
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2500]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
 CHAPTER 148--NATIONAL DEFENSE TECHNOLOGY AND INDUSTRIAL BASE, DEFENSE 
                  REINVESTMENT, AND DEFENSE CONVERSION
 
                        SUBCHAPTER I--DEFINITIONS
 
Sec. 2500. 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 applications.
        (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 terms ``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)), except that such terms include a federally funded 
    research and development center sponsored by a Federal agency.
        (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 is identified under section 2505 of this title as critical for 
    attaining the national security objectives set forth in section 
    2501(a) 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 or 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 ``Small Business Innovation Research Program'' 
    means the program established under the following provisions of 
    section 9 of the Small Business Act (15 U.S.C. 638):
            (A) Paragraphs (4) through (7) of subsection (b).
            (B) Subsections (e) through (l).

        (12) The term ``Small Business Technology Transfer Program'' 
    means the program established under the following provisions of such 
    section:
            (A) Paragraphs (4) through (7) of subsection (b).
            (B) Subsections (e) and (n) through (p).

        (13) The term ``significant equity percentage'' means--
            (A) a level of contribution and participation sufficient, 
        when compared to the other non-Federal participants in the 
        partnership or other cooperative arrangement involved, to 
        demonstrate a comparable long-term financial commitment to the 
        product or process development involved; and
            (B) any other criteria the Secretary may consider necessary 
        to ensure an appropriate equity mix among the participants.

        (14) The term ``person of a foreign country'' has the meaning 
    given such term in section 3502(d) of the Primary Dealers Act of 
    1988 (22 U.S.C. 5342(d)).

(Added Pub. L. 102-484, div. D, title XLII, Sec. 4203(a), Oct. 23, 1992, 
106 Stat. 2661, Sec. 2491; amended Pub. L. 103-160, div. A, title XI, 
Sec. 1182(a)(9), title XIII, Sec. 1315(f), Nov. 30, 1993, 107 Stat. 
1771, 1788; Pub. L. 103-337, div. A, title XI, Secs. 1113(d), 1115(e), 
Oct. 5, 1994, 108 Stat. 2866, 2869; Pub. L. 104-106, div. A, title X, 
Sec. 1081(h), Feb. 10, 1996, 110 Stat. 455; renumbered Sec. 2500 and 
amended Pub. L. 105-85, div. A, title III, Sec. 371(b)(3), title X, 
Sec. 1073(a)(53), Nov. 18, 1997, 111 Stat. 1705, 1903.)


                            Prior Provisions

    Provisions similar to those in this section were contained in former 
sections 2511 and 2521 of this title prior to repeal by Pub. L. 102-484, 
Sec. 4202(a).


                               Amendments

    1997--Pub. L. 105-85, Sec. 371(b)(3), renumbered section 2491 of 
this title as this section.
    Par. (8). Pub. L. 105-85, Sec. 1073(a)(53), substituted ``that is 
identified under section 2505 of this title as critical for attaining 
the national security objectives set forth in section 2501(a) of this 
title.'' for ``that appears on the list of critical technologies 
contained, pursuant to subsection (b)(4) 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.''
    1996--Pars. (11) to (16). Pub. L. 104-106 redesignated pars. (13) to 
(16) as (11) to (14), respectively, and struck out former pars. (11) and 
(12) which read as follows:
    ``(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.''
    1994--Par. (5). Pub. L. 103-337, Sec. 1113(d), inserted before 
period at end ``, except that such terms include a federally funded 
research and development center sponsored by a Federal agency''.
    Par. (16). Pub. L. 103-337, Sec. 1115(e), added par. (16).
    1993--Par. (2). Pub. L. 103-160, Sec. 1182(a)(9)(A), substituted 
``nonmilitary applications'' for ``nonmilitary application''.
    Par. (8). Pub. L. 103-160, Sec. 1182(a)(9)(B), substituted 
``subsection (b)(4)'' for ``subsection (f)''.
    Pars. (13) to (15). Pub. L. 103-160, Sec. 1315(f), added pars. (13) 
to (15).


                      Short Title of 1994 Amendment

    Section 1101 of title XI of div. A of Pub. L. 103-337 provided that: 
``This title [enacting sections 2519 and 2520 of this title, amending 
this section, sections 1151, 1152, 2391, 2511 to 2513, and 2524 of this 
title, and sections 1662d and 1662d-1 of Title 29, Labor, and enacting 
and amending provisions set out as notes under section 2501 of this 
title] may be cited as the `Defense Conversion, Reinvestment, and 
Transition Assistance Amendments of 1994'.''


