; and (ee) the investment otherwise meets the requirements of this subparagraph. (II) Treatment of certain waivers (aa) In general For the purposes of items (cc) and (dd) of subclause (I) and except as provided in item (bb), a waiver of a potential conflict of interest, a waiver of an allocation limitation, or a similar activity, applicable to a transaction pursuant to the terms of an agreement governing an investment fund shall not be considered to constitute control of investment decisions of the fund or decisions relating to entities in which the fund is invested. (bb) Exception The Committee may prescribe regulations providing for exceptions to item (aa) for extraordinary circumstances. (v) Regulations The Committee shall prescribe regulations providing guidance on the types of transactions that the Committee considers to be passive investment. (E) United States critical infrastructure company defined For purposes of this paragraph, the term United States critical infrastructure company means a United States business that is, owns, operates, or primarily provides services to, an entity or entities that operate within a critical infrastructure sector or subsector, as defined by regulations prescribed by the Committee. (F) United States critical technology company defined For purposes of this paragraph, the term United States critical technology company means a United States business that produces, designs, tests, manufactures, or develops one or more critical technologies, or a subset of such technologies, as defined by regulations prescribed by the Committee. (6) Critical infrastructure The term critical infrastructure means, subject to regulations prescribed by the Committee, systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems or assets would have a debilitating impact on national security. (7) Critical materials The term critical materials means physical materials essential to national security, subject to regulations prescribed