Tommy Tuberville
Senator for Alabama · Republican · United States
“(e) Report on Certain Drivers of Deforestation and Environmental Degradation in the Brazilian Amazon.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with relevant Federal agencies, shall submit a report to Congress regarding certain drivers of deforestation and environmental d…”
“(e) Report on Certain Drivers of Deforestation and Environmental Degradation in the Brazilian Amazon.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with relevant Federal agencies, shall submit a report to Congress regarding certain drivers of deforestation and environmental d…”
“(a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Attorney General, the Secretary of the Treasury, and the heads of other Federal departments and agencies as appropriate, shall submit to the appropriate congressional committees a comprehensive strategy, with a classif…”
“(a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Attorney General, the Secretary of the Treasury, and the heads of other Federal departments and agencies as appropriate, shall submit to the appropriate congressional committees a comprehensive strategy, with a classif…”
“``(ii) In a civil action brought under section 2255 or 2255A, for purposes of paragraph (1), the court may-- ``(I) order the plaintiff or defendant to provide to the court or the Government, as applicable, any equipment necessary to maintain care, custody, and control of such property or material; and ``(II) take reasonable measures, and…”
“``(ii) In a civil action brought under section 2255 or 2255A, for purposes of paragraph (1), the court may-- ``(I) order the plaintiff or defendant to provide to the court or the Government, as applicable, any equipment necessary to maintain care, custody, and control of such property or material; and ``(II) take reasonable measures, and…”
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“8002 and 8003); and (2) to, additionally-- (A) prioritize efforts to prevent IUU fishing at its sources; and (B) support continued implementation of the Central Arctic Ocean Fisheries agreement, as well as joint research and follow-on actions that ensure sustainability of fish stocks in Arctic international waters. SEC. 6094. ESTABLISHMENT OF AN IUU VESSEL LIST. Section 608 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.”
“It is the policy of the United States to partner, consult, and coordinate with foreign governments (at the national and subnational levels), civil society, international organizations, international financial institutions, subnational coastal communities, commercial and recreational fishing industry leaders, communities that engage in artisanal or subsistence fishing, fishers, and the private sector, in a concerted effort-- (1) to continue the broad effort across the Federal Government to counter IUU fishing, including any potential links to forced labor, human trafficking, and other threats to maritime security, as outlined in sections 3533 and 3534 of the Maritime SAFE Act (16 U.S.C.”
“(8) Secretary.--Unless otherwise provided, the term ``Secretary'' means the Secretary of Commerce acting through the Administrator of the National Oceanic and Atmospheric Administration or the designee of the Administrator. SEC. 6093. STATEMENT OF POLICY.”
“(5) IUU fishing.--The term ``IUU fishing'' means activities described as illegal fishing, unreported fishing, and unregulated fishing in paragraph 3 of the International Plan of Action to Prevent, Deter, and Eliminate Illegal, Unreported and Unregulated Fishing, adopted at the 24th Session of the Committee on Fisheries in Rome on March 2, 2001. (6) Regional fisheries management organization.--The terms ``regional fisheries management organization'' and ``RFMO'' have the meaning given the terms in section 303 of the Port State Measures Agreement Act of 2015 (16 U.S.C. 7402). (7) Seafood.--The term ``seafood'' means fish, shellfish, processed fish, fish meal, shellfish products, and all other forms of marine animal and plant life other than marine mammals and birds.”
“In this subtitle: (1) Administrator.--Unless otherwise provided, the term ``Administrator'' means the Administrator of the National Oceanic and Atmospheric Administration or the designee of the Administrator. (2) Beneficial owner.--The term ``beneficial owner'' means, with respect to a vessel, a person that, directly or indirectly, through any contract, arrangement, understanding, relationship, or otherwise-- (A) exercises substantial control over the vessel; or (B) owns not less than 50 percent of the ownership interests in the vessel. (3) Fish.--The term ``fish'' means finfish, crustaceans, and mollusks. (4) Forced labor.--The term ``forced labor'' has the meaning given that term in section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).”
