United States commercial provider

(1) Definition of united states commercial provider .— In this subsection, the term “United States commercial provider” 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 appropriate, 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 investment 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).


51 USC § 30701(b)(1)

Scoping language

In this subsection
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