboratories supported largely for government purposes

in contributing to the semiconductor technology base of the

Nation, as well as to access the effective use of the resources

of United States private industry, United States universities,

and private-public research and development efforts; and

(E) provide results and recommendations to agencies of the

Federal Government involved in legislative, policymaking,

administrative, management, planning, and technology activities

that affect or are part of a national semiconductor strategy, and

to the industry and other nongovernmental groups or organizations

affected by or contributing to that strategy.

(2) In fulfilling this responsibility, the Committee shall -

(A) monitor the competitiveness of the United States

semiconductor technology base;

(B) determine technical areas where United States semiconductor

technology is deficient relative to international competition;

(C) identify new or emerging semiconductor technologies that

will impact the national defense or United States competitiveness

or both;

(D) develop research and development strategies, tactics, and

plans whose execution will assure United States semiconductor

competitiveness; and

(E) recommend appropriate actions that support the national

semiconductor strategy.

(e) Membership and procedures

(1)(A) The Committee shall be composed of 13 members, 7 of whom

shall constitute a quorum.

(B) The Secretary of Defense, the Secretary of Commerce, the

Secretary of Energy, the Director of the Office of Science and

Technology Policy, and the Director of the National Science

Foundation, or their designees, shall serve as members of the

Committee.

(C) The President, acting through the Director of the Office of

Science and Technology Policy, shall appoint, as additional members

of the Committee, 4 members from outside the Federal Government who

are eminent in the semiconductor industry, and 4 members from

outside the Federal Government who are eminent in the fields of

technology, defense, and economic development.

(D) One of the members appointed under subparagraph (C), as

designated by the President at the time of appointment, shall be

chairman of the Committee.

(2) Funding and administrative support for the Committee shall be

provided to the Office of Science and Technology Policy through an

arrangement with an appropriate agency or organization designated

by the Committee, in accordance with a memorandum of understanding

entered into between them.

(3) Members of the Committee, other than full-time employees of

the Federal Government, while attending meetings of the Committee

or otherwise performing duties at the request of the Chairman while

away from their homes or regular places of business, shall be

allowed travel expenses in accordance with subchapter I of chapter

57 of title 5.

(4) The Chairman shall call the first meeting of the Committee

not later than 90 days after August 23, 1988.

(5) At the close of each fiscal year the Committee shall submit

to the President and the Congress a report on its activities

conducted during such year and its planned activities for the

coming year, including specific findings and recommendations with

respect to the national semiconductor strategy devised and

promulgated under subsection (b)(2)(B) of this section. The first

report shall include an analysis of those technical areas,

including manufacturing, which are of importance to the United

States semiconductor industry, and shall make specific

recommendations regarding the appropriate Federal role in

correcting any deficiencies identified by the analysis. Each

report shall include an estimate of the length of time the

Committee must continue before the achievement of its purposes and

the issuance of its final report.

(f) Authorization of appropriations

There are authorized to be appropriated to carry out the purposes

of this section such sums as may be necessary for the fiscal years

1988, 1989, 1990, 1991, 1992, and 1993.

-SOURCE-

(Pub. L. 100-418, title V, Sec. 5142, Aug. 23, 1988, 102 Stat.

1444; Pub. L. 102-245, title I, Sec. 105(f), Feb. 14, 1992, 106

Stat. 12.)

-COD-

CODIFICATION

Section was enacted as part of the Technology Competitiveness Act

and as part of the Omnibus Trade and Competitiveness Act of 1988,

and not as part of part D of title I of division C of Pub. L.

100-180 which comprises this subchapter.

-MISC3-

AMENDMENTS

1992 - Subsec. (f). Pub. L. 102-245 substituted ''1990, 1991,

1992, and 1993'' for ''and 1990''.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(e)(5) of this section relating to submitting annual report to

Congress, see section 3003 of Pub. L. 104-66, as amended, set out

as a note under section 1113 of Title 31, Money and Finance, and

page 178 of House Document No. 103-7.

TERMINATION OF ADVISORY COMMITTEES

Advisory committees established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a committee

established by the President or an officer of the Federal

Government, such committee is renewed by appropriate action prior

to the expiration of such 2-year period, or in the case of a

committee established by the Congress, its duration is otherwise

provided by law. See section 14 of Pub. L. 92-463, Oct. 6, 1972,

86 Stat. 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-CITE-