Pub. L. 102-484, div. D, tit. XLII, subtit. A, sec. 4203
DEFINITIONS.
SEC. 4203. DEFINITIONS. (a) In General.—Subchapter I of chapter 148, as established by section 4202, is amended by inserting after the table of sections the following: “§ 2491. Definitions “In this chapter: “(1) The term ‘national technology and industrial base’ means the persons and organizations that are engaged in research, development, production, or maintenance activities conducted within the United States and Canada. “(2) The term ‘dual-use’ 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 application. “(3) The term ‘dual-use critical technology’ means a critical technology that has military applications and nonmilitary applications. “(4) The term ‘technology and industrial base sector’ means a group of public or private persons and organizations that engage in, or are capable of engaging in, similar research, development, or production activities. “(5) The terns ‘Federal laboratory’ and ‘laboratory’ have the meaning given the term ‘laboratory’ in section 12(d)(2) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)(2)). “(6) The term ‘critical technology’ means a technology that is— “(A) a national critical technology; or “(B) a defense critical technology. “(7) The term ‘national critical technology’ 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) of the National Science and Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 6683(d)). “(8) The term ‘defense critical technology’ means a technology that appears on the list of critical technologies contained, pursuant to subsection (I) of section 2505 of this title, in the most recent national technology and industrial base assessment submitted to Congress by the Secretary of Defense pursuant to section 2506(e) of this title. “(9) The term ‘eligible firm’ means a company or other business entity that, as determined by the Secretary of Commerce— “(A) conducts a significant level of its research, development, engineering, and manufacturing activities in the United States; and “(B) is a company or other business entity the majority ownership or control of which is by United States citizens 106 STAT. 2662or is a company or other business of a parent company that is incorporated in a country the government of which— “(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 “(ii) affords adequate and effective protection for the intellectual property rights of companies incorporated in the United States. Such term includes a consortium of such companies or other business entities, as determined by the Secretary of Commerce. “(10) The term ‘manufacturing technology’ 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. “(11) The term ‘manufacturing extension program’ means a public or private, nonprofit program for the improvement of the quality, productivity, and performance of United States- based small manufacturing firms in the United States. “(12) The term ‘United States-based small manufacturing firm’ means a company or other business entity that, as determined by the Secretary of Commerce— “(A) engages in manufacturing; “(B) has less than 500 employees; and “(C) is an eligible firm.”. (b) Transition Provision.—Until the first national technology and industrial base assessment is submitted to Congress by the Secretary of Defense pursuant to section 2506(e) of title 10, United States Code, as added by section 4216, the term “defense critical technology” for the purposes of chapter 148 of such title, as added by section 4202, shall have the meaning given such term in section 2521 of title 10, United States Code, as in effect on the day before the date of the enactment of this Act.