50 U.S.C. § 4552: Definitions

Summary

Gives short, clear meanings for important words used in the chapter about national defense, critical supplies, and who counts as domestic or foreign sources. It defines: critical component — parts, subsystems, tooling, or test gear the President says are essential to national security, including items found critical by a National Security Assessment under 10 U.S.C. 113(i) or by a Presidential decision after a petition under 19 U.S.C. 1862 unless the President decides otherwise; critical infrastructure — physical or cyber systems so important that damage would hurt national security, the economy, or public health and safety; critical technology — any technology the President says is essential to defense; critical technology item — materials that use or come from a critical technology; defense contractor — anyone who contracts with the U.S. to supply materials, industrial resources, critical technology, or services for national defense; domestic industrial base — domestic sources that supply or are expected to supply materials or services for defense in peace, emergency, or war; domestic source — a business that does most R&D, engineering, manufacturing, and buys most components in the United States or Canada (and for subchapter II may include Australia or the United Kingdom with limits) and the special rules and limits for using Australia/UK firms for certain national defense matters (as defined by 10 U.S.C. 301 or 50 U.S.C. 98h–1(f)); facilities — buildings, structures, or improvements (excluding farms, places of worship, and private homes) and related services; foreign source — any business that is not a domestic source; guaranteeing agency — a U.S. department or agency that buys for national defense; homeland security — efforts to prevent terrorist attacks, reduce vulnerability to terrorism, limit damage from attacks, and recover from attacks; industrial resources — the materials, services, processes, and equipment needed to keep a strong defense industrial base; materials — raw materials, commodities, parts (including critical components), products, supply items, and technical information or services tied to those items; national defense — programs for military and energy production or construction, military or critical infrastructure aid to other nations, homeland security, stockpiling, space, and related activities, and it includes emergency preparedness under title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5195 et seq.) and critical infrastructure protection and restoration; person — an individual, company, group, or a State or local government or agency; services — work needed for making or using industrial resources or critical technology items, building facilities, moving people or goods by any civil transportation, or other defense programs; small business concern — a business that meets the rules in 15 U.S.C. 632(a) and its regulations, including socially or economically disadvantaged and women-owned small businesses.

Title 50, §4552

War and National Defense, Source: USLM XML via OLRC

For purposes of this chapter, 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 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 section 113(i) of title 10 or by a Presidential determination as a result of a petition filed under section 1862 of title 19 shall be designated as critical components for purposes of this chapter, unless the President determines that the designation is unwarranted.

(2)Critical infrastructure

The term “critical infrastructure” 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.

(3)Critical technology

The term “critical technology” includes any technology designated by the President to be essential to the national defense.

(4)Critical technology item

The term “critical technology item” means materials directly employing, derived from, or utilizing a critical technology.

(5)Defense contractor (6) Domestic industrial base

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

(B)to perform services for the national defense.

(7)Domestic source

(A)In general

Except 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 general

For 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

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).

(II)National defense matter defined

For purposes of subclause (I), the term “national defense matter” is a matter relating to the development or production of— (aa)

(bb)materials critical to national security, as defined in section 98h–1(f) of this title.

(8)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.

(9)Foreign source

The term “foreign source” means a business entity other than a “domestic source”.

(10)Guaranteeing agency

The term “guaranteeing agency” means a department or agency of the United States engaged in procurement for the national defense.

(11)Homeland security

The 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

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 base.

(13)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.

(14)National defense

The term “national defense” 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 [42 U.S.C. 5195 et seq.] and critical infrastructure protection and restoration.

(15)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.

(16)Services

The 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

The term “small business concern” means a business concern that meets the requirements of section 632(a) of title 15 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.

Notes & Related Subsidiaries

Termination of SectionFor termination of section, see section 4564(a) of this title.

