{"identifier":"/us/usc/t15/s4651","title":15,"num":"\u00a7\u202f4651.","heading":"Definitions","text":"\u00a7\u202f4651.\nDefinitions\nIn this chapter:\n(1) The term \u201cappropriate committees of Congress\u201d means\u2014\n(A) the Select Committee on Intelligence, the Committee on Energy and Natural Resources, the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Homeland Security and Governmental Affairs, and the Committee on Finance of the Senate; and\n(B) the Permanent Select committee\n1\n1 So in original. Probably should be \u201cCommittee\u201d.\n2\n2 So in original.\n(2) The term \u201ccovered entity\u201d means a nonprofit entity, a private entity, a consortium of private entities, or a consortium of nonprofit, public, and private entities with a demonstrated ability to substantially finance, construct, expand, or modernize a facility relating to fabrication, assembly, testing, advanced packaging, production, or research and development of semiconductors, materials used to manufacture semiconductors, or semiconductor manufacturing equipment.\n(3) The term \u201ccovered incentive\u201d:\n(A) means an incentive offered by a governmental entity to a covered entity for the purposes of constructing within the jurisdiction of the governmental entity, or expanding or modernizing an existing facility within that jurisdiction, a facility described in paragraph (2); and\n(B) a workforce-related incentive (including a grant agreement relating to workforce training or vocational education), any concession with respect to real property, funding for research and development with respect to semiconductors, and any other incentive determined appropriate by the Secretary, in consultation with the Secretary of State.\n(4) The term \u201cperson\u201d includes an individual, partnership, association, corporation, organization, or any other combination of individuals.\n(5) The term \u201ccritical manufacturing industry\u201d\u2014\n(A) means an industry, industry group, or a set of related industries or related industry groups\u2014\n(i) assigned a North American Industry Classification System code beginning with 31, 32, or 33; and\n(ii) for which the applicable industry group or groups in the North American Industry Classification System code cumulatively\u2014\n(I) manufacture primary products and parts, the sum of which account for not less than 5 percent of the manufacturing value added by industry gross domestic product of the United States; and\n(II) employ individuals for primary products and parts manufacturing activities that, combined, account for not less than 5 percent of manufacturing employment in the United States; and\n(B) may include any other manufacturing industry designated by the Secretary based on the relevance of the manufacturing industry to the national and economic security of the United States, including the impacts of job losses.\n(6) The term \u201cforeign entity\u201d\u2014\n(A) means\u2014\n(i) a government of a foreign country and a foreign political party;\n(ii) a natural person who is not a lawful permanent resident of the United States, citizen of the United States, or any other protected individual (as such term is defined in\nsection 1324b(a)(3) of title 8\n(iii) a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country; and\n(B) includes\u2014\n(i) any person owned by, controlled by, or subject to the jurisdiction or direction of a an entity listed in subparagraph (A);\n(ii) any person, wherever located, who acts as an agent, representative, or employee of an entity listed in subparagraph (A);\n(iii) any person who acts in any other capacity at the order, request, or under the direction or control, of an entity listed in subparagraph (A), or of a person whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in majority part by an entity listed in subparagraph (A);\n(iv) any person who directly or indirectly through any contract, arrangement, understanding, relationship, or otherwise, owns 25 percent or more of the equity interests of an entity listed in subparagraph (A);\n(v) any person with significant responsibility to control, manage, or direct an entity listed in subparagraph (A);\n(vi) any person, wherever located, who is a citizen or resident of a country controlled by an entity listed in subparagraph (A); or\n(vii) any corporation, partnership, association, or other organization organized under the laws of a country controlled by an entity listed in subparagraph (A).\n(7) The term \u201cforeign country of concern\u201d means\u2014\n(A) a country that is a covered nation (as defined in\nsection 4872(d) of title 10\n(B) any country that the Secretary, in consultation with the Secretary of Defense, the Secretary of State, and the Director of National Intelligence, determines to be engaged in conduct that is detrimental to the national security or foreign policy of the United States.