Sec. 407. Definitions

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In this title: The term agency has the meaning given that term in section 551 of title 5, United States Code. The term ally or key international partner nation — means a country that is critical to addressing critical supply chain weaknesses and vulnerabilities; and does not include— a country that poses a significant risk to the national security or economic security of the United States; or a country that is described in section 503(b) of the RANSOMWARE Act (title V of division BB of the Consolidated Appropriations Act, 2023;

Public Law 117–328 ; 136 Stat. 5564). The term Assistant Secretary means the Assistant Secretary of Commerce assigned by the Secretary to direct the office of Industry and Analysis. The term covered nongovernmental representative means a representative as specified in the second sentence of section 135(b)(1) of the Trade Act of 1974 ( 19 U.S.C. 2155(b)(1) ), except that such term does not include a representative of a non-Federal government. 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 for which an absence of supply would have a debilitating impact on— the national security or economic security of the United States; and either— critical infrastructure; or an emerging technology.

The term critical industry means an industry that— is critical for the national security or economic security of the United States; and produces or procures a critical good. The term critical infrastructure has the meaning given that term in section 1016 of the Critical Infrastructures Protection Act of 2001 ( 42 U.S.C. 5195c ). The term critical supply chain means a supply chain for a critical good. The term critical supply chain information means information that is not customarily in the public domain and relates to— sustaining and adapting a critical supply chain 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, supply chain risk evaluations, supply chain risk management planning, or risk audits; or operational best practices, planning, and supplier partnerships that enable enhanced resilience of a critical supply chain 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 a critical good. The term emerging technology means a technology that is critical for the national security or economic security of the United States, including the following: Technologies included in the American COMPETE Act (title XV of division FF of the Consolidated Appropriations Act, 2021;

Public Law 116–260 ; 134 Stat. 3276). The following technologies: Artificial intelligence. Automated vehicles and unmanned delivery systems. Blockchain and other distributed ledger, data storage, data management, and cybersecurity technologies. Quantum computing and quantum sensing. Additive manufacturing. Advanced manufacturing and the Internet of Things. Nano technology. Robotics. Microelectronics, optical fiber ray, and high performance and advanced computer hardware and software.

Semiconductors. Advanced materials science, including composition 2D, other next generation materials, and related manufacturing technologies. The term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). 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; and does not include software unrelated to the manufacturing process.

The term manufacturing technology means a technology that is necessary for the manufacturing of a critical good. The term production equipment means any component, subsystem, system, equipment, tooling, accessory, part, or assembly necessary for the manufacturing of a critical good. The term relevant committees of Congress means the following: The Committee on Commerce, Science, and Transportation of the Senate. The Committee on Energy and Commerce of the House of Representatives.

The term resilient critical supply chain means a critical supply chain that— ensures that the United States can sustain critical industry, including emerging technologies, production, critical supply chains, services, and access to critical goods, production equipment, and manufacturing technology during a supply chain shock; 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; and minimized or managed exposure to a supply chain shock.

The term Secretary means the Secretary of Commerce. The term State means each of the several States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian Tribe. The term supply chain shock — means an event causing severe or serious disruption to normal operations or capacity in a supply chain; and includes— a natural disaster; a pandemic; a biological threat; a cyber attack; a geopolitical conflict; a terrorist or geopolitical attack; a trade disruption caused by— a country described in paragraph (2)(B); or an entity or an individual subject to the jurisdiction of such a country; and 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 ; 42 U.S.C. 5191 ).

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