r/title-10-ARMED-FORCES wiki — defined terms
The statute’s own glossary: every term Title 10 defines, in section order.
“Inspector General” applies in that section
The term “Inspector General” means an Inspector General appointed under chapter 4 of title 5 and any Inspector General that receives funding from, or has oversight over contracts or grants awarded for or on behalf of, the Secretary of Defense.;
“qualified training program” applies in that section
The term “qualified training program” means any of the following: (1) A program eligible to receive funds under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq.). (2) A program eligible to receive funds under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq.). (3) A program registered under the Act of August 16, 1937 (commonly known as the “National Apprenticeship Act”; 50 Stat. 664 ; chapter 663; 29 U.S.C. 50 et seq.). (4) Any other program determined to be a qualified training program for purposes of this section, and that meets the workforce needs of the Department of Defense, as determined by the Secretary of Defense.
“remote or isolated installation” applies in that section
The term “remote or isolated installation” means a military installation (as defined in section 2801 of this title ) that is a remote military installation, as determined by the Secretary pursuant to the policy required by section 565 of the National Defense Authorization Act for Fiscal Year 2022 ( 10 U.S.C. 1781b note).;
“remote or isolated installation contractor employee” applies in that section
The term “remote or isolated installation contractor employee” means an individual who— (A) is an employee of a contractor; (B) as such an employee, provides goods or services to a remote or isolated installation; and (C) resides in the same geographic area as such remote or isolated installation.
“critical technology” applies throughout its subpart
The term “critical technology” means a technology that is— (A) a national critical technology; or (B) a defense critical technology.;
“defense critical technology” applies throughout its subpart
The term “defense critical technology” means a technology that is identified under section 4816 of this title as critical for attaining the national security objectives set forth in section 4811(a) of this title .;
“dual-use critical technology” applies throughout its subpart
The term “dual-use critical technology” means a critical technology that has military applications and nonmilitary applications.;
“eligible firm” applies throughout its subpart
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, manufacturing, integration, services, and information technology 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 …
“Federal laboratory” applies throughout its subpart
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.;
“integration” applies throughout its subpart
The term “integration” means the process of providing systems engineering and technical direction for a system for the purpose of achieving capabilities that satisfy program requirements.
“laboratory” applies throughout its subpart
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.;
“manufacturing technology” applies throughout its subpart
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.;
“national critical technology” applies throughout its subpart
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) 1 of the National Science and Technology Policy, Organization, and Priorities Act of 1976 ( 42 U.S.C. 6683(d) ).;
“national technology and industrial base” applies throughout its subpart
The term “national technology and industrial base” means the persons and organizations that are engaged in research, development, production, integration, services, or information technology activities conducted within the United States, the United Kingdom of Great Britain and Northern Ireland, Australia, New Zealand, 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.;
“person of a foreign country” applies throughout its subpart
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) ).;
“significant equity percentage” applies throughout its subpart
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.;
“Small Business Innovation Research Program” applies throughout its subpart
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 ).;
“Small Business Technology Transfer Program” applies throughout its subpart
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).;
“technology and industrial base sector” applies throughout its subpart
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, production, integration, services, or information technology activities.;
“covered country” applies in that section
The term “covered country” means— (A) the Russian Federation; (B) the Republic of Cuba; (C) the Bolivarian Republic of Venezuela; (D) the Democratic People’s Republic of Korea; (E) the Islamic Republic of Iran; and (F) the People’s Republic of China.;
“reliable source” applies in that section
The term “reliable source” means a citizen of, or business entity organized under the laws of— (A) the United States or any territory or possession of the United States; (B) a country of the national technology and industrial base, as defined in section 4801; or (C) a qualifying country, as defined in section 225.003 of the Department of Defense Supplement to the Federal Acquisition Regulation or any successor regulation.;
“Secretary” applies in that section
The term “Secretary” means the Secretary of Defense.;
“strategic and critical materials” applies in that section
The term “strategic and critical materials” has the meaning given that term in section 12(1) of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98h–3(1) ).
“national defense” applies in that section
The term “national defense” means programs for military and atomic energy production or construction, military assistance to any foreign nation, stockpiling, space, and directly related activity.
“person” applies in that section
The term “person” includes an individual, corporation, partnership, association, or any other organized group of persons, or legal successor or representative of the foregoing, and includes the United States or any agency thereof, or any other government, or any of its political subdivisions, or any agency of any of the foregoing, except that no punishment provided by this section shall apply to the United States, or to any such government, political subdivision, or government agency.;
“defense laboratory” applies in that section
the term “defense laboratory” means any laboratory owned or operated by the Department of Defense that carries out research in fiscal year 1993 in an amount in excess of $50,000,000.