                      Short Title of 1993 Amendment

    Section 1301 of title XIII of div. A of Pub. L. 103-160 provided 
that: ``This title [enacting sections 1152 and 1153 of this title and 
sections 1279d, 1279e, and 1280a of the Appendix to Title 46, Shipping, 
amending this section, sections 1142, 1151, 1598, 2410j, 2501, 2502, 
2511 to 2513, 2523, and 2524 of this title, sections 1551 and 1662d-1 of 
Title 29, Labor, section 31326 of Title 46, and sections 1271, 1273, 
1274, and 1274a of the Appendix to Title 46, repealing section 2504 of 
this title, enacting provisions set out as notes under sections 1143, 
1151, 2501, 2511, 2701, and 5013 of this title, section 1662d-1 of Title 
29, and sections 1279b and 1279d of the Appendix to Title 46, amending 
provisions set out as notes under sections 1143, 2391, and 2501 of this 
title, and repealing provisions set out as a note under section 2701 of 
this title] may be cited as the `Defense Conversion, Reinvestment, and 
Transition Assistance Amendments of 1993'.''


                               Short Title

    Section 4001 of Pub. L. 102-484 provided that: ``This division [div. 
D (Secs. 4001-4501) of Pub. L. 102-484, see Tables for classification] 
may be cited as the `Defense Conversion, Reinvestment, and Transition 
Assistance Act of 1992'.''


   Application of 1993 Amendments to Existing Technology Reinvestment 
                                Projects

    Amendment by section 1315(f) of Pub. L. 103-160 not to alter 
financial commitment requirements in effect on the day before Nov. 30, 
1993, for non-Federal Government participants in a project funded under 
section 2511, 2512, 2513, 2523, or 2524 of this title, using funds 
appropriated for a fiscal year beginning before Oct. 1, 1993, see 
section 1315(g) of Pub. L. 103-160, set out as a note under section 2511 
of this title.


                         Congressional Findings

    Section 4101 of Pub. L. 102-484 provided that: ``Congress makes the 
following findings:
        ``(1) The collapse of communism in Eastern Europe and the 
    dissolution of the Soviet Union have fundamentally changed the 
    military threat that formed the basis for the national security 
    policy of the United States since the end of World War II.
        ``(2) The change in the military threat presents a unique 
    opportunity to restructure and reduce the military requirements of 
    the United States.
        ``(3) As the United States proceeds with the post-Cold War 
    defense build down, the Nation must recognize and address the impact 
    of reduced defense spending on the military personnel, civilian 
    employees, and defense industry workers who have been the foundation 
    of the national defense policies of the United States.
        ``(4) The defense build down will have a significant impact on 
    communities as procurements are reduced and military installations 
    are closed and realigned.
        ``(5) Despite the changes in the military threat, the United 
    States must maintain the capability to respond to regional conflicts 
    that threaten the national interests of the United States, and to 
    reconstitute forces in the event of an extended conflict.
        ``(6) The skills and capabilities of military personnel, 
    civilian employees of the Department of Defense, defense industry 
    workers, and defense industries represent an invaluable national 
    resource that can contribute to the economic growth of the United 
    States and to the long-term vitality of the national technology and 
    industrial base.
        ``(7) Prompt and vigorous implementation of defense conversion, 
    reinvestment, and transition assistance programs is essential to 
    ensure that the defense build down is structured in a manner that--
            ``(A) enhances the long-term ability of the United States to 
        maintain a strong and vibrant national technology and industrial 
        base; and
            ``(B) promotes economic growth.''


                Purposes of Title XLII of Pub. L. 102-484

    Section 4201 of title XLII of div. D of Pub. L. 102-484 provided 
that: ``The purposes of this title [see Tables for classification] are 
to consolidate, revise, clarify, and reenact policies and requirements, 
and to enact additional policies and requirements, relating to the 
national technology and industrial base, defense reinvestment, and 
defense conversion programs that further national security objectives.''


      Transition Provision; ``Defense Critical Technology'' Defined

    Section 4203(b) of Pub. L. 102-484 provided that until first 
national technology and industrial base assessment was submitted to 
Congress by Secretary of Defense pursuant to former section 2506(e) of 
this title, the term ``defense critical technology'' for purposes of 
this chapter, would have meaning given such term in section 2521 of this 
title, as in effect on day before Oct. 23, 1992.

                  Section Referred to in Other Sections

    This section is referred to in sections 2474, 2534 of this title.
