Sec. 10. Definitions

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this Act: The term ally or key international partner nation — means countries that are critical to addressing critical supply chain weaknesses and vulnerabilities; and 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 2. The term country of concern means a country in which a concentrated critical 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 4872 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 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 critical supply chain means a critical supply chain for a critical good. The term critical supply chain information means information that is not customarily in the public domain and relating to— sustaining and adapting critical supply chains during a supply chain shock; critical 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 critical 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 critical supply chains during a supply chain shock, including response, repair, recovery, reconstruction, insurance, or continuity.

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 for 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 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 key technology focus areas means the key technology focus areas identified under section 10387 of the Research and Development, Competition, and Innovation Act ( 42 U.S.C. 19107 ; Public Law 117–167 ).

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 manufacture means any activity that is necessary for 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 technology means technologies that are necessary for the manufacturing of a critical good. The term Office means the Office of Manufacturing Security and Resilience established under section 2.

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 critical supply chain means a critical supply chain that— ensures that the United States can sustain critical industry production, critical 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 critical 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 critical 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 shock includes the following:

A natural disaster or extreme weather event. 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).

Any other critical supply chain disruption or threat that affects the national security or economic security of the United States.

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