“advanced manufacturing” applies in that section
the term “advanced manufacturing” means manufacturing through the use of interconnected, advanced technologies throughout the design and manufacturing process that enables modular, adaptable, and efficient manufacturing, including software-controlled subtractive manufacturing, additive manufacturing, powder bed fusion manufacturing, and other similar manufacturing techniques.
“prospective technology users” applies in that section
the term “prospective technology users” means the following officials and elements of the Department of Defense: (A) Program and project managers for defense weapon systems. (B) Systems commands. (C) Depots. (D) Air logistics centers. (E) Shipyards. (d) Competition and Cost Sharing .— (1) In accordance with the policy stated in section 4008 of this title , competitive procedures shall be used for awarding all grants and entering into all contracts, cooperative agreements, and other transactions under the program.
“institution of higher education” applies in that section
the term “institution of higher education” has the meaning given such term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ).
“manufacturing expert” applies in that section
the term “manufacturing expert” means manufacturing managers and workers having experience in the organization of production and education and training needs and other experts in manufacturing.
“foreign firm” applies in that section
The term “foreign firm” means a business entity other than a United States firm.
“United States firm” applies in that section
The term “United States firm” means a business entity that performs substantially all of its manufacturing, production, and research and development activities in the United States.;
“goods which are other than American goods” applies in that section
the term “goods which are other than American goods” means— (1) an end product that is not mined, produced, or manufactured in the United States; or (2) an end product that is manufactured in the United States but which includes components mined, produced, or manufactured outside the United States the aggregate cost of which exceeds the aggregate cost of the components of such end product that are mined, produced, or manufactured in the United States.
“covered foreign country” applies in that section
the term “covered foreign country” means The People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, or the Democratic People’s Republic of Korea. (h) Exception for Small Purchases .— (1) Except with respect to purchases of flags of the United States, subsection (a) does not apply to purchases for amounts not greater than $150,000. A proposed procurement of an item in an amount greater than $150,000 may not be divided into several purchases or contracts for lesser amounts in order to qualify for this exception.
“United States” applies in that section
the term “United States” includes the possessions of the United States. (k) Notification Required Within 7 Days After Contract Award If Certain Exceptions Applied .— In the case of any contract for the procurement of an item described in subparagraph (B), (C), (D), or (E) of subsection (b)(1), if the Secretary of Defense or of the military department concerned applies an exception set forth in subsection (c) or (e) with respect to that contract, the Secretary shall, not later than 7 days after the award of the contract, post a notification that the exception has been applied on the Internet site maintained by the General Services Administration known as FedBizOpps.gov (or any successor …
“acquisition” applies in that section
The term “acquisition” has the meaning provided in section 131 of title 41 . (4) The term “required form” shall not apply to end items or to their components at any tier.
“assemblies” applies in that section
The term “assemblies” means items forming a portion of a system or subsystem that can be provisioned and replaced as an entity and which incorporates multiple, replaceable parts.;
“commercial derivative military article” applies in that section
The term “commercial derivative military article” means an item procured by the Department of Defense that is or will be produced using the same production facilities, a common supply chain, and the same or similar production processes that are used for the production of articles predominantly used by the general public or by nongovernmental entities for purposes other than governmental purposes.;
“commercially available off-the-shelf” applies in that section
The term “commercially available off-the-shelf”, has the meaning provided in section 104 of title 41 .;
“compliant specialty metal” applies in that section
the term “compliant specialty metal” means specialty metal melted or produced in the United States. (2) This subsection applies to prime contracts and subcontracts at any tier under such contracts. (3) The authority in subsection (b)(1)— (A) may be delegated to the head of contracting activity for the relevant component for an exception for a single acquisition program; (B) may be delegated to the senior acquisition executive of a military department for an exception for multiple programs within such military department; and (C) may be delegated to the Undersecretary of Defense for Acquisition and Sustainment for an exception for more than one military department.
“component” applies in that section
The term “component” has the meaning provided in section 105 of title 41 .;
“end item” applies in that section
The term “end item” means the final production product when assembled or completed, and ready for issue, delivery, or deployment.;
“qualifying foreign government” applies in that section
The term “qualifying foreign government” means the government of a country with which the United States has in effect a reciprocal defense procurement agreement or memorandum of understanding entered into pursuant to section 4851 of this title .
