Page:United States Statutes at Large Volume 121.djvu/618

 PUBLIC LAW 110–69—AUG. 9, 2007

121 STAT. 597

‘‘(A) is majority owned by citizens of the United States; or

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‘‘(B) is owned by a parent company incorporated in another country and the Director finds that— ‘‘(i) the company’s participation in the Technology Innovation Program would be in the economic interest of the United States, as evidenced by— ‘‘(I) investments in the United States in research and manufacturing; ‘‘(II) significant contributions to employment in the United States; and ‘‘(III) agreement with respect to any technology arising from assistance provided under this section to promote the manufacture within the United States of products resulting from that technology; and ‘‘(ii) the company is incorporated in a country which— ‘‘(I) affords to United States-owned companies opportunities, comparable to those afforded to any other company, to participate in any joint venture similar to those receiving funding under this section; ‘‘(II) affords to United States-owned companies local investment opportunities comparable to those afforded any other company; and ‘‘(III) affords adequate and effective protection for intellectual property rights of United Statesowned companies; ‘‘(2) the term ‘high-risk, high-reward research’ means research that— ‘‘(A) has the potential for yielding transformational results with far-ranging or wide-ranging implications; ‘‘(B) addresses critical national needs within the National Institute of Standards and Technology’s areas of technical competence; and ‘‘(C) is too novel or spans too diverse a range of disciplines to fare well in the traditional peer-review process; ‘‘(3) the term ‘institution of higher education’ has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); ‘‘(4) the term ‘joint venture’ means a joint venture that— ‘‘(A) includes either— ‘‘(i) at least 2 separately owned for-profit companies that are both substantially involved in the project and both of which are contributing to the cost-sharing required under this section, with the lead entity of the joint venture being one of those companies that is a small-sized or medium-sized business; or ‘‘(ii) at least 1 small-sized or medium-sized business and 1 institution of higher education or other organization, such as a national laboratory or nonprofit research institute, that are both substantially involved in the project and both of which are contributing to the cost-sharing required under this section, with the lead entity of the joint venture being either that small-

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