(1) 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. (2) 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. (Added P.L. 102-484, §4217, Oct. 23, 1992, 106 Stat. 2670, and amended P.L. 103-160, § 1182(b), Nov. 30, 1993, 107 Stat. 1772.) SUBCHAPTER III-PROGRAMS FOR DEVELOPMENT, APPLICATION, AND SUPPORT OF DUAL-USE TECHNOLOGIES Sec. 2511. Defense dual-use critical technology partnerships. 2512. 2513. 2514. 2515. 2516. 2517. 2518. 2519. 2520. Commercial-military integration partnerships. Office of Technology Transition. Military-Civilian Integration and Technology Transfer Advisory Board. Federal Defense Laboratory Diversification Program. § 2511. Defense dual-use critical technology partnerships (a) ESTABLISHMENT OF PARTNERSHIPS.-The Secretary of Defense shall conduct a program to further the national security objectives set forth in section 2501(a) of this title, by 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 dualuse critical technologies. The Secretary may make grants, enter into contracts, or enter into 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, Government-owned and operated industrial facilities, 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. (1) The Secretary of Defense shall ensure that the amount of funds provided by the Federal Government to a partner ship does not exceed 50 percent of the total cost of partnership activities. (2) The Secretary may prescribe regulations to provide for consideration of in-kind contributions by non-Federal Government participants in a partnership for the purpose of calculating the share of the partnership costs that has been or is being undertaken by such participants. In such regulations, the Secretary may authorize a participant that is a small business concern to use funds received under the Small Business Innovation Research Program or the Small Business Technology Transfer Program to help pay the costs of partnership activities. Any such funds so used may be considered in calculating the amount of the financial commitment undertaken by the non-Federal Government participants unless the Secretary determines that the small business concern has not made a significant equity percentage contribution in the partnership from nonFederal sources. (3) The Secretary shall consider a partnership proposal submitted by a small business concern without regard to the ability of the small business concern to immediately meet its share of the anticipated partnership costs. Upon the selection of a partnership proposal submitted by a small business concern, the small business concern shall have a period of not less than 120 days in which to arrange to meet its financial commitment requirements under the partnership from sources other than a person of a foreign country. If the Secretary determines upon the expiration of that period that the small business concern will be unable to meet its share of the anticipated partnership costs, the Secretary shall revoke the selection of the partnership proposal submitted by the small business concern. (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. In providing such assistance, the Secretary shall make available, as appropriate for the work to be performed by each partnership, equipment and facilities of Department of Defense laboratories (including the scientists and engineers at those laboratories) to a partnership recognized under this section for purposes of any project that is approved by the Secretary. (e) SELECTION PROCESS.-Competitive procedures shall be used in the establishment of partnerships. (f) SELECTION CRITERIA.-The criteria for the selection of proposed partnerships for establishment under this section shall include the following: (1) The extent to which the program proposed to be conducted by the partnership advances and enhances the national security objectives set forth in section 2501(a) of this title. (2) The technical excellence of the program proposed to be conducted by the partnership. (3) The qualifications of the personnel proposed to participate in the partnership's research activities. (4) An assessment of timely private sector investment in activities to achieve the goals and objectives of the proposed partnership other than through the partnership. (5) The potential effectiveness of the partnership in the further development and application of each technology proposed to be developed by the partnership for the national technology and industrial base. (6) The extent of the financial commitment of eligible firms to the proposed partnership. (7) The extent to which the partnership does not unnecessarily duplicate projects undertaken by other agencies. (8) Such other criteria that the Secretary prescribes. (g) REGULATIONS.-The Secretary of Defense shall prescribe regulations for the purposes of this section. (Added P.L. 102–484, §4221(a), Oct. 23, 1992, 106 Stat. 2677, and amended P.L. 103-160, $1315(a), 1317(c), Nov. 30, 1993, 107 Stat. 1787, 1789; P.L. 103–337, § 1115(a), Oct. 5, 1994, 108 Stat. 2868.) § 2512. Commercial-military integration partnerships (a) ESTABLISHMENT OF PARTNERSHIPS.-The Secretary of Defense shall conduct a program to further the national security objectives set forth in section 2501(a) of this title by providing for the establishment of cooperative arrangements (hereinafter in this section referred to as "partnerships") between the Department of Defense and one or more eligible firms and nonprofit research corporations referred to in section 2511(b) of this title. A partnership 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. (b) ASSISTANCE AUTHORIZED.-(1) The Secretary may make grants, enter into contracts, and enter into cooperative agreements and other transactions pursuant to section 2371 of this title in order to establish the partnerships. (2) The Secretary may not enter into a partnership under this section for a period longer than 5 years. (3) The Secretary may provide a partnership with technical and other assistance to facilitate the achievement of the purposes of this section, subject to the limitations in subsection (c). (c) FINANCIAL COMMITMENT OF NON-FEDERAL GOVERNMENT PARTICIPANTS.