“required form” applies in that section
The term “required form” means in the form of mill product, such as bar, billet, wire, slab, plate or sheet, and in the grade appropriate for the production of— (A) a finished end item delivered to the Department of Defense; or (B) a finished component assembled into an end item delivered to the Department of Defense.;
“specialty metal” applies in that section
the term “specialty metal” means any of the following: (1) Steel— (A) with a maximum alloy content exceeding one or more of the following limits: manganese, 1.65 percent; silicon, 0.60 percent; or copper, 0.60 percent; or (B) containing more than 0.25 percent of any of the following elements: aluminum, chromium, cobalt, columbium, molybdenum, nickel, titanium, tungsten, or vanadium. (2) Metal alloys consisting of nickel, iron-nickel, and cobalt base alloys containing a total of other alloying metals (except iron) in excess of 10 percent. (3) Titanium and titanium alloys. (4) Zirconium and zirconium base alloys. (n) Additional Definitions .— In this section:;
“subcontract” applies in that section
The term “subcontract” includes a subcontract at any tier.;
“subsystem” applies in that section
The term “subsystem” means a functional grouping of items that combine to perform a major function within an end item, such as electrical power, attitude control, and propulsion.;
“United States” applies in that section
The term “United States” includes possessions of the United States.;
“auxiliary ship” applies in that section
the term “auxiliary ship”— (A) with respect to a contract entered into after December 20, 2019 , does not include an icebreaker or a special mission ship; and (B) with respect to a contract entered into on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2025, includes an icebreaker or a special mission ship, unless the Secretary of the Navy certifies to Congress that the forecasted sales over a four-year period of large medium-speed diesel engines manufactured in the national technology and industrial base will not fall below the minimum sustaining rate for plant operations of a diminishing manufacturing source.
“United States firm” applies in that section
the term “United States firm” has the meaning given such term in section 4852(d)(1) of this title . (f) Principle of Construction With Future Laws .— A provision of law may not be construed as modifying or superseding the provisions of this section, or as requiring funds to be limited, or made available, by the Secretary of Defense to a particular domestic source by contract, unless that provision of law— (1) specifically refers to this section; (2) specifically states that such provision of law modifies or supersedes the provisions of this section; and (3) specifically identifies the particular domestic source involved and states that the contract to be awarded pursuant to such provision …
“existing acquisition program” applies in that section
The term “existing acquisition program” means a defense acquisition program that has reached the initiation of the engineering and manufacturing development phase, or an equivalent phase of development, including a defense acquisition program that has undergone a formal Milestone B approval or equivalent decision point, before the date of the enactment of this Act.;
“functional cell component” applies in that section
The term “functional cell component” means the cathode materials, anode materials, separators, anode foils, and other functional materials of an advanced battery that contribute to the chemical processes necessary for energy storage, including solvents, additives, electrolyte salts, and internal safety devices. (4) The “foreign entity of concern” has the meaning given such term under section 40207(a) of the Infrastructure Investment and Jobs Act ( 42 U.S.C. 18741(a) ), and includes entities specified in section 154 of the National Defense Authorization Act for Fiscal Year 2024 ( Public Law 118–31 ; 10 U.S.C. 4651 note prec.).;
“new acquisition program” applies in that section
The term “new acquisition program” means a defense acquisition program that has not reached the initiation of the engineering and manufacturing development phase, or an equivalent phase of development, including a defense acquisition program that has not undergone a formal Milestone B approval or equivalent decision point, before the date of the enactment of this Act.;
“standard battery” applies in that section
The term “standard battery” means a battery that used in more than one weapons system and are not managed by one portfolio acquisition executive.
“covered material” applies in that section
The term “covered material” means— (A) samarium-cobalt magnets; (B) neodymium-iron-boron magnets; (C) tungsten metal powder; (D) tungsten heavy alloy or any finished or semi-finished component containing tungsten heavy alloy; (E) tantalum metals and alloys; and (F) molybdenum. (2) Covered nation .—
“covered nation” applies in that section
The term “covered nation” means— (A) the Democratic People’s Republic of North Korea; (B) the People’s Republic of China; (C) the Russian Federation; and (D) the Islamic Republic of Iran. (3) End item .—
“end item” applies in that section
The term “end item” has the meaning given in section 4863(m) of this title .
“commercial product” applies in that section
The terms “commercial product”, “commercial service”, and “commercially available off-the-shelf item” have the meanings given such terms in sections 103, 103a, and 104 of title 41, respectively. (5) Defense security system.—;
“commercial service” applies in that section
The terms “commercial product”, “commercial service”, and “commercially available off-the-shelf item” have the meanings given such terms in sections 103, 103a, and 104 of title 41, respectively. (5) Defense security system.—;
“commercially available off-the-shelf item” applies in that section
The terms “commercial product”, “commercial service”, and “commercially available off-the-shelf item” have the meanings given such terms in sections 103, 103a, and 104 of title 41, respectively. (5) Defense security system.—;
“covered nation” applies in that section
The term “covered nation” means— (A) the Democratic People’s Republic of North Korea; (B) the People’s Republic of China; (C) the Russian Federation; and (D) the Islamic Republic of Iran. (2) Covered printed circuit board .—
“covered printed circuit board” applies in that section
The term “covered printed circuit board” means any specified type of partially manufactured or complete bare printed circuit board or fully or partially assembled printed circuit board that— (A) performs a mission critical function in any product or service that is not a commercial product or commercial service; or (B) is a component of— (i) a defense security system; or (ii) a system, other than a defense security system, that transmits or stores information and which the Secretary identifies as national security sensitive in the contract under which such printed circuit board is acquired. (3) Secretary .—
“defense security system” applies in that section
The term “defense security system” means an information system (including a telecommunications system) used or operated by the Department of Defense, by a contractor of the Department, or by another organization on behalf of the Department, the function, operation, or use of which— (i) involves command and control of an armed force; (ii) involves equipment that is an integral part of a weapon or weapon system; or (iii) subject to subparagraph (B), is critical to the direct fulfillment of military missions.
