50 U.S.C. § 4552
Section 4552 · Definitions
Current version, with additions and removals from the September 30, 2009 version.
For purposes of this chapter, the following definitions shall apply:
For purposes of this chapter, the following definitions shall apply:
(1) Critical component
(1) Critical component
The term "critical component" includes such components, subsystems, systems, and related special tooling and test equipment essential to the production, repair, maintenance, or operation of weapon systems or other items of equipment identified by the President as being essential to the execution of the national security strategy of the United States. Components identified as critical by a National Security Assessment conducted pursuant to section 113(i) of title 10 or by a Presidential determination as a result of a petition filed under section 1862 of title 19 shall be designated as critical components for purposes of this chapter, unless the President determines that the designation is unwarranted.
The term "critical component" includes such components, subsystems, systems, and related special tooling and test equipment essential to the production, repair, maintenance, or operation of weapon systems or other items of equipment identified by the President as being essential to the execution of the national security strategy of the United States. Components identified as critical by a National Security Assessment conducted pursuant to section 113(i) of title 10 or by a Presidential determination as a result of a petition filed under section 1862 of title 19 shall be designated as critical components for purposes of this chapter, unless the President determines that the designation is unwarranted.
(2) Critical infrastructure
(2) Critical infrastructure
The term "critical infrastructure" means any systems and assets, whether physical or cyber-based, so vital to the United States that the degradation or destruction of such systems and assets would have a debilitating impact on national security, including, but not limited to, national economic security and national public health or safety.
The term "critical infrastructure" means any systems and assets, whether physical or cyber-based, so vital to the United States that the degradation or destruction of such systems and assets would have a debilitating impact on national security, including, but not limited to, national economic security and national public health or safety.
(3) Critical technology
(3) Critical technology
The term "critical technology" includes any technology designated by the President to be essential to the national defense.
The term "critical technology" includes any technology designated by the President to be essential to the national defense.
(4) Critical technology item
(4) Critical technology item
The term "critical technology item" means materials directly employing, derived from, or utilizing a critical technology.
The term "critical technology item" means materials directly employing, derived from, or utilizing a critical technology.
(5) Defense contractor
(5) Defense contractor
The term "defense contractor" means any person who enters into a contract with the United States—
The term "defense contractor" means any person who enters into a contract with the United States—
(A) to furnish materials, industrial resources, or a critical technology for the national defense; or
(A) to furnish materials, industrial resources, or a critical technology for the national defense; or
(B) to perform services for the national defense.
(B) to perform services for the national defense.
(6) Domestic industrial base
(6) Domestic industrial base
The term "domestic industrial base" means domestic sources which are providing, or which would be reasonably expected to provide, materials or services to meet national defense requirements during peacetime, national emergency, or war.
The term "domestic industrial base" means domestic sources which are providing, or which would be reasonably expected to provide, materials or services to meet national defense requirements during peacetime, national emergency, or war.
(7) Domestic source
(7) Domestic source
(A) In general
(B) Domestic source for subchapter II
(i) In general
For purposes of subchapter II, the term "domestic source" means a business concern that—
(I) performs substantially all of the research and development, engineering, manufacturing, and production activities required of such business concern under a contract with the United States relating to a critical component or a critical technology item in—
(aa) the United States or Canada; or
(bb) subject to clause (ii), Australia or the United Kingdom; and
(II) procures from business concerns described in subclause (I) substantially all of any components or assemblies required under a contract with the United States relating to a critical component or critical technology item.
(ii) Limitations on use of business concerns in Australia and United Kingdom
(I) In general
A business concern described in clause (i)(I)(bb) may be treated as a domestic source only for purposes of the exercise of authorities under subchapter II relating to national defense matters that cannot be fully addressed with business concerns described in clause (i)(I)(aa).
(II) National defense matter defined
For purposes of subclause (I), the term "national defense matter" is a matter relating to the development or production of—
(aa) a defense article, as defined in section 301 of title 10; or
(bb) materials critical to national security, as defined in section 98h–1(f) of this title.
(8) Facilities
(8) Facilities
The term "facilities" includes all types of buildings, structures, or other improvements to real property (but excluding farms, churches or other places of worship, and private dwelling houses), and services relating to the use of any such building, structure, or other improvement.
