Sec. 5. Definitions
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In this Act: The term agency or instrumentality of a foreign state has the meaning given such term under section 1603(b) of title 28, United States Code. The term appropriate congressional committees means— the Committee on Foreign Affairs, Committee on Ways and Means, and the Committee on Financial Services of the House of Representatives; and the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. The term China means— when used in the geographic sense, the country of the People’s Republic of China; and otherwise, the Government of the country of the People’s Republic of China, including any entity acting on behalf of, or the benefit of— the country of the People’s Republic of China; or the Government of the country of the People’s Republic of China.
The term connected software application has the meaning given such term in Executive Order 14034 (86 Fed. Reg. 31423; relating to protecting Americans' sensitive data from foreign adversaries). The term election interference in or against a foreign country that is a treaty ally of the United States or a democratic or emerging democratic partner of the United States means actions to engage in, directly or indirectly, activities originating from, or directed by, persons located, in whole or in substantial part, outside the territory of a treaty ally of the United States or a democratic or emerging democratic partner of the United States that have the purpose or effect of tampering with, altering, unlawfully accessing, or causing a misappropriation of information with the purpose or effect of interfering with or undermining election processes or institutions.
The term election interference in or against the United States includes actions to engage in, directly or indirectly, activities originating from, or directed by persons located, in whole or in substantial part, outside the United States that— have the purpose or effect of tampering with, altering, unlawfully accessing, or causing a misappropriation of information with the purpose or effect of undermining election processes or institutions; deny access, block, degrade, or alter election and campaign infrastructure, or related systems or data related to political parties, candidates in elections for public office, the administration of elections for public office, or any public election activity; or consist of the making of contributions or donations, or any other activity prohibited under section 319 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121 ), with the purpose or effect of undermining election processes or institutions.
The term foreign person — means a person that is not a United States person; and includes a nonresident alien individual, foreign corporation, foreign partnership, foreign trust, foreign estate. The term knowingly , with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. The term sensitive personal data has the meaning given such term in section 7.2 of title 15, Code of Federal Regulations (or any successor regulation).
The term treaty ally of the United States means a foreign country that is a party to any of the following: The North Atlantic Treaty, signed at Washington, April 4, 1949. The Security Treaty Between Australia, New Zealand, and the United States of America, signed at San Francisco, September 1, 1951. The Mutual Defense Treaty Between the United States of America and the Republic of the Philippines, signed at Washington, August 30, 1951. The Southeast Asia Collective Defense Treaty, signed at Manilla, September 8, 1954.
The Treaty of Mutual Cooperation and Security Between the United States of America and Japan, signed at Washington, January 19, 1960. The Mutual Defense Treaty Between the United States of America and the Republic of Korea, signed at Washington, October 1, 1953. The term United States person means— a United States citizen; a permanent resident alien; an entity organized under the laws of the United States (including foreign branches); or any person in the United States.
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- 86 FR 31423
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