Sec. 20209. Definitions

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In this subtitle: The term ally or key international partner does not include— a country that poses a significant national security or economic security risk to the United States; or a country of concern. The term Assistant Secretary means the Assistant Secretary of Manufacturing Security and Resilience appointed pursuant to section 20201(c). The term country of concern means a country in which a concentrated supply chain is located and— that poses a significant national security or economic security threat to the United States; is a covered nation (as defined under section 2533c(d) of title 10, United States Code); or whose government, or elements of such government, has proven to have, or has been credibly alleged to have, committed crimes against humanity or genocide.

The term covered Western Hemisphere countries means the following countries: Anguilla, Antigua and Barbuda, Argentina, Aruba, The Bahamas, Barbados, Belize, Bermuda, Bolivia, Brazil, the British Virgin Islands, Canada, Chile, Colombia, Costa Rica, Dominica, Dominican Republic, Ecuador, El Salvador, Grenada, Guatemala, Guyana, Haiti, Honduras, Jamaica, Mexico, Montserrat, Netherlands Antilles, Panama, Paraguay, Peru, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Suriname, Trinidad and Tobago, Turks and Caicos Islands, Uruguay, and the sovereign government recognized by the United States in Venezuela.

The term critical good means any raw, in process, or manufactured material (including any mineral, metal, or advanced processed material), article, commodity, supply, product, or item of supply the absence of which would have a significant effect on— the national security or economic security of the United States; and critical infrastructure. The term critical industry means an industry that is critical for the national security or economic security of the United States, considering key technology focus areas and critical infrastructure.

The term critical infrastructure has the meaning given to that term in the Critical Infrastructures Protection Act of 2001 ( 42 U.S.C. 5195c ). The term domestic enterprise means an enterprise that conducts business in the United States and procures a critical good. The term domestic manufacturer means a business that— conducts in the United States the research and development, engineering, or production activities necessary or incidental to manufacturing; or if provided a grant, loan, loan guarantee, or equity investment under section 20204, will conduct in the United States the research and development, engineering, or production activities necessary or incidental to manufacturing.

The term economically distressed area means an area that meets 1 or more of the requirements described in section 301(a) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3161(a) ). The term eligible activity means an activity described under section 20204(c). The term eligible entity means an entity described under section 20204(d). The term Federal agency has the meaning given the term agency in section 551 of title 5, United States Code. The term industrial equipment means any component, subsystem, system, equipment, tooling, accessory, part, or assembly necessary for the manufacturing of a critical good.

The term institution of higher education has the meaning given that term under section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). The term key technology focus areas means the following: Artificial intelligence, machine learning, autonomy, and related advances. High performance computing, semiconductors, and advanced computer hardware and software. Quantum information science and technology. Robotics, automation, and advanced manufacturing. Natural and anthropogenic disaster prevention or mitigation.

Advanced communications technology (including optical transmission components) and immersive technology. Advanced communications technology (including optical transmission components) and educational technology. Biotechnology, medical technology, genomics, and synthetic biology. Data storage, data management, distributed ledger technologies, and cybersecurity, including biometrics. Advanced energy and industrial efficacy technologies, such as batteries, advanced nuclear technologies, and polysilicon for use in solar photovoltaics, including for the purposes of electric generation (consistent with section 15 of the National Science Foundation Act of 1950 ( 42 U.S.C. 1874 )).

Advanced materials science, including composites and 2D materials and equipment, aerospace grade metals, and aerospace specific manufacturing enabling chemicals. The term labor organization has the meaning given the term in section 2(5) of the National Labor Relations Act ( 29 U.S.C. 152(5) ), except that such term shall also include— any organization composed of labor organizations, such as a labor union federation or a State or municipal labor body; and any organization which would be included in the definition for such term under such section 2(5) but for the fact that the organization represents— individuals employed by the United States, any wholly owned Government corporation, any Federal Reserve Bank, or any State or political subdivision thereof; individuals employed by persons subject to the Railway Labor Act ( 45 U.S.C. 151 et seq. ); or individuals employed as agricultural laborers.

