{"identifier":"/us/usc/t50/s4552","title":50,"num":"\u00a7\u202f4552.","heading":"Definitions","text":"\u00a7\u202f4552.\nDefinitions\nFor purposes of this chapter, the following definitions shall apply:\n(1)\nCritical component\nThe term \u201ccritical component\u201d 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\nsection 113(i) of title 10\nsection 1862 of title 19\n(2)\nCritical infrastructure\nThe term \u201ccritical infrastructure\u201d 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.\n(3)\nCritical technology\nThe term \u201ccritical technology\u201d includes any technology designated by the President to be essential to the national defense.\n(4)\nCritical technology item\nThe term \u201ccritical technology item\u201d means materials directly employing, derived from, or utilizing a critical technology.\n(5)\nDefense contractor\nThe term \u201cdefense contractor\u201d means any person who enters into a contract with the United States\u2014\n(A) to furnish materials, industrial resources, or a critical technology for the national defense; or\n(B) to perform services for the national defense.\n(6)\nDomestic industrial base\nThe term \u201cdomestic industrial base\u201d 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.\n(7)\nDomestic source\n(A)\nIn general\nExcept as provided in subparagraph (B), the term \u201cdomestic source\u201d means a business concern\u2014\n(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\n(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.\n(B)\nDomestic source for subchapter II\n(i)\nIn general\nFor purposes of subchapter II, the term \u201cdomestic source\u201d means a business concern that\u2014\n(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\u2014\n(aa) the United States or Canada; or\n(bb) subject to clause (ii), Australia or the United Kingdom; and\n(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.\n(ii)\nLimitations on use of business concerns in Australia and United Kingdom\n(I)\nIn general\nA 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).\n(II)\nNational defense matter defined\nFor purposes of subclause (I), the term \u201cnational defense matter\u201d is a matter relating to the development or production of\u2014\n(aa) a defense article, as defined in\nsection 301 of title 10\n(bb) materials critical to national security, as defined in\nsection 98h\u20131(f) of this title\n(8)\nFacilities\nThe term \u201cfacilities\u201d 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.\n(9)\nForeign source\nThe term \u201cforeign source\u201d means a business entity other than a \u201cdomestic source\u201d.\n(10)\nGuaranteeing agency\nThe term \u201cguaranteeing agency\u201d means a department or agency of the United States engaged in procurement for the national defense.\n(11)\nHomeland security\nThe term \u201chomeland security\u201d includes efforts\u2014\n(A) to prevent terrorist attacks within the United States;\n(B) to reduce the vulnerability of the United States to terrorism;\n(C) to minimize damage from a terrorist attack in the United States; and\n(D) to recover from a terrorist attack in the United States.\n(12)\nIndustrial resources\nThe term \u201cindustrial resources\u201d 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.\n(13)\nMaterials\nThe term \u201cmaterials\u201d includes\u2014\n(A) any raw materials (including minerals, metals, and advanced processed materials), commodities, articles, components (including critical components), products, and items of supply; and\n(B) any technical information or services ancillary to the use of any such materials, commodities, articles, components, products, or items.\n(14)\nNational defense\nThe term \u201cnational defense\u201d 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 [\n42 U.S.C. 5195\n(15)\nPerson\nThe term \u201cperson\u201d 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.\n(16)\nServices\nThe term \u201cservices\u201d includes any effort that is needed for or incidental to\u2014\n(A) the development, production, processing, distribution, delivery, or use of an industrial resource or a critical technology item;\n(B) the construction of facilities;\n(C) the movement of individuals and property by all modes of civil transportation; or\n(D) other national defense programs and activities.\n(17)\nSmall business concern\nThe term \u201csmall business concern\u201d means a business concern that meets the requirements of\nsection 632(a) of title 15","url":"https://projectusc.org/usc/t50/s4552.html","content":[{"t":"sec","id":"/us/usc/t50/s4552","children":[{"t":"num","text":"\u00a7\u202f4552."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"For purposes of this chapter, the following definitions shall apply:"},{"t":"para","id":"/us/usc/t50/s4552/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Critical component"},{"t":"content","children":[{"t":"p","text":"The term \u201ccritical component\u201d 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 ","children":[{"t":"ref","text":"section 113(i) of title 10","href":"/us/usc/t10/s113/i","tail":" or by a Presidential determination as a result of a petition filed under "},{"t":"ref","text":"section 1862 of title 19","href":"/us/usc/t19/s1862","tail":" shall be designated as critical components for purposes of this chapter, unless the President determines that the designation is unwarranted."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s4552/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Critical infrastructure"},{"t":"content","children":[{"t":"p","text":"The term \u201ccritical infrastructure\u201d 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s4552/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Critical technology"},{"t":"content","children":[{"t":"p","text":"The term \u201ccritical technology\u201d includes any technology designated by the President to be essential to the national defense.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s4552/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Critical technology item"},{"t":"content","children":[{"t":"p","text":"The term \u201ccritical technology item\u201d means materials directly employing, derived from, or utilizing a critical technology.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s4552/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Defense contractor"},{"t":"chapeau","text":"The term \u201cdefense contractor\u201d means any person who enters into a contract with the United States\u2014"},{"t":"subpara","id":"/us/usc/t50/s4552/5/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" to furnish materials, industrial resources, or a critical technology for the national defense; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t50/s4552/5/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" to perform services for the national defense.