Sec. 2. Definitions

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In this Act: The term appropriate committees of Congress means— the Select Committee on Intelligence, the Committee on Energy and Natural Resources, the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Homeland Security and Governmental Affairs, and the Committee on Finance of the Senate; and the Permanent Select Committee on Intelligence, the Committee on Energy and Commerce, the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Science, Space, and Technology, the Committee on Appropriations, the Committee on Financial Services, the Committee on Homeland Security, and the Committee on Ways and Means of the House of Representatives.

The term covered entity means a private entity, a consortium of private entities, or a consortium of public and private entities with a demonstrated ability to substantially finance, construct, expand, or modernize a facility relating to fabrication, assembly, testing, advanced packaging, or research and development of semiconductors. The term covered incentive — means an incentive offered by a governmental entity to a covered entity for the purposes of constructing within the jurisdiction of the governmental entity, or expanding or modernizing an existing facility within that jurisdiction, a facility described in paragraph (2); and a workforce-related incentive (including a grant agreement relating to workforce training or vocational education), any concession with respect to real property, funding for research and development with respect to semiconductors, and any other incentive determined appropriate by the Secretary, in consultation with the Secretary of State.

The term person includes an individual, partnership, association, corporation, organization, or any other combination of individuals. The term foreign entity — means— a government of a foreign country and a foreign political party; a natural person who is not a lawful permanent resident of the United States, citizen of the United States, or any other protected individual (as such term is defined in section 274B(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324b(a)(3) )); or a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country; and includes— any person owned by, controlled by, or subject to the jurisdiction or direction of an entity listed in subparagraph (A); any person, wherever located, who acts as an agent, representative, or employee of an entity listed in subparagraph (A); any person who acts in any other capacity at the order, request, or under the direction or control, of an entity listed in subparagraph (A), or of a person whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in majority part by an entity listed in subparagraph (A); any person who directly or indirectly through any contract, arrangement, understanding, relationship, or otherwise, owns 25 percent or more of the equity interests of an entity listed in subparagraph (A); any person with significant responsibility to control, manage, or direct an entity listed in subparagraph (A); any person, wherever located, who is a citizen or resident of a country controlled by an entity listed in subparagraph (A); or any corporation, partnership, association, or other organization organized under the laws of a country controlled by an entity listed in subparagraph (A).

The term foreign entity of concern means any foreign entity that is— designated as a foreign terrorist organization by the Secretary of State under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ); included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury; owned by, controlled by, or subject to the jurisdiction or direction of a government of a foreign country that is listed in section 2533c of title 10, United States Code; or alleged by the Attorney General to have been involved in activities for which a conviction was obtained under— chapter 37 of title 18, United States Code (commonly known as the Espionage Act ) ( 18 U.S.C. 792 et seq.); section 951 or 1030 of title 18, United States Code; chapter 90 of title 18, United States Code (commonly known as the Economic Espionage Act of 1996 ); the Arms Export Control Act ( 22 U.S.C. 2751 et seq.); section 224, 225, 226, 227, or 236 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2274–2278 ; 2284); the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 et seq.); or the International Economic Emergency Powers Act ( 50 U.S.C. 1701 et seq.); or determined by the Secretary, in consultation with the Secretary of Defense and the Director of National Intelligence, to be engaged in unauthorized conduct that is detrimental to the national security or foreign policy of the United States under this Act.

The term governmental entity means a State or local government. The term Secretary means the Secretary of Commerce. The term semiconductor has the meaning given that term by the Secretary.

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