“Secretary” applies in that section
The term “Secretary” means the Secretary of Defense. (4) Commercial product; commercial service; commercially available off-the shelf item .—
“specified type” applies in that section
The term “specified type” means a printed circuit board that is— (A) a component of an electronic device that facilitates the routing, connecting, transmitting or securing of data and is commonly connected to a network, and (B) any other end item, good, or product specified by the Secretary in accordance with subsection (d)(2).
“entity controlled by a foreign government” applies in that section
The term “entity controlled by a foreign government” includes— (A) any domestic or foreign organization or corporation that is effectively owned or controlled by a foreign government; and (B) any individual acting on behalf of a foreign government, as determined by the Secretary concerned. Such term does not include an organization or corporation that is owned, but is not controlled, either directly or indirectly, by a foreign government if the ownership of that organization or corporation by that foreign government was effective before October 23, 1992 .;
“proscribed category of information” applies in that section
The term “proscribed category of information” means a category of information that— (A) with respect to Department of Defense contracts— (i) includes special access information; (ii) is determined by the Secretary of Defense to include information the disclosure of which to an entity controlled by a foreign government is not in the national security interests of the United States; and (iii) is defined in regulations prescribed by the Secretary of Defense for the purposes of this section; and (B) with respect to Department of Energy contracts— (i) is determined by the Secretary of Energy to include information described in subparagraph (A)(ii); and (ii) is defined in regulations prescribed …
“Secretary concerned” applies in that section
The term “Secretary concerned” means— (A) the Secretary of Defense, with respect to Department of Defense contracts; and (B) the Secretary of Energy, with respect to Department of Energy contracts.
“covered item” applies in that section
The term “covered item” means an article or item of— (A) personal protective equipment for use in preventing spread of disease, such as by exposure to infected individuals or contamination or infection by infectious material (including nitrile and vinyl gloves, surgical masks, respirator masks and powered air purifying respirators and required filters, face shields and protective eyewear, surgical and isolation gowns, and head and foot coverings) or clothing, and the materials and components thereof, other than sensors, electronics, or other items added to and not normally associated with such personal protective equipment or clothing; or (B) sanitizing and disinfecting wipes, testing …
“covered nation” applies in that section
The term “covered nation” means— (A) the Democratic People’s Republic of North Korea; (B) the People’s Republic of China; (C) the Russian Federation; and (D) the Islamic Republic of Iran.
“Defense Industrial Reserve” applies in that section
The term “Defense Industrial Reserve” means— (A) a general reserve of industrial manufacturing equipment, including machine tools, selected by the Secretary of Defense for retention for national defense or for other emergency use; (B) those industrial plants and installations held by and under the control of the Department of Defense in active or inactive status, including Government-owned/Government-operated plants and installations and Government-owned/contractor-operated plants and installations which are retained for use in their entirety, or in part, for production of military weapons systems, munitions, components, or supplies; and (C) those industrial plants and installations under …
“plant equipment package” applies in that section
The term “plant equipment package” means a complement of active and idle machine tools and other industrial manufacturing equipment held by and under the control of the Department of Defense and approved by the Secretary for retention to produce particular defense materiel or defense supporting items at a specific level of output in the event of emergency.
“disadvantaged small business concern” applies in that section
The term “disadvantaged small business concern” means a firm that is not more than the size standard corresponding to its primary North American Industry Classification System code, is not owned or managed by individuals or entities that directly or indirectly have stock options or convertible securities in the mentor firm, and is— (A) a small business concern owned and controlled by socially and economically disadvantaged individuals; (B) a business entity owned and controlled by an Indian tribe as defined by section 8(a)(13) of the Small Business Act ( 15 U.S.C.
