DEFINITIONS.

SEC. 132. DEFINITIONS. Section 702 of the Defense Production Act of 1950 (50 U.S.C. App. 2152) is amended to read as follows: “SEC. 702. DEFINITIONS. “For purposes of this Act, 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 military equipment identified by the Secretary of Defense 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, United States Code, or by a Presidential determination as a result of a petition filed under section 232 of the Trade Expansion Act of 1962 shall be designated as critical components for purposes of this Act, unless the President determines that the designation is unwarranted. “(2) Critical industry for national security.— The term ‘critical industry for national security’ means any industry (or industry sector) identified pursuant to section 2503(6) of title 10, United States Code, and such other industries or industry sectors as may be designated by the President as essential to provide industrial resources required for the execution of the national security strategy of the United States. “(3) Critical technology.— The term ‘critical technology’ includes any technology that is included in 1 or more of the plans submitted pursuant to section 6681 of title 42, United States Code, or section 2508 of title 10, United States Code (unless subsequently deleted), or such other emerging or dual use technology as may be designated by the President. “(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 106 STAT. 4211 “(B) to perform services for the national defense. “(6) Domestic defense industrial base.— The term ‘domestic defense 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, graduated mobilization, national emergency, or war. “(7) Domestic source.— The term ‘domestic source’ means a business concern— “(A) 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 “(B) that procures from business concerns described in subparagraph (A) substantially all of any components and assemblies required under a contract with the United States relating to a critical component or critical technology item. “(8) Essential weapon system.— The term ‘essential weapon system’ means a major weapon system and other items of military equipment identified by the Secretary of Defense as being essential to the execution of the national security strategy of the United States. “(9) 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. “(10) Foreign source.— The term ‘foreign source’ means a business entity other than a ‘domestic source’. “(11) 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 capacity. “(12) 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. “(13) National defense.— The term ‘national defense’ means programs for military and energy production or construction, military assistance to any foreign nation, stockpiling, space, and any directly related activity. “(14) 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. “(15) Services.— The term ‘services’ includes any effort that is needed for or incidental to— 106 STAT. 4212 “(A) the development, production, processing, distribution, delivery, or use of an industrial resource or a critical technology item; or “(B) the construction of facilities. “(16) Small business concern.— The term ‘small business concern’ means a business concern that meets the requirements of section 3(a) of the Small Business Act 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. “(17) Small business concern owned and controlled by socially and economically disadvantaged individuals.— The term ‘small business concern owned and controlled by socially and economically disadvantaged individuals’ has the same meaning as in section 8(d)(3)(C) of the Small Business Act.”.