\n(8) The term \u201cforeign entity of concern\u201d means any foreign entity that is\u2014\n(A) designated as a foreign terrorist organization by the Secretary of State under\nsection 1189 of title 8\n(B) included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury;\n(C) owned by, controlled by, or subject to the jurisdiction or direction of a government of a foreign country that is listed in section 2533c\n3\n3 See References in Text note below.\n(D) alleged by the Attorney General to have been involved in activities for which a conviction was obtained under\u2014\n(i) chapter 37 of title 18 (commonly known as the \u201cEspionage Act\u201d) (\n18 U.S.C. 792\n(ii) section 951 or 1030 of title 18;\n(iii) chapter 90 of title 18 (commonly known as the \u201cEconomic Espionage Act of 1996\u201d);\n(iv) the Arms Export Control Act (\n22 U.S.C. 2751\n(v) sections 2274, 2275, 2276, 2277, or 2284 of title 42;\n(vi) the Export Control Reform Act of 2018 (\n50 U.S.C. 4801\n(vii) the International Economic Emergency Powers Act\n3\n50 U.S.C. 1701\n(E) determined by the Secretary, in consultation with the Secretary of Defense and the Director of National Intelligence, to be engaged in unauthorized conduct that is detrimental to the national security or foreign policy of the United States under this chapter.\n(9) The term \u201cgovernmental entity\u201d means a State or local government.\n(10) The term \u201cmature technology node\u201d has the meaning given the term by the Secretary.\n(11) The term \u201cnonprofit entity\u201d means an entity described in\nsection 501(c)(3) of title 26\nsection 501(a) of title 26\n(12) The term \u201cSecretary\u201d means the Secretary of Commerce.\n(13) The term \u201csemiconductor\u201d has the meaning given that term by the Secretary.","url":"https://projectusc.org/usc/t15/s4651.html","content":[{"t":"sec","id":"/us/usc/t15/s4651","children":[{"t":"num","text":"\u00a7\u202f4651."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"In this chapter:"},{"t":"para","id":"/us/usc/t15/s4651/1","children":[{"t":"num","text":"(1)"},{"t":"chapeau","text":" The term \u201cappropriate committees of Congress\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t15/s4651/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the Select Committee on Intelligence, the Committee on Energy and Natural Resources, the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Homeland Security and Governmental Affairs, and the Committee on Finance of the Senate; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s4651/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the Permanent Select committee\u202f","children":[{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSo in original. Probably should be \u201cCommittee\u201d."},{"t":"text","text":"\u202fSo in original. Probably should be \u201cCommittee\u201d.","tail":" on Intelligence, the Committee on Energy and Commerce, the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Science, Space, and Technology, the Committee on Appropriations, the Committee on Financial Services, the Committee on Homeland Security, and the Committee on Ways and Means of the House of Representatives.."},{"t":"ref","text":"2"},{"t":"num","text":"2","tail":"\u202fSo in original."},{"t":"text","text":"\u202fSo in original."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s4651/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" The term \u201ccovered entity\u201d means a nonprofit entity, a private entity, a consortium of private entities, or a consortium of nonprofit, public, and private entities with a demonstrated ability to substantially finance, construct, expand, or modernize a facility relating to fabrication, assembly, testing, advanced packaging, production, or research and development of semiconductors, materials used to manufacture semiconductors, or semiconductor manufacturing equipment.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s4651/3","children":[{"t":"num","text":"(3)"},{"t":"chapeau","text":" The term \u201ccovered incentive\u201d:"},{"t":"subpara","id":"/us/usc/t15/s4651/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" means an incentive offered by a governmental entity to a covered entity for the purposes of constructing within the jurisdiction of the governmental entity, or expanding or modernizing an existing facility within that jurisdiction, a facility described in paragraph (2); and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s4651/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" a workforce-related incentive (including a grant agreement relating to workforce training or vocational education), any concession with respect to real property, funding for research and development with respect to semiconductors, and any other incentive determined appropriate by the Secretary, in consultation with the Secretary of State.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s4651/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" The term \u201cperson\u201d includes an individual, partnership, association, corporation, organization, or any other combination of individuals.