“historically Black college and university” applies in that section
The term “historically Black college and university” means any of the historically Black colleges and universities referred to in section 2323 of this title , as in effect on March 1, 2018 .;
“minority institution of higher education” applies in that section
The term “minority institution of higher education” means an institution of higher education with a student body that reflects the composition specified in section 312(b)(3), (4), and (5) of the Higher Education Act of 1965 ( 20 U.S.C. 1058(b)(3) , (4), and (5)). 1;
“qualified organization employing the severely disabled” applies in that section
The term “qualified organization employing the severely disabled” means a business entity operated on a for-profit or nonprofit basis that— (A) uses rehabilitative engineering to provide employment opportunities for severely disabled individuals and integrates severely disabled individuals into its workforce; (B) employs severely disabled individuals at a rate that averages not less than 20 percent of its total workforce; (C) employs each severely disabled individual in its workforce generally on the basis of 40 hours per week; and (D) pays not less than the minimum wage prescribed pursuant to section 6 of the Fair Labor Standards Act of 1938 ( 29 U.S.C.
“severely disabled individual” applies in that section
The term “severely disabled individual” means an individual who is blind (as defined in section 8501 of title 41 ) or a severely disabled individual (as defined in such section).;
“small business concern” applies in that section
The term “small business concern” has the meaning given such term under section 3 of the Small Business Act ( 15 U.S.C. 632 ).;
“business entity” applies throughout its chapter
The term “business entity” means a corporation, association, partnership, limited liability company, limited liability partnership, consortia, not-for-profit, or other legal entity.
“distressed area” applies throughout its chapter
The term “distressed area” means— (A) the area of a unit of local government (or such area excluding the area of any defined political jurisdiction within the area of such unit of local government) that— (i) has a per capita income of 80 percent or less of the State average; or (ii) has an unemployment rate that is one percent greater than the national average for the most recent 24-month period for which statistics are available; or (B) a reservation, as defined in section 3(d) of the Indian Financing Act of 1974 ( Public Law 93–262 ; 25 U.S.C. 1452(d) ).;
“eligible entity” applies throughout its chapter
The term “eligible entity” means any of the following: (A) A State. (B) A local government. (C) A nonprofit organization. (D) A tribal organization, as defined in section 4( l ) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ( l )), or an economic enterprise, as defined in section 3(e) of the Indian Financing Act of 1974 ( Public Law 93–262 ; 25 U.S.C. 1452(e) ), whether or not such economic enterprise is organized for profit purposes or nonprofit purposes.;
“local government” applies throughout its chapter
The terms “State” and “local government” have the meaning given those terms in section 6302 of title 31 .;
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of Defense acting through the Under Secretary of Defense for Acquisition and Sustainment.;
“State” applies throughout its chapter
The terms “State” and “local government” have the meaning given those terms in section 6302 of title 31 .;
“covered contract” applies in that section
The term “covered contract” means a contract— (A) awarded to a qualified small business concern as defined pursuant to section 3(a) of the Small Business Act; and (B) with an estimated annual value— (i) that will exceed the applicable receipt-based small business size standard; or (ii) if the contract is in an industry with an employee-based size standard, that will exceed $70,000,000.;
“covered small business” applies in that section
The term “covered small business” means a qualified small business concern as defined pursuant to section 3(a) of the Small Business Act that has entered into a contract with the Department of Defense that includes a contract clause described in subsection (a)(2).
“defense article” applies throughout its subchapter
The terms “defense article”, “defense services”, and “design and construction services” have the meanings given those terms in section 47 of the Arms Export Control Act ( 22 U.S.C. 2794 ). (2) The term “cost”, with respect to a loan guarantee, has the meaning given that term in section 502 of the Congressional Budget and Impoundment Control Act of 1974 ( 2 U.S.C. 661a ).
“defense services” applies throughout its subchapter
The terms “defense article”, “defense services”, and “design and construction services” have the meanings given those terms in section 47 of the Arms Export Control Act ( 22 U.S.C. 2794 ). (2) The term “cost”, with respect to a loan guarantee, has the meaning given that term in section 502 of the Congressional Budget and Impoundment Control Act of 1974 ( 2 U.S.C. 661a ).
“design and construction services” applies throughout its subchapter
The terms “defense article”, “defense services”, and “design and construction services” have the meanings given those terms in section 47 of the Arms Export Control Act ( 22 U.S.C. 2794 ). (2) The term “cost”, with respect to a loan guarantee, has the meaning given that term in section 502 of the Congressional Budget and Impoundment Control Act of 1974 ( 2 U.S.C. 661a ).
