{"identifier":"/us/usc/t10/s4801","title":10,"num":"\u00a7\u202f4801.","heading":"Definitions","text":"\u00a7\u202f4801.\nDefinitions\nIn this subpart:\n(1) The term \u201cnational technology and industrial base\u201d means the persons and organizations that are engaged in research, development, production, integration, services, or information technology activities conducted within the United States, the United Kingdom of Great Britain and Northern Ireland, Australia, New Zealand, and Canada.\n(2) The term \u201cdual-use\u201d with respect to products, services, standards, processes, or acquisition practices, means products, services, standards, processes, or acquisition practices, respectively, that are capable of meeting requirements for military and nonmilitary applications.\n(3) The term \u201cdual-use critical technology\u201d means a critical technology that has military applications and nonmilitary applications.\n(4) The term \u201ctechnology and industrial base sector\u201d means a group of public or private persons and organizations that engage in, or are capable of engaging in, similar research, development, production, integration, services, or information technology activities.\n(5) The terms \u201cFederal laboratory\u201d and \u201claboratory\u201d have the meaning given the term \u201claboratory\u201d in section 12(d)(2) of the Stevenson-Wydler Technology Innovation Act of 1980 (\n15 U.S.C. 3710a(d)(2)\n(6) The term \u201ccritical technology\u201d means a technology that is\u2014\n(A) a national critical technology; or\n(B) a defense critical technology.\n(7) The term \u201cnational critical technology\u201d means a technology that appears on the list of national critical technologies contained in the most recent biennial report on national critical technologies submitted to Congress by the President pursuant to section 603(d)\n1\n1 See References in Text note below.\n42 U.S.C. 6683(d)\n(8) The term \u201cdefense critical technology\u201d means a technology that is identified under\nsection 4816 of this title\nsection 4811(a) of this title\n(9) The term \u201celigible firm\u201d means a company or other business entity that, as determined by the Secretary of Commerce\u2014\n(A) conducts a significant level of its research, development, engineering, manufacturing, integration, services, and information technology activities in the United States; and\n(B) is a company or other business entity the majority ownership or control of which is by United States citizens or is a company or other business of a parent company that is incorporated in a country the government of which\u2014\n(i) encourages the participation of firms so owned or controlled in research and development consortia to which the government of that country provides funding directly or provides funding indirectly through international organizations or agreements; and\n(ii) affords adequate and effective protection for the intellectual property rights of companies incorporated in the United States.\nSuch term includes a consortium of such companies or other business entities, as determined by the Secretary of Commerce.\n(10) The term \u201cmanufacturing technology\u201d means techniques and processes designed to improve manufacturing quality, productivity, and practices, including quality control, shop floor management, inventory management, and worker training, as well as manufacturing equipment and software.\n(11) The term \u201cSmall Business Innovation Research Program\u201d means the program established under the following provisions of section 9 of the Small Business Act (\n(A) Paragraphs (4) through (7) of subsection (b).\n(B) Subsections (e) through (\nl\n(12) The term \u201cSmall Business Technology Transfer Program\u201d means the program established under the following provisions of such section:\n(A) Paragraphs (4) through (7) of subsection (b).\n(B) Subsections (e) and (n) through (p).\n(13) The term \u201csignificant equity percentage\u201d means\u2014\n(A) a level of contribution and participation sufficient, when compared to the other non-Federal participants in the partnership or other cooperative arrangement involved, to demonstrate a comparable long-term financial commitment to the product or process development involved; and\n(B) any other criteria the Secretary may consider necessary to ensure an appropriate equity mix among the participants.\n(14) The term \u201cperson of a foreign country\u201d has the meaning given such term in section 3502(d) of the Primary Dealers Act of 1988 (\n22 U.S.C. 5342(d)\n(15) The term \u201cintegration\u201d means the process of providing systems engineering and technical direction for a system for the purpose of achieving capabilities that satisfy program requirements.","url":"https://projectusc.org/usc/t10/s4801.html","content":[{"t":"sec","id":"/us/usc/t10/s4801","children":[{"t":"num","text":"\u00a7\u202f4801."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"In this subpart:"},{"t":"para","id":"/us/usc/t10/s4801/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" The term \u201cnational technology and industrial base\u201d means the persons and organizations that are engaged in research, development, production, integration, services, or information technology activities conducted within the United States, the United Kingdom of Great Britain and Northern Ireland, Australia, New Zealand, and Canada.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t10/s4801/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" The term \u201cdual-use\u201d with respect to products, services, standards, processes, or acquisition practices, means products, services, standards, processes, or acquisition practices, respectively, that are capable of meeting requirements for military and nonmilitary applications.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t10/s4801/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" The term \u201cdual-use critical technology\u201d means a critical technology that has military applications and nonmilitary applications.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t10/s4801/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" The term \u201ctechnology and industrial base sector\u201d means a group of public or private persons and organizations that engage in, or are capable of engaging in, similar research, development, production, integration, services, or information technology activities.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t10/s4801/5","children":[{"t":"num","text":"(5)"},{"t":"content","text":" The terms \u201cFederal laboratory\u201d and \u201claboratory\u201d have the meaning given the term \u201claboratory\u201d in section 12(d)(2) of the Stevenson-Wydler Technology Innovation Act of 1980 (","children":[{"t":"ref","text":"15 U.S.C. 3710a(d)(2)","href":"/us/usc/t15/s3710a/d/2","tail":"), except that such terms include a federally funded research and development center sponsored by a Federal agency."