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning act Sept. 8, 1950, ch. 932, 64 Stat. 798, known as the Defense Production Act of 1950, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 4501 of this title and Tables. The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in par. (14), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143. Title VI of the Act is classified generally to subchapter IV–B (§ 5195 et seq.) of chapter 68 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 5121 of Title 42 and Tables. Codification Section was formerly classified to section 2152 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Amendments

2023—Par. (7). Pub. L. 118–31 designated existing provisions as subpar. (A), inserted heading, substituted “Except as provided in subparagraph (B), the term” for “The term” in introductory provisions, redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A) and realigned margins, substituted “clause (i)” for “subparagraph (A)” in cl. (ii), and added subpar. (B). 2009—Par. (1). Pub. L. 111–67, § 8(1), substituted “equipment identified by the President” for “military equipment identified by the Secretary of Defense”. Pars. (2), (3). Pub. L. 111–67, § 8(2)–(4), added par. (3), redesignated former par. (3) as (2), and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: “The term ‘critical industry for national security’ means any industry (or industry sector) identified pursuant to section 2503(6) of title 10 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.” Pars. (4), (5). Pub. L. 111–67, § 8(2), (5), redesignated pars. (5) and (6) as (4) and (5), respectively, and struck out former par. (4). Prior to amendment, text of par. (4) read as follows: “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 or section 2508 of title 10 (unless subsequently deleted), or such other emerging or dual use technology as may be designated by the President.” Par. (6). Pub. L. 111–67, § 8(5), (6), redesignated par. (7) as (6), in heading, struck out “defense” after “Domestic”, and, in text, substituted “ ‘domestic industrial base’ ” for “ ‘domestic defense industrial base’ ” and struck out “graduated mobilization,” after “peacetime,”. Former par. (6) redesignated (5). Pars. (7) to (9). Pub. L. 111–67, § 8(2), (5), (7), redesignated pars. (8), (10), and (11) as (7) to (9), respectively, and struck out former par. (9). Prior to amendment, text of par. (9) read as follows: “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.” Former par. (7) redesignated (6). Pars. (10), (11). Pub. L. 111–67, § 8(8), added pars. (10) and (11). Former pars. (10) and (11) redesignated (8) and (9), respectively. Par. (12). Pub. L. 111–67, § 8(9), substituted “base” for “capacity”. Par. (14). Pub. L. 111–67, § 8(10), substituted “military or critical infrastructure assistance to any foreign nation, homeland security” for “military assistance to any foreign nation”. Par. (16). Pub. L. 111–67, § 8(11), added subpars. (C) and (D). Par. (18). Pub. L. 111–67, § 8(2), struck out par. (18). Text read as follows: “The term ‘small business concern owned and controlled by socially and economically disadvantaged individuals’ has the same meaning as in section 637(d)(3)(C) of title 15.” 2003—Pars. (3) to (13). Pub. L. 108–195, § 5(1), (2), added par. (3) and redesignated former pars. (3) to (12) as (4) to (13), respectively. Former par. (13) redesignated (14). Par. (14). Pub. L. 108–195, § 5(1), (3), redesignated par. (13) as (14) and inserted “and critical infrastructure protection and restoration” before period at end of last sentence. Former par. (14) redesignated (15). Pars. (15) to (18). Pub. L. 108–195, § 5(1), redesignated pars. (14) to (17) as (15) to (18), respectively. 1994—Par. (13). Pub. L. 103–337 inserted at end “Such term includes emergency preparedness activities conducted pursuant to title VI of The Robert T. Stafford Disaster Relief and Emergency Assistance Act.” 1992—Pub. L. 102–558 amended section generally, substituting present provisions for provisions defining terms “person”, “materials”, “facilities”, “national defense”, “wages, salaries, and other compensation”, and “defense contractor”. 1970—Subsec. (d). Pub. L. 91–379, § 102(1), inserted reference to space in definition of national defense. Subsec. (f). Pub. L. 91–379, § 102(2), added subsec. (f). 1953—Subsec. (d). Act June 30, 1953, amended subsec. (d) generally which, among other changes, inserted references to

Construction

, military assistance to foreign nations and stockpiling, and struck out specific reference to “operations or activities in connection with the Mutual Defense Assistance Act of 1949, as amended”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1992 AmendmentAmendment by Pub. L. 102–558 deemed to have become effective Mar. 1, 1992, see section 304 of Pub. L. 102–558, set out as a note under section 4502 of this title.

§4552 Definitions