“non-standard acquisition and requirements processes and responsibilities” applies in that section
the term “non-standard acquisition and requirements processes and responsibilities” means the processes and responsibilities described in— (A) the memorandum of the Secretary of Defense titled “Missile Defense Program Direction” signed on January 2, 2002 , as in effect on the date of the enactment of this subsection or as modified in accordance with this subsection, or any successor memorandum issued in accordance with this subsection; (B) Department of Defense Directive 5134.09, as in effect on the date of the enactment of this subsection (without regard to any modifications described in Directive-type Memorandum 20–002 of the Deputy Secretary of Defense, or any amendments or extensions …
“engineering and manufacturing development” applies in that section
the term “engineering and manufacturing development” means the period in the course of an acquisition program during which the primary objectives are to— (A) translate the most promising design approach into a stable, interoperable, producible, supportable, and cost-effective design; (B) validate the manufacturing or production process; and (C) demonstrate system capabilities through testing.
“missile defense and defeat programs” applies in that section
The term “missile defense and defeat programs” means active and passive ballistic missile defense programs, cruise missile defense programs for the homeland, and missile defeat programs.
“kinetic missile defense activities” applies in that section
The term “kinetic missile defense activities” means any action intended to physically intercept, neutralize, or destroy a missile, projectile, aircraft, or other airborne threat, including those using kinetic interceptors or directed energy.;
“kinetic missile defense capabilities” applies in that section
The term “kinetic missile defense capabilities” means any system or platform that is designed to be able to carry out kinetic missile defense activities.;
“subscription-based service” applies in that section
The term “subscription-based service” means any arrangement in which a private entity provides ongoing or recurring operational access to missile defense capabilities in exchange for periodic payment.
“covered air and missile defense capabilities” applies in that section
the term “covered air and missile defense capabilities” means Patriot air and missile defense batteries and associated interceptors and systems, Aegis ships and associated ballistic missile interceptors (including Aegis Ashore capability), AN/TPY–2 radars, or terminal high altitude area defense batteries and interceptors.
“covered system” applies in that section
the term “covered system” means a new or substantially upgraded interceptor or weapon system of the ballistic missile defense system.
“Administration” applies throughout its subpart
The term “Administration” means the National Nuclear Security Administration.;
“Administrator” applies throughout its subpart
The term “Administrator” means the Administrator for Nuclear Security.;
“classified information” applies throughout its subpart
The term “classified information” means any information that has been determined pursuant to Executive Order No. 12333 of December 4, 1981 ( 50 U.S.C. 3001 note), Executive Order No. 12958 of April 17, 1995 ( 50 U.S.C. 3161 note), 1 Executive Order No. 13526 of December 29, 2009 ( 50 U.S.C. 3161 note), or successor orders, to require protection against unauthorized disclosure and that is so designated.;
“defense nuclear facility” applies throughout its subpart
The terms “defense nuclear facility” and “Department of Energy defense nuclear facility” have the meaning given the term “Department of Energy defense nuclear facility” in section 318 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2286g ).;
“Department of Energy defense nuclear facility” applies throughout its subpart
The terms “defense nuclear facility” and “Department of Energy defense nuclear facility” have the meaning given the term “Department of Energy defense nuclear facility” in section 318 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2286g ).;
“national security laboratory” applies throughout its subpart
The term “national security laboratory” means any of the following: (A) Los Alamos National Laboratory, Los Alamos, New Mexico. (B) Sandia National Laboratories, Albuquerque, New Mexico, and Livermore, California. (C) Lawrence Livermore National Laboratory, Livermore, California.;
“nuclear security enterprise” applies throughout its subpart
The term “nuclear security enterprise” means the physical facilities, technology, and human capital of the national security laboratories and the nuclear weapons production facilities.;
“Nuclear Weapons Council” applies throughout its subpart
The term “Nuclear Weapons Council” means the Nuclear Weapons Council established by section 179.;
“nuclear weapons production facility” applies throughout its subpart
The term “nuclear weapons production facility” means any of the following: (A) The Kansas City National Security Campus, Kansas City, Missouri. (B) The Pantex Plant, Amarillo, Texas. (C) The Y–12 National Security Complex, Oak Ridge, Tennessee. (D) The Savannah River Site, Aiken, South Carolina. (E) The Nevada National Security Site, Nevada. (F) Any facility of the Department of Energy that the Secretary of Energy, in consultation with the Administrator and Congress, determines to be consistent with the mission of the Administration.;
“Restricted Data” applies throughout its subpart
The term “Restricted Data” has the meaning given such term in section 11 y. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014(y) ).