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s4651/5","children":[{"t":"num","text":"(5)"},{"t":"chapeau","text":" The term \u201ccritical manufacturing industry\u201d\u2014"},{"t":"subpara","id":"/us/usc/t15/s4651/5/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" means an industry, industry group, or a set of related industries or related industry groups\u2014"},{"t":"clause","id":"/us/usc/t15/s4651/5/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" assigned a North American Industry Classification System code beginning with 31, 32, or 33; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s4651/5/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"chapeau","text":" for which the applicable industry group or groups in the North American Industry Classification System code cumulatively\u2014"},{"t":"subclause","id":"/us/usc/t15/s4651/5/A/ii/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" manufacture primary products and parts, the sum of which account for not less than 5 percent of the manufacturing value added by industry gross domestic product of the United States; and","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t15/s4651/5/A/ii/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" employ individuals for primary products and parts manufacturing activities that, combined, account for not less than 5 percent of manufacturing employment in the United States; and","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s4651/5/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" may include any other manufacturing industry designated by the Secretary based on the relevance of the manufacturing industry to the national and economic security of the United States, including the impacts of job losses.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s4651/6","children":[{"t":"num","text":"(6)"},{"t":"chapeau","text":" The term \u201cforeign entity\u201d\u2014"},{"t":"subpara","id":"/us/usc/t15/s4651/6/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" means\u2014"},{"t":"clause","id":"/us/usc/t15/s4651/6/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" a government of a foreign country and a foreign political party;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s4651/6/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" a natural person who is not a lawful permanent resident of the United States, citizen of the United States, or any other protected individual (as such term is defined in ","children":[{"t":"ref","text":"section 1324b(a)(3) of title 8","href":"/us/usc/t8/s1324b/a/3","tail":"; or"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s4651/6/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country; and","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s4651/6/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" includes\u2014"},{"t":"clause","id":"/us/usc/t15/s4651/6/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" any person owned by, controlled by, or subject to the jurisdiction or direction of a an entity listed in subparagraph (A);","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s4651/6/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" any person, wherever located, who acts as an agent, representative, or employee of an entity listed in subparagraph (A);","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s4651/6/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" any person who acts in any other capacity at the order, request, or under the direction or control, of an entity listed in subparagraph (A), or of a person whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in majority part by an entity listed in subparagraph (A);","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s4651/6/B/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" any person who directly or indirectly through any contract, arrangement, understanding, relationship, or otherwise, owns 25 percent or more of the equity interests of an entity listed in subparagraph (A);","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s4651/6/B/v","children":[{"t":"num","text":"(v)"},{"t":"content","text":" any person with significant responsibility to control, manage, or direct an entity listed in subparagraph (A);","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s4651/6/B/vi","children":[{"t":"num","text":"(vi)"},{"t":"content","text":" any person, wherever located, who is a citizen or resident of a country controlled by an entity listed in subparagraph (A); or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s4651/6/B/vii","children":[{"t":"num","text":"(vii)"},{"t":"content","text":" any corporation, partnership, association, or other organization organized under the laws of a country controlled by an entity listed in subparagraph (A).","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s4651/7","children":[{"t":"num","text":"(7)"},{"t":"chapeau","text":" The term \u201cforeign country of concern\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t15/s4651/7/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" a country that is a covered nation (as defined in ","children":[{"t":"ref","text":"section 4872(d) of title 10","href":"/us/usc/t10/s4872/d","tail":"); and"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s4651/7/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" any country that the Secretary, in consultation with the Secretary of Defense, the Secretary of State, and the Director of National Intelligence, determines to be engaged in conduct that is detrimental to the national security or foreign policy of the United States.