The term "facilities" includes all types of buildings, structures, or other improvements to real property (but excluding farms, churches or other places of worship, and private dwelling houses), and services relating to the use of any such building, structure, or other improvement.
(9) Foreign source
(9) Foreign source
The term "foreign source" means a business entity other than a "domestic source".
The term "foreign source" means a business entity other than a "domestic source".
(10) Guaranteeing agency
(10) Guaranteeing agency
The term "guaranteeing agency" means a department or agency of the United States engaged in procurement for the national defense.
The term "guaranteeing agency" means a department or agency of the United States engaged in procurement for the national defense.
(11) Homeland security
(11) Homeland security
The term "homeland security" includes efforts—
The term "homeland security" includes efforts—
(A) to prevent terrorist attacks within the United States;
(A) to prevent terrorist attacks within the United States;
(B) to reduce the vulnerability of the United States to terrorism;
(B) to reduce the vulnerability of the United States to terrorism;
(C) to minimize damage from a terrorist attack in the United States; and
(C) to minimize damage from a terrorist attack in the United States; and
(D) to recover from a terrorist attack in the United States.
(D) to recover from a terrorist attack in the United States.
(12) Industrial resources
(12) Industrial resources
The term "industrial resources" means materials, services, processes, or manufacturing equipment (including the processes, technologies, and ancillary services for the use of such equipment) needed to establish or maintain an efficient and modern national defense industrial base.
The term "industrial resources" means materials, services, processes, or manufacturing equipment (including the processes, technologies, and ancillary services for the use of such equipment) needed to establish or maintain an efficient and modern national defense industrial base.
(13) Materials
(13) Materials
The term "materials" includes—
The term "materials" includes—
(A) any raw materials (including minerals, metals, and advanced processed materials), commodities, articles, components (including critical components), products, and items of supply; and
(A) any raw materials (including minerals, metals, and advanced processed materials), commodities, articles, components (including critical components), products, and items of supply; and
(B) any technical information or services ancillary to the use of any such materials, commodities, articles, components, products, or items.
(B) any technical information or services ancillary to the use of any such materials, commodities, articles, components, products, or items.
(14) National defense
(14) National defense
The term "national defense" means programs for military and energy production or construction, military or critical infrastructure assistance to any foreign nation, homeland security, stockpiling, space, and any directly related activity. Such term includes emergency preparedness activities conducted pursuant to title VI of The Robert T. Stafford Disaster Relief and Emergency Assistance Act [42 U.S.C. 5195 et seq.] and critical infrastructure protection and restoration.
The term "national defense" means programs for military and energy production or construction, military or critical infrastructure assistance to any foreign nation, homeland security, stockpiling, space, and any directly related activity. Such term includes emergency preparedness activities conducted pursuant to title VI of The Robert T. Stafford Disaster Relief and Emergency Assistance Act [42 U.S.C. 5195 et seq.] and critical infrastructure protection and restoration.
(15) Person
(15) Person
The term "person" includes an individual, corporation, partnership, association, or any other organized group of persons, or legal successor or representative thereof, or any State or local government or agency thereof.
The term "person" includes an individual, corporation, partnership, association, or any other organized group of persons, or legal successor or representative thereof, or any State or local government or agency thereof.
(16) Services
(16) Services
The term "services" includes any effort that is needed for or incidental to—
The term "services" includes any effort that is needed for or incidental to—
(A) the development, production, processing, distribution, delivery, or use of an industrial resource or a critical technology item;
(A) the development, production, processing, distribution, delivery, or use of an industrial resource or a critical technology item;
(B) the construction of facilities;
(B) the construction of facilities;
(C) the movement of individuals and property by all modes of civil transportation; or
(C) the movement of individuals and property by all modes of civil transportation; or
(D) other national defense programs and activities.
(D) other national defense programs and activities.
(17) Small business concern
(17) Small business concern
The term "small business concern" means a business concern that meets the requirements of section 632(a) of title 15 and the regulations promulgated pursuant to that section, and includes such business concerns owned and controlled by socially and economically disadvantaged individuals or by women.
The term "small business concern" means a business concern that meets the requirements of section 632(a) of title 15 and the regulations promulgated pursuant to that section, and includes such business concerns owned and controlled by socially and economically disadvantaged individuals or by women.