Page:United States Statutes at Large Volume 124.djvu/3396

 124 STAT. 3370 PUBLIC LAW 111–314—DEC. 18, 2010 (b) NATIONAL INTERESTS.— (1) DEFINITION OF UNITED STATES COMMERCIAL PROVIDER.— In this subsection, the term ‘‘United States commercial pro- vider’’ means a commercial provider (as defined in section 30308(a) of this title), organized under the laws of the United States or of a State (as defined in section 30308(a) of this title), which is— (A) more than 50 percent owned by United States nationals; or (B) a subsidiary of a foreign company and the Secretary of Commerce finds that— (i) such subsidiary has in the past evidenced a substantial commitment to the United States market through— (I) investments in the United States in long- term research, development, and manufacturing (including the manufacture of major components and subassemblies); and (II) significant contributions to employment in the United States; and (ii) the country or countries in which such foreign company is incorporated or organized, and, if appro- priate, in which it principally conducts its business, affords reciprocal treatment to companies described in subparagraph (A) comparable to that afforded to such foreign company’s subsidiary in the United States, as evidenced by— (I) providing comparable opportunities for companies described in subparagraph (A) to participate in Government sponsored research and development similar to that authorized under this section, section 30307, 30308, 30309, or 30702 of this title, or the National Aeronautics and Space Administration Authorization Act of 2000 (Public Law 106–391, 114 Stat. 1577); (II) providing no barriers to companies described in subparagraph (A) with respect to local invest- ment opportunities that are not provided to foreign companies in the United States; and (III) providing adequate and effective protection for the intellectual property rights of companies described in subparagraph (A). (2) IN GENERAL.—Before entering into an obligation described in subsection (a), the Administrator shall consider the national interests of the United States described in paragraph (3) of this subsection. (3) DESCRIPTION OF NATIONAL INTERESTS.—International cooperation in space exploration and science activities most effectively serves the United States national interest when it— (A)(i) reduces the cost of undertaking missions the United States Government would pursue unilaterally; (ii) enables the United States to pursue missions that it could not otherwise afford to pursue unilaterally; or (iii) enhances United States capabilities to use and develop space for the benefit of United States citizens;