“(e) Enforcement.--A violation of any provision of this subtitle, or of any regulation, order, license, or other authorization issued pursuant to this subtitle shall be deemed a violation of the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.). (f) Administrative Procedures and Confidentiality of Information.--The provisions of sections 1762 and 1761(h) of the Export Control Reform Act of 2018 (50 U.S.C. 4821 and 4820(h)) shall apply to this subtitle in the same manner and to the same extent as such provisions apply to the Export Control Reform Act of 2018. Subtitle L--FISH Act SEC. 6091. SHORT TITLE. This subtitle may be cited as the or the ``FISH Act of 2025''. SEC. 6092. DEFINITIONS.”
“4801 et seq.) insufficiently addressed issues arising from the presence of sufficient volume of foreign covered integrated circuit products not covered by the requirements of this subtitle. (3) Congressional notification.--At least 30 days prior to exercising the waiver described in paragraph (2), the Under Secretary shall provide a written notification to the appropriate congressional committees containing detailed quantitative analysis demonstrating the rationale for the waiver and that exercising any and all authorities under the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.) insufficiently addressed issues arising from the presence of sufficient volume of foreign covered integrated circuit products not covered by the requirements of this subtitle.”
“[[Page S3996]] (d) Foreign Competitiveness Assessment and Related Authorities.-- (1) In general.--The Under Secretary shall annually assess the competitiveness of foreign covered integrated circuit products in relation to United States covered integrated circuit products. (2) Waiver.--The Under Secretary, in consultation with the Secretary of State, the Secretary of Defense, and the Secretary of Energy, is authorized to waive any requirements of this subtitle if the Under Secretary, in consultation with such Secretaries, determines that the implementation of chip security mechanisms poses an undue burden on United States competitiveness, is inconsistent with the national security interests of the United States, and that exercising any and all authorities under the Export Control Reform Act of 2018 (50 U.S.C.”
“4801 et seq.) or otherwise provided by law, in carrying out this section, the Under Secretary may-- (1) verify, in a manner the Under Secretary determines appropriate, the ownership and location of a covered integrated circuit product that has been exported, reexported, or in-country transferred to or in a foreign country; (2) maintain a record of covered integrated circuit products and include in the record the location and current end-user of each such product; and (3) require any person involved in the design, manufacture, sale, physical security, oversight, distribution, export, or licensed transfer of a covered integrated circuit product being exported, re-exported, or in-country-transferred to a foreign country to provide the information needed to maintain the record (such as essential information relating to the chip security mechanisms, or the end-user of covered integrated circuit products located outside of the United States).”
“(B) Privacy and cybersecurity.--In assessing and developing requirements for enhanced chip security mechanisms under this subsection, the Under Secretary shall prioritize mitigation of confidentiality and cybersecurity risk. (c) Enforcement Authority.--In addition to the penalty and enforcement authorities granted to the Under Secretary under the Export Control Reform Act of 2018 (50 U.S.C.”
“(B) Form.--The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (3) Implementation.-- (A) In general.--If any enhanced chip security mechanisms identified pursuant to paragraph (1)(A) are determined by the Under Secretary to be appropriate, the Under Secretary may, not later than two years after the date on which the Under Secretary completes the assessment required by paragraph (1), require any covered integrated circuit product to incorporate the enhanced chip security mechanisms, or for additional mechanisms to be otherwise implemented, at the time the product is exported, reexported, or in-country transferred to or in a foreign country.”
“(2) Report to congress.-- (A) In general.--Not later than two years after the date of the enactment of this Act, and annually thereafter for three years, the Under Secretary shall submit to the appropriate congressional committees a report on the results of the assessment required by paragraph (1), including-- (i) an identification of the chip security mechanisms, if any, to be included in the requirements for enhanced chip security mechanisms; (ii) an identification of research and development directions that could be used to improve the robustness of chip security mechanisms and incentives to promote such research and development directions; (iii) if applicable, a roadmap for the timely implementation of the enhanced chip security mechanisms; and (iv) any recommendations for modifications to relevant export controls to allow for more flexibility with respect to the countries to or in which covered integrated circuit products may be exported, reexported, or in-country transferred if the products include enhanced chip security mechanisms.”
