For purposes of this chapter, the following definitions shall apply:
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.
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.
The term "critical technology" includes any technology designated by the President to be essential to the national defense.
The term "critical technology item" means materials directly employing, derived from, or utilizing a critical technology.
The term "defense contractor" means any person who enters into a contract with the United States-
The term "domestic 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, national emergency, or war.
Except as provided in subparagraph (B), the term "domestic source" means a business concern-
For purposes of subchapter II, the term "domestic source" means a business concern that-
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).
For purposes of subclause (I), the term "national defense matter" is a matter relating to the development or production of-
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.
The term "foreign source" means a business entity other than a "domestic source".
The term "guaranteeing agency" means a department or agency of the United States engaged in procurement for the national defense.
The term "homeland security" includes efforts-
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.
The term "materials" includes-
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.
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.
The term "services" includes any effort that is needed for or incidental to-
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.
50 U.S.C. § 4552
Termination of Section For termination of section, see section 4564(a) of this title.
EDITORIAL NOTES
REFERENCES IN TEXTThis 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.
CODIFICATIONSection was formerly classified to section 2152 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
AMENDMENTS2023-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 AMENDMENT Amendment 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.