Sec. 5. 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 appropriate congressional committees means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives. The term consulting services means advisory or assistance services similar to those defined in Federal Acquisition Regulation 2.101, but for the purposes of this Act includes services provided to covered foreign entities, except that the term does not include the provision of products or services related to— compliance with legal, audit, accounting, tax, reporting, or other requirements of the laws and standards of countries; or participation in a judicial, legal, or equitable dispute resolution proceeding.

The term covered foreign entity means any of the following: The Government of the People’s Republic of China, the Chinese Communist Party, the People’s Liberation Army, the Ministry of State Security, or other security service or intelligence agency of the People’s Republic of China. The Government of the Russian Federation or any entity sanctioned by the Secretary of the Treasury under Executive Order 13662 titled Blocking Property of Additional Persons Contributing to the Situation in Ukraine (79 Fed. Reg. 16169).

The government of any country if the Secretary of State determines that such government has repeatedly provided support for acts of international terrorism pursuant to any of the following: Section 1754(c)(1)(A) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4318(c)(1)(A) ). Section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ). Section 40 of the Arms Export Control Act ( 22 U.S.C. 2780 ). Any other provision of law. Any entity included on any of the following lists maintained by the Department of Commerce:

The Entity List set forth in Supplement No. 4 to part 744 of the Export Administration Regulations. The Denied Persons List as described in section 764.3(a)(2) of the Export Administration Regulations. The Unverified List set forth in Supplement No. 6 to part 744 of the Export Administration Regulations. The Military End User List set forth in Supplement No. 7 to part 744 of the Export Administration Regulations. Any entity identified by the Secretary of Defense pursuant to section 1237(b) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 ( Public Law 105–261 ; 50 U.S.C. 1701 note).

Any entity on the Non-SDN Chinese Military-Industrial Complex Companies List (NS–CMIC List) maintained by the Office of Foreign Assets Control of the Department of the Treasury under Executive Order 14032 (86 Fed. Reg. 30145; relating to addressing the threat from securities investments that finance certain companies of the People’s Republic of China), or any successor order. The term executive agency has the meaning given the term in section 133 of title 41, United States Code.

The term False Claims Act means sections 3729 through 3733 of title 31, United States Code. The term North American Industry Classification System's Industry Group code 5416 refers to the North American Industry Classification System category that covers Management, Scientific, and Technical Consulting Services as Industry Group code 5416, including industry codes 54151, 541611, 541612, 541613, 541614, 541618, 54162, 541620, 54169, and 541690.

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