“4801 et seq.); (bb) in detecting and deterring illegal diversion of the covered integrated circuit products; and (cc) in enhancing persons' global inventory management; and (III) the susceptibility of the methods examined under clause (i) to tampering, disabling, or other forms of manipulation; and (iii) an estimate of the expected costs to implement at- scale methods to tamper with, disable, or manipulate a covered integrated circuit product, or otherwise circumvent the methods examined under clause (i).”
“(B) Elements.--The assessment required by subparagraph (A) shall include-- (i) an examination of the feasibility, reliability, and effectiveness of-- (I) methods and strategies that prevent the tampering, disabling, or other manipulating of covered integrated circuit products; and (II) any other method the Under Secretary determines appropriate for the prevention of unauthorized use, access, or exploitation of covered integrated circuit products; (ii) an analysis of-- (I) the potential costs associated with implementing each method examined under clause (i), including an analysis of-- (aa) the potential impact of the method on the performance of covered integrated circuit products; and (bb) the potential for the introduction of new vulnerabilities into the products; (II) the potential benefits of implementing the methods examined under clause (i), including an analysis of the potential increase-- (aa) in compliance of covered integrated circuit products with the requirements of the Export Control Reform Act of 2018 (50 U.S.C.”
“4801 et seq.); (II) to detect the illegal diversion of covered integrated circuit products; (III) to identify and monitor smuggling intermediaries; (IV) to ensure United States technology leadership; (V) to ensure the orderly and effective implementation of the chip security mechanism; and (VI) to address industry feedback about the implementation of the chip security mechanism; (ii) if the Under Secretary identifies any such enhancements, develop incentives for facilitating industry- wide incorporation of such enhancements for covered integrated circuit products; and (iii) where necessary, to expedite the implementation of such enhancements and identify and support research activities, such as-- (I) updating and clarifying relevant vulnerability and threat models; (II) developing definitions, assets, and other practices to support traceability and provenance of materials and data across the product lifecycle; (III) developing updated databases of existing trust and assurance data practices; and (IV) developing practices for implementing chip security mechanisms and sharing relevant information across the product life cycle while protecting confidential intellectual property.”
“(b) Enhancements to Chip Security Mechanisms.-- (1) Assessment.-- (A) In general.--Not later than two years after the date of the enactment of this Act, and annually thereafter for three years, the Under Secretary, in consultation with the Secretary of State, the Secretary of Defense, and the Secretary of Energy, shall-- (i) conduct an assessment, in robust consultation with the public in a manner determined appropriate by the Under Secretary and in consultation with the heads of other relevant Federal departments and agencies, to identify what enhancements, if any, should be used to improve the chip security mechanisms implemented under subsection (a)(1)-- (I) to enhance compliance with the requirements of the Export Control Reform Act of 2018 (50 U.S.C.”
“(5) Stakeholder engagement.--In carrying out this subsection, the Under Secretary shall undertake a robust stakeholder engagement process to inform the development and implementation of chip security mechanisms, which shall include-- (A) soliciting input from relevant stakeholders, including-- (i) private sector entities involved in the covered integrated circuit product supply chain; (ii) experts in software, firmware, and hardware security, cybersecurity, privacy, export compliance, national security, and advanced artificial intelligence; and (iii) individuals from academic institutions, federally funded research and development centers, Federal departments and agencies, and other research organizations with relevant expertise; and (B) incorporating stakeholder feedback to ensure that required chip security mechanisms are operationally effective, scalable, and aligned with best practices in security, privacy, and export compliance.”