“future-years nuclear security program” applies in that section
The term “future-years nuclear security program” means the program required by section 3253 of the National Nuclear Security Administration Act ( 50 U.S.C. 2453 ).;
“national defense strategy” applies in that section
The term “national defense strategy” means the review of the defense programs and policies of the United States that is carried out every four years under section 113(g). (4) The term “nuclear security budget materials”, with respect to a fiscal year, means the materials submitted to Congress by the Administrator in support of the budget for that fiscal year.;
“weapons activities” applies in that section
The term “weapons activities” means each activity within the budget category of weapons activities in the budget of the Administration.;
“weapons-related activities” applies in that section
The term “weapons-related activities” means each activity under the Department of Energy that involves nuclear weapons, nuclear weapons technology, or fissile or radioactive materials, including activities related to— (A) nuclear nonproliferation; (B) nuclear forensics; (C) nuclear intelligence; (D) nuclear safety; and (E) nuclear incident response.
“Secretary concerned” applies in that section
the term “Secretary concerned” means— (1) the Secretary of Energy, with respect to matters concerning the Department of Energy; and (2) the Secretary of Defense, with respect to matters concerning the Department of Defense.
“modified nuclear weapon” applies in that section
The term “modified nuclear weapon” means a nuclear weapon that contains a pit or canned subassembly, either of which— (A) is in the nuclear weapons stockpile as of December 2, 2002 ; and (B) is being modified in order to meet a military requirement that is other than the military requirements applicable to such nuclear weapon when first placed in the nuclear weapons stockpile.;
“new nuclear weapon” applies in that section
The term “new nuclear weapon” means a nuclear weapon that contains a pit or canned subassembly, either of which is neither— (A) in the nuclear weapons stockpile on December 2, 2002 ; nor (B) in production as of that date.
“representative of the President” applies in that section
the term “representative of the President” means the following: (1) Any official of the Department of Defense or the Department of Energy who is appointed by the President and confirmed by the Senate. (2) Any member or official of the National Security Council. (3) Any member or official of the Joint Chiefs of Staff. (4) Any official of the Office of Management and Budget.
“ARIES” applies in that section
The term “ARIES” means the Advanced Recovery and Integrated Extraction System method, developed and piloted at Los Alamos National Laboratory, Los Alamos, New Mexico, for disassembling surplus defense plutonium pits and converting the plutonium from such pits into plutonium oxide.;
“covered project” applies in that section
the term “covered project” means— (1) the Savannah River Plutonium Processing Facility, Savannah River Site, Aiken, South Carolina (Project 21–D–511); or (2) the Plutonium Pit Production Project, Los Alamos National Laboratory, Los Alamos, New Mexico (Project 21–D–512).
“PF–4” applies in that section
The term “PF–4” means the Plutonium Facility at Technical Area 55 located at Los Alamos National Laboratory, Los Alamos, New Mexico. (h) Management of Plutonium Modernization Program .— Not later than 570 days after December 22, 2023 , the Administrator for Nuclear Security shall ensure that the plutonium modernization program established by the Office of Defense Programs of the National Nuclear Security Administration, or any subsequently developed program designed to meet the requirements under subsection (a), is managed in accordance with the best practices for schedule development and cost estimating of the Government Accountability Office. (i) Covered Project Defined .— In this section,
“covered facility” applies in that section
The term “covered facility” means— (A) Los Alamos National Laboratory, Los Alamos, New Mexico; or (B) the Savannah River Site, Aiken, South Carolina.;
“prospective employee” applies in that section
The term “prospective employee” means an individual who has applied (or who, based on their field of study and experience, is likely to apply) for a position of employment with a management and operating contractor to support plutonium pit production at a covered facility.
“joint nuclear weapons life cycle process” applies in that section
the term “joint nuclear weapons life cycle process” means the process developed and maintained by the Secretary of Defense and the Secretary of Energy for the development, production, maintenance, and retirement of nuclear weapons.
“joint nuclear weapons life cycle” applies in that section
the term “joint nuclear weapons life cycle” has the meaning given that term in section 6131.
“earned value management national standard” applies in that section
the term “earned value management national standard” means the most recent version of the EIA-748 Earned Value Management System Standard published by the National Defense Industrial Association.
“joint nuclear weapons life cycle process” applies in that section
the term “joint nuclear weapons life cycle process” means the process developed and maintained by the Secretary of Defense and the Secretary of Energy for the development, production, maintenance, and retirement of nuclear weapons.
“defense plutonium” applies in that section
The terms “defense plutonium” and “defense plutonium materials” mean weapons-usable plutonium.
“defense plutonium materials” applies in that section
The terms “defense plutonium” and “defense plutonium materials” mean weapons-usable plutonium.
“MOX facility” applies in that section
The term “MOX facility” means the mixed-oxide fuel fabrication facility at the Savannah River Site, Aiken, South Carolina.;
“MOX production objective” applies in that section
The term “MOX production objective” means production at the MOX facility of mixed-oxide fuel from defense plutonium and defense plutonium materials at an average rate equivalent to not less than one metric ton of mixed-oxide fuel per year. The average rate shall be determined by measuring production at the MOX facility from the date the facility is declared operational to the Nuclear Regulatory Commission through the date of assessment.;
“alternative technologies” applies in that section
The term “alternative technologies” means technologies, such as accelerator-based equipment, that do not use radiological materials.
