Definitions

In this title: (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Energy and Natural Resources, the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (B) 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 Natural Resources, and the Committee on Ways and Means of the House of Representatives. (2) Byproduct The term byproduct has the meaning given such term in section 7002(a)(1) of the Energy Act of 2020 (30 U.S.C. 1606(a)(1)). (3) Conversion The term conversion means the process to alter a refined or purified critical material to a secondary compound that is subject to supply chain disruptions relevant to the national, energy, and economic security of the United States, including the manufacturing of magnets, alloys, or multicompound chemistries, including such chemistries at solid, liquid, or gaseous states. (4) Covered entity The term covered entity means a nonprofit entity, a private entity, a consortium of private entities, or a consortium of nonprofit, public, and private entities— (A) with a demonstrated ability to— (i) substantially finance, construct, expand, or modernize a facility relating to the extraction, processing or refining, conversion, recycling, or research and development of critical materials; or (ii) substantially finance and repurpose an existing facility, including former manufacturing sites, to construct, expand, or modernize the facility for extraction, processing or refining, conversion, recycling, or research and development of critical materials; and (B) that is determined by the Secretary of Commerce, in consultation with the Secretary of Defense, the Secretary of Energy, the Secretary of the Interior, the Secretary of State, and the Director of National Intelligence— (i) to be owned or operated by, or a subsidiary of, an entity located in the United States or a foreign entity that has an extensive presence in the United States; and (ii) not to be owned or operated by, or a subsidiary of— (I) any foreign entity of concern or an entity located in a foreign country of concern; or (II) any entity engaged in conduct that is detrimental to the national security or foreign policy of the United States, including entities that do not uphold international law relating to human rights or environmental protections. (5) Covered trade action The term covered trade action means any ongoing investigation or final order pursuant to the Trade Act of 1974 (19 U.S.C. 2101 et seq.), section 701 of the Tariff Act of 1930 (19 U.S.C. 1671), section 731 of the Tariff Act of 1930 (19 U.S.C. 1673), or any other relevant trade law as determined by the Secretary. (6) Critical material The term critical material has the meaning given such term in section 7002(a)(2) of the Energy Act of 2020 (30 U.S.C. 1606(a)(2)). (7) Critical material manufacturing The term critical material manufacturing means any manufacturing process related to any of the following: (A) Extraction of a critical material from the natural ecosystem, including as a byproduct. (B) Refining or processing a critical material. (C) The conversion of a critical material into a secondary compound. (D) The recycling of a critical material from used manufacturing components, including technology components. (E) Any other relevant manufacturing process that produces a qualified substitute for use in the critical material supply chain. (8) Foreign country of concern The term foreign country of concern has the meaning given such term in section 9901 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651). (9) Foreign country of interest The term foreign country of interest means a foreign country or a political subdivision of a foreign country that is not a foreign country of concern and with respect to which the Secretary of Commerce, in collaboration with the Secretary of State and the United States Trade Representative, determines that— (A) the environmental protections of such country with respect to the production of critical materials meet or exceed similar protections in the United States; and (B) no products of the country are prohibited for importation into the United States pursuant to section 307 of the Tariff Act of 1930 (19 U.S.C. 1307). (10) Foreign entity The term foreign entity has the meaning given such term in section 9901 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651). (11) Foreign entity of concern The term foreign entity of concern has the meaning given such term in section 9901 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651). (12) Industrial decarbonization practice The term industrial decarbonization practice means— (A) any technology, practice, or technique that lowers the environmental impact or energy requirements of an industrial process; (B) any agreement with a local or regionally relevant electrical utility to acquire the majority of the required power for a facility from renewable sources; or (C) other technologies, practices, or techniques to promote sustainability and reduce and mitigate any environmental degradation that the Secretary of Commerce, in consultation with the Secretary of Energy, deems eligible. (13) Nonmarket country economy The term nonmarket country economy has the meeting given such term in section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18)). (14) Nonprofit entity The term nonprofit entity means an entity described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code. (15) Person The term person includes an individual, partnership, association, corporation, organization, or any other combination of individuals. (16) Qualified substitute The term qualified substitute means any verifiable alternative to a critical material able to carry out an essential function (as such term is used in section 7002(a)(2)(ii) of the Energy Act of 2020 (30 U.S.C. 1606(a)(2)(ii))) of a critical material. (17) Recycling The term recycling means the process of collecting and processing spent materials and devices and turning the materials and devices into raw materials or components that can be reused either partially or completely. (18) Refined or purified critical material The term refined or purified critical material means a critical material that has undergone any relevant manufacturing process to remove impurities and to meet industry standards of purity or concentration for downstream use cases post-extraction or recycling. (19) Secretary Unless otherwise specified, the term Secretary means the Secretary of Commerce, acting through the Center established in section 102.