“(4) Rule promulgation.--Not later than one year after the date of the enactment of this Act, the Under Secretary, in robust consultation with the public in a manner determined appropriate by the Under Secretary and in consultation with the heads of other relevant Federal departments and agencies, shall promulgate a rule that includes a reporting requirement to inform the Bureau of Industry and Security of the Department of Commerce whenever chip security mechanisms fail to confirm that any covered integrated circuit product has not been illegally diverted to a destination of concern, taking into account reasonable time for persons to verify or repair the chip security mechanism, identified in the rule, including instances in which there is evidence that a product has been subjected to tampering or an attempt at tampering, including efforts to disable, spoof, falsify, manipulate, mislead, or circumvent chip security mechanisms.”
“(B) Requirements.--In promulgating the proposed regulations under subparagraph (A), the Under Secretary shall-- (i) solicit public feedback on potential guidance to clarify the categories of persons subject to this requirement, how information should be securely shared between entities, and the procedures for submission of such notifications, in order to ensure clarity regarding compliance obligations and implementation; and (ii) issue guidance to clarify how the regulations can be applied in nations with data localization laws or data privacy laws, providing flexibility if such laws require novel or flexible approaches.”
“(2) Adaptation of requirement for geographical differences.--In implement the requirements of paragraph (1), the Under Secretary may select chip security mechanisms that vary by geographical region and by party, as the Under Secretary deems appropriate to support national security and foreign policy. (3) Proposed regulations.-- (A) In general.--Not later than 270 days after the date of the enactment of this Act, the Under Secretary shall promulgate proposed regulations implementing the requirements of paragraph (1).”
“(a) Primary Requirements.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Under Secretary, in consultation with the Secretary of State, the Secretary of Defense, and the Secretary of Energy, shall require any covered integrated circuit product that is exported, reexported, or in-country [[Page S3995]] transferred to or within a foreign country to be secured by a chip security mechanism that enables reliable verification of whether the product has been illegally diverted to destinations of concern, to the extent consistent with the recommendations transmitted pursuant to section 6085, using techniques that are feasible and appropriate on such date of enactment.”
“(2) Form.--The report required in this subsection shall be submitted in unclassified form but may include a classified annex. SEC. 6086. REQUIREMENTS FOR CHIP SECURITY MECHANISMS FOR EXPORT, RE-EXPORT, OR IN-COUNTRY TRANSFER OF COVERED INTEGRATED CIRCUIT PRODUCTS.”
“(c) Report to Congress.-- (1) In general.--Not later than 210 days after the date of the enactment of this Act, the Under Secretary shall submit to the appropriate congressional committees a report on the results of the assessment required by subsection (a), including-- (A) an identification of the chip security mechanisms the Under Secretary plans to propose pursuant to implementing section 6086; (B) an identification of future research and development directions that could be used to enhance robustness of chip security mechanisms and incentives to promote such research and development directions; (C) a roadmap for the timely implementation of the chip security mechanisms; and (D) any recommendations for potential modifications to relevant export controls to allow for more flexibility with respect to the countries to or in which covered integrated circuit products may be exported, reexported, or in-country- transferred if the products include chip security mechanisms.”
“(b) Stakeholder Engagement.--In carrying out the requirements under subsection (a), the Under Secretary shall undertake a robust stakeholder engagement process to inform the development and implementation of chip security mechanisms, which shall include-- (1) soliciting input from relevant stakeholders, including-- (A) private sector entities involved in the covered integrated circuit product supply chain; (B) experts in software, firmware, hardware security, cybersecurity, privacy, export compliance, national security, and advanced artificial intelligence; and (C) individuals from academic institutions, federally funded research and development centers, Federal departments and agencies, and other research organizations with relevant expertise; and (2) incorporating stakeholder feedback to ensure that required chip security mechanisms are operationally effective, scalable, and aligned with best practices in security, privacy, and export compliance.”