“fissile materials” applies in that section
The term “fissile materials” means plutonium, highly-enriched uranium, or other material capable of sustaining an explosive nuclear chain reaction, including irradiated items containing such materials if the radiation field from such items is not sufficient to prevent the theft or misuse of such items.;
“highly-enriched uranium” applies in that section
The term “highly-enriched uranium” means uranium enriched to or above 20 percent in the isotope 235.;
“low-enriched uranium” applies in that section
The term “low-enriched uranium” means uranium enriched below 20 percent in the isotope 235. (6) The term “proliferation-attractive”, in the case of fissile materials and radiological materials, means quantities and types of such materials that are determined by the Secretary of Energy to present a significant risk to the national security of the United States if diverted to a use relating to proliferation.;
“radiological materials” applies in that section
The term “radiological materials” includes Americium-241, Californium-252, Cesium-137, Cobalt-60, Iridium-192, Plutonium-238, Radium-226, Strontium-90, Curium-244, and irradiated items containing such materials, or other materials designated by the Secretary of Energy for purposes of this paragraph.;
“related equipment” applies in that section
The term “related equipment” includes equipment useful for enrichment of uranium in the isotope 235 and for extraction of fissile materials from irradiated fuel rods and other equipment designated by the Secretary of Energy for purposes of this section.;
“appropriate congressional committees” applies in that section
The term “appropriate congressional committees” means— (A) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Energy and Commerce of the House of Representatives; and (B) the Committee on Appropriations, the Committee on Armed Services, the Committee on Energy and Natural Resources, and the Committee on Health, Education, Labor, and Pensions of the Senate.;
“covered programs” applies in that section
The term “covered programs” means the following programs of the Office of Radiological Security of the National Nuclear Security Administration: (A) The Cesium Irradiator Replacement Program. (B) The Off-Site Source Recovery Program.
“covered hardware project” applies in that section
the term “covered hardware project” means a project carried out under the defense nuclear nonproliferation research and development program that— (1) is focused on the production and deployment of hardware, including with respect to the development and deployment of satellites or satellite payloads; and (2) exceeds $500,000,000 in total program cost over the course of five years.
“defense waste” applies in that section
The term “defense waste” means waste, including radioactive waste, resulting primarily from atomic energy defense activities of the Department of Energy.;
“inactive defense waste disposal site” applies in that section
The term “inactive defense waste disposal site” means any site (including any facility) under the control or jurisdiction of the Secretary of Energy which is used for the disposal of defense waste and is closed to the disposal of additional defense waste, including any site that is subject to decontamination and decommissioning.
“complex” applies in that section
The term “complex” means all sites managed in whole or in part by the Office.;
“Department” applies in that section
The term “Department” means the Department of Energy.;
“institution of higher education” applies in that section
The term “institution of higher education” has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ).;
“mission” applies in that section
The term “mission” means the mission of the Office.;
“National Laboratory” applies in that section
The term “National Laboratory” has the meaning given the term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ).;
“Office” applies in that section
The term “Office” means the Office of Environmental Management of the Department.;
“Secretary” applies in that section
The term “Secretary” means the Secretary of Energy, acting through the Assistant Secretary for Environmental Management.
“future defense environmental management matter” applies in that section
the term “future defense environmental management matter” means any environmental cleanup project, decontamination and decommissioning project, waste management project, or related activity that arises out of the activities of the Department in carrying out programs necessary for national security and is to be commenced after November 24, 2003 . However, such term does not include any such project or activity the responsibility for which has been assigned, as of November 24, 2003 , to the Environmental Management program of the Department.
“appropriate congressional committees” applies in that section
The term “appropriate congressional committees” means— (A) the congressional defense committees; and (B) the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives. (2) The term “life cycle costs”, with respect to a facility, means— (A) the present and future costs of all resources and associated cost elements required to develop, produce, deploy, or sustain the facility; and (B) the present and future costs to deactivate, decommission, and deconstruct the facility.;
“nonoperational defense nuclear facility” applies in that section
The term “nonoperational defense nuclear facility” means a production facility or utilization facility (as those terms are defined in section 11 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014 )) under the control or jurisdiction of the Secretary of Energy and operated for national security purposes that is no longer needed for the mission of the Department of Energy, including the National Nuclear Security Administration.
“covered foreign nation” applies in that section
The term “covered foreign nation” means— (A) the People’s Republic of China; (B) the Russian Federation; (C) the Democratic People’s Republic of Korea; and (D) the Islamic Republic of Iran.;