§ 4552. Definitions

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For purposes of this chapter, the following definitions shall apply:

(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.

(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.

(3)Critical technology The term “critical technology” includes any technology designated by the President to be essential to the national defense.

(4)Critical technology item The term “critical technology item” means materials directly employing, derived from, or utilizing a critical technology.

(5)Defense contractor 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

(B)to perform services for the national defense.

(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.

(7)Domestic source

(A)In general Except as provided in subparagraph (B), the term “domestic source” means a business concern—

(i)that performs in the United States or Canada 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; and

(ii)that procures from business concerns described in clause

(i)substantially all of any components and assemblies required under a contract with the United States relating to a critical component or critical technology item.

(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 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 The term “foreign source” means a business entity other than a “domestic source”.

(10)Guaranteeing agency The term “guaranteeing agency” means a department or agency of the United States engaged in procurement for the national defense.

(11)Homeland security The term “homeland security” includes efforts—

(A)to prevent terrorist attacks within the United States;

(B)to reduce the vulnerability of the United States to terrorism;

(C)to minimize damage from a terrorist attack in the United States; and

(D)to recover from a terrorist attack in the United States.

(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.

(13)Materials 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

(B)any technical information or services ancillary to the use of any such materials, commodities, articles, components, products, or items.

(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.

(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.

(16)Services 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;

(B)the construction of facilities;

(C)the movement of individuals and property by all modes of civil transportation; or

(D)other national defense programs and activities.

(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.

(Sept. 8, 1950, ch. 932, title VII, § 702, 64 Stat. 815; June 30, 1953, ch. 171, § 8, 67 Stat. 130; Pub. L. 91–379, title I, § 102, Aug. 15, 1970, 84 Stat. 796; Pub. L. 102–558, title I, § 132, Oct. 28, 1992, 106 Stat. 4210; Pub. L. 103–337, div. C, title XXXIV, § 3411(b), Oct. 5, 1994, 108 Stat. 3110; Pub. L. 108–195, § 5, Dec. 19, 2003, 117 Stat. 2893; Pub. L. 111–67, § 8, Sept. 30, 2009, 123 Stat. 2017; Pub. L. 118–31, div. A, title X, § 1080(a), Dec. 22, 2023, 137 Stat. 415.)

Termination of Section

For termination of section, see section 4564(a) of this title.

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