“(a) Assessment.--On the date of the enactment of this Act, the Under Secretary, in consultation with the Secretary of State, the Secretary of Defense, and the Secretary of Energy and in robust consultation with the public in a manner determined appropriate by the Under Secretary and in consultation with the heads of other relevant Federal departments and agencies, shall initiate an assessment-- (1) to identify potential chip security mechanisms to enable reliable verification of whether a covered integrated circuit product has been illegally diverted or accessed; (2) to develop incentives for facilitating industry-wide incorporation of such chip security mechanisms; (3) to conduct an analysis of the potential costs associated with implementing such chip security mechanisms; and (4) to recommend a set of chip security mechanisms that would effectively detect diversion and smuggling and is technically feasible, cost-effective, and ensures the technology leadership of the United States.”
“4801 et seq.) or any other provision of law; or (6) to apply any requirements or regulations under this subtitle to any covered integrated circuit products in the United States. SEC. 6085. INITIAL REPORT TO CONGRESS ON CHIP SECURITY MECHANISMS.”
“Nothing in this subtitle may be construed to direct the Under Secretary-- (1) to require any chip security mechanisms that-- (A) may hinder the capability or functionality of a covered integrated circuit product, such as a kill switch or geofencing mechanism; or (B) meaningfully undermine the cybersecurity of the covered integrated circuit product; (2) to mandate the incorporation of a location verification mechanism on a covered integrated circuit product that requires physical changes to hardware; (3) to consider any chip security mechanism requirements of this subtitle as applicable to a person that fabricates covered integrated circuit products, unless the person also designs the respective covered integrated circuit products; (4) to require chip security mechanisms for exports of integrated circuits, computers, electronic assemblies, or components that are not designed or marketed for artificial intelligence datacenter use; (5) to limit any other enforcement authority of the Under Secretary or the head of any other Federal department or agency under the Export Control Reform Act of 2018 (50 U.S.C.”
“(5) Export, in-country transfer, and reexport.--The terms ``export'', ``in-country transfer'', and ``reexport'' have the meanings given those terms in section 1742 of the Export Control Reform Act of 2018 (50 U.S.C. 4801). (6) Under secretary.--The term ``Under Secretary'' means the Under Secretary of Commerce for Industry and Security. SEC. 6084. RULES OF CONSTRUCTION.”
“(C) Exclusion.--The term ``covered integrated circuit'' does not include-- (i) covered integrated circuits or products containing a covered integrated circuit that are not designed or marketed for use in a data center; (ii) microprocessor microcircuits, such as central processing units, that are not graphics processing units or similar products; or (iii) network switch integrated circuits whose dominant function is routing traffic over a computing network. (4) Destination of concern.--The term ``destination of concern'' means-- (A) a country subject to a United States arms embargo as described in section 126.1 of title 22, Code of Federal Regulations; or (B) any other country determined by the Under Secretary.”
“(3) Covered integrated circuit product.-- (A) In general.--The term ``covered integrated circuit product'' means a certain integrated circuit, computer, or other product classified under Export Control Classification Number 3A090, 4A090, 5A002.z, related .z Export Control Classification Numbers, or other functionally equivalent or substantially similar items. (B) Modification.--The Under Secretary shall routinely modify the definition of the term ``covered integrated circuit product'' under subparagraph (A) for the purposes of this subtitle to ensure only integrated circuits, computers, electronic assembly, or components designed or marketed for datacenter use are subject to the requirements of this subtitle.”
“(2) Chip security mechanism.--The term ``chip security mechanism'' means, with respect to a covered integrated circuit product, a software-, firmware-, or hardware-enabled security mechanism or a physical security mechanism, including-- (A) periodic on-site audits or inventories at the end- user's approved destination for the covered integrated circuit product; (B) periodic attestations by a U.S.-headquartered entity, or its subsidiaries, confirming that all covered integrated circuit products are accounted for, provided the Under Secretary approves the attestations; (C) except in the case of a covered integrated circuit product whose sole or principal function is memory or storage, ping-based location verification through a trusted landmark server utilizing secure software- or firmware- enabled mechanisms; or (D) various other mechanisms, or combinations of mechanisms, that the Under Secretary determines can verifiably demonstrate with significant confidence that the covered integrated circuit product has not been illegally diverted to a destination of concern.”
