Page:United States Statutes at Large Volume 105 Part 2.djvu/475

 PUBLIC LAW 102-190—DEC. 5, 1991 105 STAT. 1427 "(5) The term 'dual-use critical technology' means a critical technology that has military applications and nonmilitary commercial applications. "(6) 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; 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. "(7) The term 'Pacific Rim country' means a foreign country located on or near the periphery of the Pacific Ocean. "§ 2523. Defense dual-use critical technology partnerships "(a) ESTABLISHMENT OF PARTNERSHIPS. —The Secretary of Defense, acting through the Director of Defense Research and Engineering, shall conduct a program providing for the establishment of cooperative arrangements (hereinafter in this section referred to as 'partnerships') between the Department of Defense and entities referred to in subsection (b) in order to encourage and provide for research, development, and application of dual-use critical technologies. The Grants. Secretary may make grants, enter into contracts, or enter into Contracts. cooperative agreements and other transactions pursuant to section 2371 of this title in order to establish the partnerships. "(b) NON-DEPARTMENT OF DEFENSE PARTICIPANTS. — In the case of each partnership, the entities with which the Secretary enters into the partnership shall include two or more eligible firms or a nonprofit research corporation established by two or more eligible firms and, may also include, as determined appropriate by the Secretary of Defense, a Federal laboratory or laboratories, institutions of higher education, agencies of State governments, and other entities that participate in the partnership by supporting the activities conducted by such firms or corporations under this section. " (c) FINANCIAL COMMITMENT OF NON-FEDERAL GOVERNMENT PARTICIPANTS.— The Secretary of Defense shall ensure that, to the maximum extent he determines to be practicable, the amount of the funds provided by the Federal Government under a partnership does not exceed the total amount provided by non-Federal Government participants in that partnership. "(d) ASSISTANCE AUTHORIZED.— The Secretary of Defense may provide a partnership with technical and other assistance to facilitate the achievement of the purposes of this section. "(e) SELECTION PROCESS.— Competitive procedures shall be used in the establishment of partnerships, except that procedures other

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