-(1) The Secretary shall ensure that the amount of funds provided by the Secretary under a partnership does not exceed the maximum authorized percentage of the total cost of partnership activities. (2) The maximum authorized percentage of funding referred to in paragraph (1) for each year of a partnership is as follows: (A) 50 percent in the first year. (B) 40 percent in the second year. (C) 30 percent in the each of the third, fourth, and fifth years. (3)(A) The Secretary shall prescribe regulations to provide for consideration of in-kind contributions by non-Federal Government participants in a partnership for the purpose of determining the share of the partnership costs that has been or is being undertaken by such participants. (B) In such regulations, the Secretary may authorize a participant that is a small business concern to use funds received under the Small Business Innovation Research Program or the Small Business Technology Transfer Program to help pay the costs of partnership activities. Any such funds so used may be considered in calculating the amount of the financial commitment undertaken by the non-Federal Government participants unless the Secretary determines that the small business concern has not made a significant equity percentage contribution in the partnership from nonFederal sources. (C) The Secretary shall consider a partnership proposal submitted by a small business concern without regard to the ability of the small business concern to immediately meet its share of the anticipated partnership costs. Upon the selection of a partnership proposal submitted by a small business concern, the small business concern shall have a period of not less than 120 days in which to arrange to meet its financial commitment requirements under the partnership from sources other than a person of a foreign country. If the Secretary determines upon the expiration of that period that the small business concern will be unable to meet its share of the anticipated partnership costs, the Secretary shall revoke the selection of the partnership proposal submitted by the small business concern. (d) SELECTION PROCESS.-Competitive procedures shall be used in the establishment of partnerships. (e) SELECTION CRITERIA.-The criteria for the selection of a proposed partnership for establishment under this section shall include the following: (1) The extent to which the program proposed to be conducted by the partnership advances and enhances the national security objectives set forth in section 2501(a) of this title. (2) The technical excellence of the program proposed to be conducted by the partnership. (3) The qualifications of the personnel proposed to participate in the partnership's research activities. (4) An assessment that timely private sector investment in activities to achieve the goals and objectives of the proposed partnership other than through the partnership. (5) The potential effectiveness of the partnership in the further development and application of each technology proposed to be developed by the partnership for the industrial and technology base. (6) The extent of the financial commitment of the eligible firms to the proposed partnership. (7) The likelihood that the partnership will develop technologies that are sufficiently viable in the commercial sector so that such technologies will be available to meet the future reconstitution requirements and other needs of the Department of Defense described in the most recent national technology and industrial base plan prepared under section 2506 of this title. (8) The likelihood that, within five years after the establishment of the partnership (or a lesser period established by the Secretary), Federal Government funding of the partnership will not be necessary. (9) The extent to which the partnership does not unnecessarily duplicate programs undertaken by other Federal agencies. (10) Such other criteria as the Secretary prescribes. (Added P.L. 102-484, §4222(a), Oct. 23, 1992, 106 Stat. 2679, and amended P.L. 103–160, § 1315(b), Nov. 30, 1993, 107 Stat. 1787; P.L. 103–337, § 1115(b), Oct. 5, 1994, 108 Stat. 2868.) § 2513. Regional technology alliances assistance program (a) ESTABLISHMENT OF PROGRAM.-The Secretary of Defense, in consultation and coordination with the Secretary of Commerce, shall conduct a program to further the national security objectives set forth in section 2501(a) of this title by providing assistance for the activities of eligible regional technology alliances in the United States. (b) ELIGIBLE ALLIANCES.-A regional technology alliance is eligible for assistance under the program if (1) the purpose of the regional technology alliance is to facilitate the use of one or more defense critical technologies for defense and commercial purposes by an industry in the region served by that regional technology alliance in order to maintain within the United States industrial capabilities that are vital to the national security of the United States; and (2) the regional technology alliance meets the other requirements of this section. (c) PROGRAM PARTICIPANTS.—(1) The participants in a regional technology alliance (A) shall include (i) eligible firms that conduct business in the region of the United States served or to be served by the regional technology alliance; and (ii) a sponsoring agency in such region; and (B) may include other organizations considered appropriate by the Secretary of Defense. (2)(A) A sponsoring agency of a regional technology alliance may be any agency described in subparagraph (B) that, as determined by the Secretary, provides adequate assurances that it will(i) meet the financial requirement in subsection (e); and (ii) provide assistance in the management of the regional technology alliance. (B) An agency referred to in subparagraph (A) is any of the following: (i) An agency of a State or local government. (ii) A nonprofit organization established, or performing functions, pursuant to an agreement entered into by one or more States or local governments. (iii) A membership organization in which a State or local government is a member. (iv) An institution of higher education designated by a State or local government. (d) ASSISTANCE AUTHORIZED.-(1) Under the program, the Secretary may provide |