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s4651/8","children":[{"t":"num","text":"(8)"},{"t":"chapeau","text":" The term \u201cforeign entity of concern\u201d means any foreign entity that is\u2014"},{"t":"subpara","id":"/us/usc/t15/s4651/8/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" designated as a foreign terrorist organization by the Secretary of State under ","children":[{"t":"ref","text":"section 1189 of title 8","href":"/us/usc/t8/s1189","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s4651/8/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s4651/8/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" owned by, controlled by, or subject to the jurisdiction or direction of a government of a foreign country that is listed in section 2533c\u202f","children":[{"t":"ref","text":"3"},{"t":"num","text":"3","tail":"\u202fSee References in Text note below."},{"t":"text","text":"\u202fSee References in Text note below.","tail":" of title 10; or"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s4651/8/D","children":[{"t":"num","text":"(D)"},{"t":"chapeau","text":" alleged by the Attorney General to have been involved in activities for which a conviction was obtained under\u2014"},{"t":"clause","id":"/us/usc/t15/s4651/8/D/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" chapter 37 of title 18 (commonly known as the \u201cEspionage Act\u201d) (","children":[{"t":"ref","text":"18 U.S.C. 792","href":"/us/usc/t18/s792","tail":" [791] et seq.);"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s4651/8/D/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" section 951 or 1030 of title 18;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s4651/8/D/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" chapter 90 of title 18 (commonly known as the \u201cEconomic Espionage Act of 1996\u201d);","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s4651/8/D/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" the Arms Export Control Act (","children":[{"t":"ref","text":"22 U.S.C. 2751","href":"/us/usc/t22/s2751","tail":" et seq.);"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s4651/8/D/v","children":[{"t":"num","text":"(v)"},{"t":"content","text":" sections 2274, 2275, 2276, 2277, or 2284 of title 42;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s4651/8/D/vi","children":[{"t":"num","text":"(vi)"},{"t":"content","text":" the Export Control Reform Act of 2018 (","children":[{"t":"ref","text":"50 U.S.C. 4801","href":"/us/usc/t50/s4801","tail":" et seq.); or"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s4651/8/D/vii","children":[{"t":"num","text":"(vii)"},{"t":"content","text":" the International Economic Emergency Powers Act\u202f","children":[{"t":"text","text":"3","tail":" ("},{"t":"ref","text":"50 U.S.C. 1701","href":"/us/usc/t50/s1701","tail":" et seq.); or"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s4651/8/E","children":[{"t":"num","text":"(E)"},{"t":"content","text":" determined by the Secretary, in consultation with the Secretary of Defense and the Director of National Intelligence, to be engaged in unauthorized conduct that is detrimental to the national security or foreign policy of the United States under this chapter.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s4651/9","children":[{"t":"num","text":"(9)"},{"t":"content","text":" The term \u201cgovernmental entity\u201d means a State or local government.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s4651/10","children":[{"t":"num","text":"(10)"},{"t":"content","text":" The term \u201cmature technology node\u201d has the meaning given the term by the Secretary.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s4651/11","children":[{"t":"num","text":"(11)"},{"t":"content","text":" The term \u201cnonprofit entity\u201d means an entity described in ","children":[{"t":"ref","text":"section 501(c)(3) of title 26","href":"/us/usc/t26/s501/c/3","tail":" and exempt from taxation under "},{"t":"ref","text":"section 501(a) of title 26","href":"/us/usc/t26/s501/a","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s4651/12","children":[{"t":"num","text":"(12)"},{"t":"content","text":" The term \u201cSecretary\u201d means the Secretary of Commerce.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s4651/13","children":[{"t":"num","text":"(13)"},{"t":"content","text":" The term \u201csemiconductor\u201d has the meaning given that term by the Secretary.","tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}