Definitions

In this Act: (1) Covered foreign investment commitment The term covered foreign investment commitment means a commitment by a foreign country to invest in the United States made— (A) as part of a trade agreement; (B) in response to tariffs, embargoes, or other punitive trade measures imposed or having the potential to be imposed pursuant to— (i) section 122, 201, 232, 301, or 406 of the Trade Act of 1974; or (ii) any other trade or economic authority of the United States; or (C) as a result of negotiations or solicitations with representatives of the executive branch or any individual acting on behalf of or at the behest of the executive branch, including any persons affiliated with the executive branch. (2) Covered investment The term covered investment means an investment intended by the person making the investment, the government of the country in which such person is located, or the United States Government to count towards a covered foreign investment commitment. (3) Family member With respect to an individual, the term family member has the meaning given that term in section 9832(d) of the Internal Revenue Code of 1986. (4) FIRA The term FIRA means the Foreign Investment Review Authority. (5) Net economic benefit With respect to an investment, the investment provides a net economic benefit to the United States if the investment— (A) promotes domestic growth and production; (B) creates and retains quality jobs in the United States; (C) creates and retains jobs that are accessible to workers without a college degree, such as through a registered apprenticeship program or other workforce training program; (D) does not contribute to creating greater global or domestic excess capacity in the applicable sector of the economy; (E) does not undermine existing businesses in the United States, including by undermining such businesses’ ability to compete domestically or internationally; and (F) creates integrated demand for domestically-sourced materials and does not primarily promote the creation or continuance of an assembly facility utilizing foreign-produced components. (6) Obligation date With respect to a covered foreign investment commitment, the obligation date is the date on which the commitment is made. (7) Person The term person — (A) has the meaning given that term in section 1 of title 1, United States Code; and (B) includes an entity or government. (8) Qualified investment The term qualified investment means an investment that qualifies to count towards a covered foreign investment commitment, as determined by FIRA under section 6. (9) Quality job With respect to an investment, the term quality job means a job— (A) that provides at least 30 hours of work per week; (B) that is a job with compensation that— (i) is equal to or exceeds the compensation of existing similarly-situated jobs in the United States; (ii) except with respect to a managerial job, includes a wage that is higher than the median wage of the State in which the job is located (or, if not located in a State, the nearest State); and (iii) includes comprehensive health care, defined benefit pension, and other family-sustaining benefits; and (C) located at a facility in the United States where the employer— (i) ensures neutrality in any union organizing drive; and (ii) with respect to an investment where the investing person has a union or employees works council at any facility in the home country of the person, provides similar opportunities to employees located at such United States facility as are provided at the facility in the home country. (10) Registered apprenticeship program The term registered apprenticeship program means an apprenticeship registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.) that meets the standards of subpart A of part 29 and part 30 of title 29, Code of Federal Regulations. (11) State The term State means each of the several States, the District of Columbia, and each territory of the United States.