“SEC. 6083. DEFINITIONS. In this subtitle: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Foreign Affairs of the House of Representatives.”
“It is the sense of Congress that-- (1) technology developed in the United States should serve as the foundation for the global ecosystem of artificial intelligence to advance the foreign policy and national security objectives of the United States and allies and partners of the United States; (2) the United States can foster goodwill, strengthen relationships, and support innovative research around the world by providing allies and partners of the United States with advanced computing capabilities; (3) advanced integrated circuits and computing hardware that are exported from the United States must be protected from diversion, theft, and other unauthorized use or exploitation in order to bolster the competitiveness of the United States and protect the national security of the United States; (4) illegal diversion of advanced integrated circuits and computing hardware, particularly illegal diversion to the People's Republic of China and the Russian Federation, is a significant and growing issue that undermines the United States' export controls and threatens the United States' national security; (5) implementing chip security mechanisms will improve enforcement of export control laws of the United States, assist allies and partners with guarding computing hardware, and enhance protections from bad actors looking to access, divert, or tamper with advanced integrated circuits and computing hardware; and (6) implementing chip security mechanisms may help with the detection of smuggling or exploitation of advanced integrated circuits and computing hardware, thereby allowing for increased flexibility in export controls and opening the door for more international partners to receive streamlined and larger shipments of advanced computing hardware.”
“(6) Prohibition on new budget authority.--Nothing in this subtitle may be construed to provide new budget authority to incur obligations in advance of appropriations. [[Page S3994]] Subtitle K--Chip Security Act SEC. 6081. SHORT TITLE. This subtitle may be cited as the ``Chip Security Act''. SEC. 6082. SENSE OF CONGRESS.”
“(4) Updates.--Not less frequently than every 2 years, the Administrator, in collaboration with commercial entities, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives interim milestone updates relating to the pilot program under this section. (5) Termination.-- (A) In general.--The authority to collect voluntary contributions under paragraph (1)(A) shall terminate on December 31, 2031. (B) Rule of construction.--The termination under subparagraph (A) of the authority to collect voluntary contributions may not be construed to otherwise affect the validity or terms of agreements under section 20113(e) of title 51, United States Code, or the retention or use by the Administration of proceeds from such agreements.”
“(3) Annual report.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on projects conducted under this section that includes the following: (A) For the preceding calendar year, the total amount of expenditures on projects by NASA and industry. (B) The proposed uses of amounts contributed by NASA and industry for the operating plans of the Administration. (C) Additional recommendations for efforts to streamline or reduce costs for each agreed upon project described in this section.”
“(D) Unexpended contributions.--For any voluntary contributions from a commercial entity designated to a specific project that are not fully expended on that project within 90 days of the project becoming operational, the Administrator shall, at the election of the contributing commercial entity-- (i) refund the unexpended portion to the entity; or (ii) allow the commercial entity to redesignate the funds to another eligible project under this subsection.”
“(B) Consultation.--The Administrator shall consult and partner with other Federal, State, and local public entities-- (i) to ensure that such projects are not duplicative; and (ii) to identify opportunities for projects to provide increased capability or capacity to users. (C) Treatment of improvements.--Improvements made to NASA- owned infrastructure at a NASA Center with amounts made available under a voluntary agreements under this section shall be property of the United States, unless the Administrator determines that transferring ownership of such improvements would be in the best interests of the United States.”
“(2) Use of funds.-- (A) In general.--Contributions proffered by entities under agreements in support of projects shall be used by the Administrator to conduct capital repairs, maintenance, and improvements to NASA-owned infrastructure at a NASA Center, as the Administrator considers necessary to support activities conducted under agreements entered into under section 20113(e) of title 51, United States Code, which may include renovation, rehabilitation, sustainment, demolition, construction, operation, maintenance, repair, enhancement, expansion, and modernization of NASA-owned infrastructure at a NASA Center.”
“(iii) Direct contributions.--The Administrator may make direct financial or in-kind contributions to projects undertaken by commercial entities under agreements entered into under clause (i), as the Administrator considers appropriate to support common use infrastructure at a NASA Center.”
