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volving Fund of the military department under which the commissary is operated.
(Added P.L. 99-661, §313(a), Nov. 14, 1986, 100 Stat. 3852, and amended P.L. 102-484, § 364(a) (b)(1), Oct. 23, 1992, 106 Stat. 2381.)
§ 2488. Nonappropriated fund instrumentalities: purchase of alcoholic beverages 1
(a) The Secretary of Defense shall provide that
(1) covered alcoholic beverage purchases made for resale on a military installation located in the United States shall be made from the most competitive source, price and other factors considered, except that
(2) in the case of malt beverages and wine, such purchases shall be made from, and delivery shall be accepted from, a source within the State in which the military installation concerned is located.
(b) If a military installation located in the contiguous States is located in more than one State, a source of supply in any State in which the installation is located shall be considered for the purposes of subsection (a)(2) to be a source within the State in which the installation is located.
(c) In this section:
(1) The term "covered alcoholic beverage purchases" means purchases of alcoholic beverages by a nonappropriated fund instrumentality of the Department of Defense with nonappropriated funds.
(2) The term "State" includes the District of Columbia. (Added P.L. 99-661, §313(a), Nov. 14, 1986, 100 Stat. 3852, and amended P.L. 100-180, §312(a), Dec. 4, 1987, 101 Stat. 1073.)
§ 2489. Overseas package stores: treatment of United States wines
The Secretary of Defense shall ensure that each nonappropriated fund activity engaged principally in selling alcoholic beverage products in a packaged form (commonly referred to as a "package store") that is located at a military installation outside the United States shall give appropriate treatment with respect to wines produced in the United States to ensure that such wines are given, in general, an equitable distribution, selection, and price when compared with wines produced by the host nation.
(Added P.L. 100–180, § 311(a)(1), Dec. 4, 1987, 101 Stat. 1073.)
1 Section 8058A of the Department of Defense Appropriations Act, 1995 (P.L. 103–335, 108 Stat. 2632), provides:
SEC. 8058A. None of the funds appropriated by this Act shall be used for the support of any nonappropriated fund activity of the Department of Defense that procures malt beverages and wine with nonappropriated funds for resale (including such alcoholic beverages sold by the drink) on a military installation located in the United States, unless such malt beverages and wine are procured in that State, or in the case of the District of Columbia, within the District of Columbia, in which the military installation is located: Provided, That in a case in which the military installation is located in more than one State, purchases may be made in any State in which the installation is located: Provided further, That such local procurement requirements for malt beverages and wine shall apply to all alcoholic beverages for military installations in States which are not contiguous with another State: Provided further, That alcoholic beverages other than wine and malt beverages in contiguous States and the District of Columbia shall be procured from the most competitive source, price and other factors considered.
§ 2490. Utility services: furnishing for certain buildings Appropriations for the Department of Defense may be used for utility services for
(1) buildings constructed at private cost, as authorized by
(2) buildings on military reservations authorized by regulation to be used for morale, welfare, and recreational purposes.
(Added P.L. 100–370, § 1(j)(1), July 19, 1988, 102 Stat. 848.)
[§ 2490a. Transferred to § 2783]
CHAPTER 148-NATIONAL DEFENSE TECHNOLOGY AND INDUSTRIAL BASE, DEFENSE REINVESTMENT, AND DEFENSE CONVERSION 1
II. Policies and Planning
III. Programs for Development, Application, and Support of Dual-Use
IV. Manufacturing Technology and Dual-Use Assistance Extension
V. Miscellaneous Technology Base Policies and Programs
Sec. 2491 2501
§ 2491. Definitions
In this chapter:
(1) The term "national technology and industrial base" means the persons and organizations that are engaged in research, development, production, or maintenance activities conducted within the United States and Canada.
1 Sections 4101 and 4201 of the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992 (division D of Public Law 102-484; 106 Stat. 2658) provide:
SEC. 4101. FINDINGS.
Congress makes the following findings:
(1) The collapse of communism in Eastern Europe and the dissolution of the Soviet Union have fundamentally changed the military threat that formed the basis for the national security policy of the United States since the end of World War II.
(2) The change in the military threat presents a unique opportunity to restructure and reduce the military requirements of the United States.
(3) As the United States proceeds with the post-Cold War defense build down, the Nation must recognize and address the impact of reduced defense spending on the military personnel, civilian employees, and defense industry workers who have been the foundation of the national defense policies of the United States.
(4) The defense build down will have a significant impact on communities as procurements are reduced and military installations are closed and realigned.
(5) Despite the changes in the military threat, the United States must maintain the capability to respond to regional conflicts that threaten the national interests of the United States, and to reconstitute forces in the event of an extended conflict.
(6) The skills and capabilities of military personnel, civilian employees of the Department of Defense, defense industry workers, and defense industries represent an invaluable national resource that can contribute to the economic growth of the United States and to the long-term vitality of the national technology and industrial base.
(7) Prompt and vigorous implementation of defense conversion, reinvestment, and transition assistance programs is essential to ensure that the defense build down is structured in a manner that
(A) enhances the long-term ability of the United States to maintain a strong and vibrant national technology and industrial base; and
(B) promotes economic growth.
SEC. 4201. PURPOSES.
The purposes of this title [title XLII of such Act, which established a new chapter 148] are to consolidate, revise, clarify, and reenact policies and requirements, and to enact additional policies and requirements, relating to the national technology and industrial base, defense reinvestment, and defense conversion programs that further national security objectives.
(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.
(3) The term "dual-use critical technology" means a critical technology that has military applications and nonmilitary applications.
(4) 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, or production activities.
(5) 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.
(6) The term "critical technology" means a technology that
(A) a national critical technology; or
(B) a defense critical technology.
(7) 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) of the National Science and Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 6683(d)).
(8) The term "defense critical technology" means a technology that appears on the list of critical technologies contained, pursuant to subsection (b)(4) of section 2505 of this title, in the most recent national technology and industrial base assessment submitted to Congress by the Secretary of Defense pursuant to section 2506(e) of this title.
(9) The term "eligible firm" means a company or other business entity that, as determined by the Secretary of Com
(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 or agreements; 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. (10) 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.
(11) The term "manufacturing extension program" means a public or private, nonprofit program for the improvement of the quality, productivity, and performance of United Statesbased small manufacturing firms in the United States.
(12) The term "United States-based small manufacturing firm" means a company or other business entity that, as determined by the Secretary of Commerce
(A) engages in manufacturing;
(B) has less than 500 employees; and
(13) 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 (1).
(14) The term "Small Business Technology Transfer Program" means the program established under the following provisions of such section:
(16) 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)).
(Added P.L. 102-484, §4203(a), Oct. 23, 1992, 106 Stat. 2661, and amended P.L. 103-160, §§ 1182(a)(9), 1315(f), Nov. 30, 1993, 107 Stat. 1771, 1788; P.L. 103-337, §§ 1113(d), 1115(e), Oct. 5, 1994, 108 Stat. 2866, 2869.)
SUBCHAPTER II-POLICIES AND PLANNING 2,3
(A) Paragraphs (4) through (7) of subsection (b).
(15) 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.
Congressional defense policy concerning national technology and industrial base, reinvestment, and conversion.
National Defense Technology and Industrial Base Council.
National defense program for analysis of the technology and industrial
National technology and industrial base: periodic defense capability as-
National technology and industrial base: periodic defense capability plan.