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t10/s4801/6","children":[{"t":"num","text":"(6)"},{"t":"chapeau","text":" The term \u201ccritical technology\u201d means a technology that is\u2014"},{"t":"subpara","id":"/us/usc/t10/s4801/6/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" a national critical technology; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t10/s4801/6/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" a defense critical technology.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t10/s4801/7","children":[{"t":"num","text":"(7)"},{"t":"content","text":" The term \u201cnational critical technology\u201d means a technology that appears on the list of national critical technologies contained in the most recent biennial report on national critical technologies submitted to Congress by the President pursuant to section 603(d)\u202f","children":[{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSee References in Text note below."},{"t":"text","text":"\u202fSee References in Text note below.","tail":" of the National Science and Technology Policy, Organization, and Priorities Act of 1976 ("},{"t":"ref","text":"42 U.S.C. 6683(d)","href":"/us/usc/t42/s6683/d","tail":")."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t10/s4801/8","children":[{"t":"num","text":"(8)"},{"t":"content","text":" The term \u201cdefense critical technology\u201d means a technology that is identified under ","children":[{"t":"ref","text":"section 4816 of this title","href":"/us/usc/t10/s4816","tail":" as critical for attaining the national security objectives set forth in "},{"t":"ref","text":"section 4811(a) of this title","href":"/us/usc/t10/s4811/a","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t10/s4801/9","children":[{"t":"num","text":"(9)"},{"t":"chapeau","text":" The term \u201celigible firm\u201d means a company or other business entity that, as determined by the Secretary of Commerce\u2014"},{"t":"subpara","id":"/us/usc/t10/s4801/9/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" conducts a significant level of its research, development, engineering, manufacturing, integration, services, and information technology activities in the United States; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t10/s4801/9/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" is a company or other business entity the majority ownership or control of which is by United States citizens or is a company or other business of a parent company that is incorporated in a country the government of which\u2014"},{"t":"clause","id":"/us/usc/t10/s4801/9/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" encourages the participation of firms so owned or controlled in research and development consortia to which the government of that country provides funding directly or provides funding indirectly through international organizations or agreements; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t10/s4801/9/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" affords adequate and effective protection for the intellectual property rights of companies incorporated in the United States.","tail":"\n"}],"tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"Such term includes a consortium of such companies or other business entities, as determined by the Secretary of Commerce.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t10/s4801/10","children":[{"t":"num","text":"(10)"},{"t":"content","text":" The term \u201cmanufacturing technology\u201d means techniques and processes designed to improve manufacturing quality, productivity, and practices, including quality control, shop floor management, inventory management, and worker training, as well as manufacturing equipment and software.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t10/s4801/11","children":[{"t":"num","text":"(11)"},{"t":"chapeau","text":" The term \u201cSmall Business Innovation Research Program\u201d means the program established under the following provisions of section 9 of the Small Business Act (","children":[{"t":"ref","text":"15 U.S.C. 638","href":"/us/usc/t15/s638","tail":"):"}]},{"t":"subpara","id":"/us/usc/t10/s4801/11/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" Paragraphs (4) through (7) of subsection (b).","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t10/s4801/11/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" Subsections (e) through (","children":[{"t":"text","text":"l","tail":")."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t10/s4801/12","children":[{"t":"num","text":"(12)"},{"t":"chapeau","text":" The term \u201cSmall Business Technology Transfer Program\u201d means the program established under the following provisions of such section:"},{"t":"subpara","id":"/us/usc/t10/s4801/12/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" Paragraphs (4) through (7) of subsection (b).","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t10/s4801/12/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" Subsections (e) and (n) through (p).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t10/s4801/13","children":[{"t":"num","text":"(13)"},{"t":"chapeau","text":" The term \u201csignificant equity percentage\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t10/s4801/13/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" a level of contribution and participation sufficient, when compared to the other non-Federal participants in the partnership or other cooperative arrangement involved, to demonstrate a comparable long-term financial commitment to the product or process development involved; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t10/s4801/13/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" any other criteria the Secretary may consider necessary to ensure an appropriate equity mix among the participants.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t10/s4801/14","children":[{"t":"num","text":"(14)"},{"t":"content","text":" The term \u201cperson of a foreign country\u201d has the meaning given such term in section 3502(d) of the Primary Dealers Act of 1988 (","children":[{"t":"ref","text":"22 U.S.C. 5342(d)","href":"/us/usc/t22/s5342/d","tail":")."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t10/s4801/15","children":[{"t":"num","text":"(15)"},{"t":"content","text":" The term \u201cintegration\u201d means the process of providing systems engineering and technical direction for a system for the purpose of achieving capabilities that satisfy program requirements.","tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}