View all text of Subchapter III [§ 4551 - § 4568]
§ 4552. DefinitionsFor purposes of this chapter, the following definitions shall apply:
(1) Critical component
(2)
(3) Critical technology
(4) Critical technology item
(5) Defense contractorThe 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
(7) Domestic source
(A) In generalExcept 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 generalFor 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(II) National defense matter definedFor 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
(9) Foreign source
(10) Guaranteeing agency
(11) Homeland securityThe 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
(13) MaterialsThe 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
(15) Person
(16) ServicesThe 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
(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.)