Sec. 11. Definitions
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/bill/118/hr/8741/ih/section-11A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this Act: The term agency has the meaning given that term in section 551 of title 5, United States Code. The term covered ICTS transaction means an ICTS transaction that meets each of the following requirements: Is conducted by any person subject to the jurisdiction of the United States or involves property subject to the jurisdiction of the United States. Involves ICTS designed, developed, manufactured, or supplied by a person owned by, controlled by, or subject to the jurisdiction or direction of a person or jurisdiction of concern.
Is used in a covered motor vehicle. The term covered motor vehicle means a motor vehicle that has one or more integrated systems capable of communicating wirelessly with any other network or device. The term motor vehicle — means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways; and does not include a vehicle operated only on a rail line. The term critical infrastructure means systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating impact on national security, national economic security, national public health or safety, or any combination of those matters.
The term ICTS transaction means any acquisition, importation, transfer, installation, dealing in, or use of ICTS, including any ongoing activity, such as a managed service, data transmission, software update, repair, or the platforming or data hosting of an application for consumer download, and any class of ICTS transactions (including the acquisition, importation, transfer, installation, dealing in, or use, including any ongoing activity, of any category of technology product or services, or group of technology products or services as identified by the Secretary).
The terms information and communications technology or services and ICTS mean any hardware, software, or other product or service, including cloud-computing services, primarily intended to fulfill or enable the function of information or data processing, storage, retrieval, or communication by electronic means (including electromagnetic, magnetic, and photonic), including transmission, storage, or display. The term Office means the Office of Information and Communications Technology and Services established under section 2.
Except as provided in subparagraph (B), the term person or jurisdiction of concern means any foreign person or any foreign region, country, or government that is engaged in any long-term pattern or serious instances of activity adverse to the national security of the United States, the security of critical infrastructure of the United States, or the safety and security of United States persons and includes the following: The Russian Federation. The People’s Republic of China, including the Hong Kong Special Administrative Region and the Macau Special Administrative Region.
The Republic of Cuba. The Islamic Republic of Iran. The Democratic People’s Republic of Korea. Venezuelan politician Nicolás Maduro. The Secretary, in consultation with the Director of National Intelligence, shall periodically review the list under subparagraph
(A)and may update by adding to, subtracting from, supplementing, or otherwise amending the list through publication of a notice in the Federal Register and any such update shall apply with respect to any ICTS transaction that is initiated, pending, or completed on or after the date of the notice. The term relevant committees of Congress means— the Committee on Commerce, Science, and Transportation, the Committee on Banking, Housing, and Urban Affairs, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and the Committee on Energy and Commerce, the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives. The term Secretary means the Secretary of Commerce. The term undue or unacceptable risk means any of the following: The undue risk of sabotage to or subversion of the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of ICTS in the United States. The undue risk of catastrophic effects on the security or resiliency of United States critical infrastructure or the digital economy of the United States. The unacceptable risk to the national security of the United States or the security and safety of United States persons. The term United States person any United States citizen, national, or lawful permanent resident, and any corporation, partnership, or other organization organized under the laws of the United States.