Sec. 502. Definitions
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/bill/117/s/1245/is/section-502A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this title: The term agency head , with respect to a covered research project, means the head of the covered agency providing the funding for the covered research project. The term covered agency means— the Department of Defense; the Department of Energy; and an element of the intelligence community, as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). The term covered country means— the People’s Republic of China; and any other country designated by the Director, based on findings similar to the findings under subsection (a), which shall include consideration of— whether the country poses an existential threat to the economic interests and national security of the United States; whether the country engages in persistent efforts to steal sensitive technology and proprietary information from companies, academic institutions, and other organizations of the United States through economic espionage and other forms of nontraditional espionage; whether nontraditional forms of espionage serve as primary tools to further the goals of the country; whether the nontraditional forms of espionage described in clause
(iii)include— talent recruitment programs designed to recruit the country’s nationals to acquire knowledge about—and, often, steal—valuable and sensitive research at universities and research institutions abroad; luring foreign experts to the country to work on key strategic programs; using mergers and acquisitions or joint ventures as a means to gain access to high-level technology; using cyber intrusions to steal information; and using front companies for state-affiliated entities to acquire export-controlled technology; whether the country has systematically sought to identify areas of United States innovation, education, and technology that could be replicated, stolen, or appropriated; and whether the Office of the United States Trade Representative has placed the country on the Priority Watch List. The term covered person means an individual or institution of higher education that has a financial relationship with— a covered country; a political party within a covered country; a person who acts as an agent, representative, employee, or servant of a covered country; or a person who acts in any other capacity at the order or request, or under the direction or control, of a covered country. The term covered research project means a research project at an institution of higher education— that is funded in whole or in part by a covered agency; and the subject of which is— an item subject to the Export Control Reform Act of 2018 ( 20 U.S.C. 4801 et seq.); an item listed on the Commerce Control List (commonly known as the CCL ) set forth in Supplement No. 1 to part 774 of title 15, Code of Federal Regulations; or an item listed on the United States Munitions List under section 38(a)(1) of the Arms Export Control Act ( 22 U.S.C. 2778(a)(1) ). The term Director means the Director of National Intelligence. The term financial relationship means— any arrangement under which compensation is provided, directly or indirectly, by a covered country, or another entity or person described in subparagraph (B), (C), or
(D)of paragraph (4), to— a covered person; or an institution of higher education; or any direct or indirect ownership or investment interest by a covered country, or another entity or person described in subparagraph (B), (C), or
(D)of paragraph (4), in an institution of higher education. The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ).
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