The term lender means any non-Federal qualified institutional buyer (as defined in section 230.144A(a) of title 17, Code of Federal Regulations or a successor regulation). The term loan means a direct loan or other debt obligation issued by an eligible entity or a manufacturing investment company and funded by the Assistant Secretary in connection with the financing of an eligible activity under section 20204. The term loan guarantee means any guarantee or other pledge by the Assistant Secretary under section 20204 to pay all or part of the principal of, and interest on, a loan or other debt obligation entered into by an eligible entity or a manufacturing investment company and funded by a lender.

The term manufacture means any activity that is necessary for or incidental to the development, production, processing, distribution, or delivery of any raw, in process, or manufactured material (including any mineral, metal, and advanced processed material), article, commodity, supply, product, critical good, or item of supply. The term manufacturing facility means any type of building, structure, or real property necessary or incidental to the manufacturing of a critical good.

The term manufacturing investment company means an incorporated body, a limited liability company, or a limited partnership, including a consortium of public and private entities, organized and chartered or otherwise existing under State law. The term manufacturing technology means technologies that are necessary or incidental to the manufacturing of a critical good. The term nonprofit organization means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code.

The term Office means the Office of Manufacturing Security and Resilience established under section 20201. The term offshore means the transfer or relocation of manufacturing capacity that is occurring or otherwise would occur in the United States to another country. The term relevant committees of Congress means the following: The Committee on Commerce, Science, and Transportation of the Senate. The Committee on Appropriations of the Senate. The Committee on Finance of the Senate.

The Committee on Homeland Security and Governmental Affairs of the Senate. The Committee on Armed Services of the Senate. The Committee on Energy and Natural Resources of the Senate. The Select Committee on Intelligence of the Senate. The Committee on Science, Space, and Technology of the House of Representatives. The Committee on Energy and Commerce of the House of Representatives. The Committee on Appropriations of the House of Representatives. The Committee on Ways and Means of the House of Representatives.

The Committee on Homeland Security of the House of Representatives. The Committee on Armed Services of the House of Representatives. The Permanent Select Committee on Intelligence of the House of Representatives. The Committee on Agriculture of the House of Representatives. The Committee on Agriculture, Nutrition, and Forestry of the Senate. The term resilient supply chain means a supply chain that— ensures that the United States can sustain critical industry production, supply chains, services, and access to critical goods, industrial equipment, and manufacturing technology during supply chain shocks; and has key components of resilience that include— effective private sector risk management and mitigation planning to sustain supply chains and supplier networks during a supply chain shock; minimized or managed exposure to supply chain shocks; and the financial and operational capacity to— sustain supply chains during supply chain shocks; and recover from supply chain shocks.

The term Secretary means the Secretary of Commerce. The term small business concern has the meaning given that term in section 3(a) of the Small Business Act ( 15 U.S.C. 632(a) ). The term State means each State of the United States, the District of Columbia, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Puerto Rico, the Virgin Islands of the United States, and any other territory of the United States. The term supply chain means a supply chain for a critical good.

The term supply chain information means information that is not customarily in the public domain and relating to— sustaining and adapting supply chains during a supply chain shock; supply chain risk mitigation and recovery planning with respect to a supply chain shock, including any planned or past assessment, projection, or estimate of a vulnerability within the supply chain, including testing, supplier network assessments, production flexibility, risk evaluations thereto, risk management planning, or risk audits; or operational best practices, planning, and supplier partnerships that enable enhanced resilience of supply chains during a supply chain shock, including response, repair, recovery, reconstruction, insurance, or continuity.

The term supply chain shock includes the following: A natural disaster or extreme weather event. An accidental or human-caused event. An economic disruption. A pandemic. A biological threat. A cyber attack. A great power conflict. A terrorist or geopolitical attack. A public health emergency declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act ( 42 U.S.C. 247d ). An event for which the President declares a major disaster or an emergency under section 401 or 501, respectively, of the Robert T.

Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 and 5191). A national emergency declared by the President under the National Emergencies Act ( 50 U.S.C. 1601 et seq. ). Any other supply chain disruption or threat that affects the national security or economic security of the United States. The term Tribal government means the governing body of a federally recognized Indian Tribe, an Alaska Native tribal entity, or a Native Hawaiian community.

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