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s4552/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Domestic industrial base"},{"t":"content","children":[{"t":"p","text":"The term \u201cdomestic industrial base\u201d 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s4552/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Domestic source"},{"t":"subpara","id":"/us/usc/t50/s4552/7/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"Except as provided in subparagraph (B), the term \u201cdomestic source\u201d means a business concern\u2014"},{"t":"clause","id":"/us/usc/t50/s4552/7/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t50/s4552/7/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t50/s4552/7/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Domestic source for subchapter II"},{"t":"clause","id":"/us/usc/t50/s4552/7/B/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"For purposes of subchapter II, the term \u201cdomestic source\u201d means a business concern that\u2014"},{"t":"subclause","id":"/us/usc/t50/s4552/7/B/i/I","children":[{"t":"num","text":"(I)"},{"t":"chapeau","text":" 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\u2014"},{"t":"num","text":"(aa)"},{"t":"content","text":" the United States or Canada; or"},{"t":"text","text":"\n","tail":"\n"},{"t":"num","text":"(bb)"},{"t":"content","text":" subject to clause (ii), Australia or the United Kingdom; and"},{"t":"text","text":"\n","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t50/s4552/7/B/i/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t50/s4552/7/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"Limitations on use of business concerns in Australia and United Kingdom"},{"t":"subclause","id":"/us/usc/t50/s4552/7/B/ii/I","children":[{"t":"num","text":"(I)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"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).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t50/s4552/7/B/ii/II","children":[{"t":"num","text":"(II)"},{"t":"heading","text":"National defense matter defined"},{"t":"chapeau","text":"For purposes of subclause (I), the term \u201cnational defense matter\u201d is a matter relating to the development or production of\u2014"},{"t":"num","text":"(aa)"},{"t":"content","text":" a defense article, as defined in ","children":[{"t":"ref","text":"section 301 of title 10","href":"/us/usc/t10/s301","tail":"; or"}]},{"t":"text","text":"\n","tail":"\n"},{"t":"num","text":"(bb)"},{"t":"content","text":" materials critical to national security, as defined in ","children":[{"t":"ref","text":"section 98h\u20131(f) of this title","href":"/us/usc/t50/s98h\u20131/f","tail":"."}]},{"t":"text","text":"\n","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s4552/8","children":[{"t":"num","text":"(8)"},{"t":"heading","text":"Facilities"},{"t":"content","children":[{"t":"p","text":"The term \u201cfacilities\u201d 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s4552/9","children":[{"t":"num","text":"(9)"},{"t":"heading","text":"Foreign source"},{"t":"content","children":[{"t":"p","text":"The term \u201cforeign source\u201d means a business entity other than a \u201cdomestic source\u201d.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s4552/10","children":[{"t":"num","text":"(10)"},{"t":"heading","text":"Guaranteeing agency"},{"t":"content","children":[{"t":"p","text":"The term \u201cguaranteeing agency\u201d means a department or agency of the United States engaged in procurement for the national defense.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s4552/11","children":[{"t":"num","text":"(11)"},{"t":"heading","text":"Homeland security"},{"t":"chapeau","text":"The term \u201chomeland security\u201d includes efforts\u2014"},{"t":"subpara","id":"/us/usc/t50/s4552/11/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" to prevent terrorist attacks within the United States;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t50/s4552/11/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" to reduce the vulnerability of the United States to terrorism;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t50/s4552/11/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" to minimize damage from a terrorist attack in the United States; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t50/s4552/11/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" to recover from a terrorist attack in the United States.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s4552/12","children":[{"t":"num","text":"(12)"},{"t":"heading","text":"Industrial resources"},{"t":"content","children":[{"t":"p","text":"The term \u201cindustrial resources\u201d 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s4552/13","children":[{"t":"num","text":"(13)"},{"t":"heading","text":"Materials"},{"t":"chapeau","text":"The term \u201cmaterials\u201d includes\u2014"},{"t":"subpara","id":"/us/usc/t50/s4552/13/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" any raw materials (including minerals, metals, and advanced processed materials), commodities, articles, components (including critical components), products, and items of supply; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t50/s4552/13/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" any technical information or services ancillary to the use of any such materials, commodities, articles, components, products, or items.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s4552/14","children":[{"t":"num","text":"(14)"},{"t":"heading","text":"National defense"},{"t":"content","children":[{"t":"p","text":"The term \u201cnational defense\u201d 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 [","children":[{"t":"ref","text":"42 U.S.C. 5195","href":"/us/usc/t42/s5195","tail":" et seq.] and critical infrastructure protection and restoration."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s4552/15","children":[{"t":"num","text":"(15)"},{"t":"heading","text":"Person"},{"t":"content","children":[{"t":"p","text":"The term \u201cperson\u201d 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s4552/16","children":[{"t":"num","text":"(16)"},{"t":"heading","text":"Services"},{"t":"chapeau","text":"The term \u201cservices\u201d includes any effort that is needed for or incidental to\u2014"},{"t":"subpara","id":"/us/usc/t50/s4552/16/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the development, production, processing, distribution, delivery, or use of an industrial resource or a critical technology item;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t50/s4552/16/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the construction of facilities;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t50/s4552/16/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" the movement of individuals and property by all modes of civil transportation; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t50/s4552/16/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" other national defense programs and activities.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s4552/17","children":[{"t":"num","text":"(17)"},{"t":"heading","text":"Small business concern"},{"t":"content","children":[{"t":"p","text":"The term \u201csmall business concern\u201d means a business concern that meets the requirements of ","children":[{"t":"ref","text":"section 632(a) of title 15","href":"/us/usc/t15/s632/a","tail":" 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."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}