“(H) Contributions from other entities.--The Administrator may enter into agreements for voluntary contributions from other entities, including Federal, State, or local authorities, for the purpose of funding projects. (I) Direct agreements.-- (i) Rule of construction.--Nothing in this subtitle may be construed to restrict the Administrator from entering into direct agreements under section 20113(e) of title 51, United States Code, with entities to perform work within a NASA Center separate from the activities funded through projects. (ii) Prioritization.--The Administrator shall prioritize such direct agreements in instances in which required work would be completed more expeditiously or at a lower cost than through the pilot program described in this section.”
“(G) CECR funds.-- (i) In general.--As provided in advance in appropriations Acts, the Administrator is authorized to use amounts otherwise made available within the Construction and Environmental Compliance and Restoration account to fulfill the obligations entered into by the Administrator under agreements pursuant to this section. (ii) Receipt of funds.--Contributions may be collected only as provided in subparagraph (A). Private contributions deposited into the Construction and Environmental Compliance and Restoration account shall be available only to the extent and in such amounts as provided in advance in appropriations Acts, and shall be subject to the same purposes, terms, and conditions as amounts otherwise appropriated to the account.”
“(F) Requirements with respect to agreements.--Each agreement entered into with a commercial entity under subparagraph (A) shall, on a case-by-case basis-- (i) address the terms of use, ownership, and disposition of the funds, services, or equipment contributed pursuant to the agreement; (ii) include a provision that the commercial entity will not recover the costs of its contribution through any other agreement with the United States; and (iii) include a provision that mutually determines which entity covers costs in the event of cost overruns or project delays.”
“(E) Nonconditioning of agreements.--The Administrator shall not withhold execution of any agreement under section 20113(e) of title 51, United States Code, or deny a lease or other authorization for commercial activities on the basis of a failure to reach agreement on the amount or terms of contributions described in this section.”
“(C) Project costs and timelines.--The Administrator shall-- (i) to the maximum extent practicable, ensure that the projects described in this section are completed within the cost estimates and timelines established under subparagraph (B)(i); and (ii) exercise streamlined acquisition procedures to the maximum extent allowed by law. (D) Cost-sharing.--The Administrator shall ensure that any agreement entered into with a commercial entity under subparagraph (A) provides that, at the conclusion of the project, any funds contributed by the commercial entity that remain unexpended shall be returned to such entity in proportion to the amount originally contributed by the partner.”
“Any contributions so collected shall be available only to the extent and in such amounts as provided in advance in appropriations Acts, and shall be subject to the same purposes, terms, and conditions as amounts otherwise appropriated to the account. (B) Transparency.-- (i) Cost and schedule estimates.--In any agreement that includes the means for voluntary contributions described in this section, the Administrator shall establish a reasonable cost and schedule baseline for each project. (ii) Project completion.--At the conclusion of each designated project, the Administrator shall provide each contributing commercial entity with a final project cost, including a breakdown of cost sharing between government and commercial entities.”
“(b) Agreements in Support of Common Use Infrastructure Projects.-- (1) Funding.-- (A) Voluntary infrastructure contributions.--The Administrator may enter into agreements under section 20113(e) of title 51, United States Code, involving transactions that support public and commercial activities at 1 or more NASA Centers, and such agreements may include the authority to collect voluntary infrastructure contributions to fund specific capital repair, maintenance, and improvement projects described in paragraph (2), but no contribution may be collected or accepted, and no agreement authorizing the collection of such contributions may be executed, except to the extent and in such amounts as provided in advance in an appropriations Act.”
“(5) Project.--The term ``project'' means any work performed in support of a common activity or infrastructure effort under 1 or more common use infrastructure agreements entered into pursuant to this subtitle, regardless of whether such work is conducted pursuant to a single agreement or multiple separate agreements with different commercial entities. SEC. 6073. PILOT PROGRAM FOR INFRASTRUCTURE INVESTMENTS AT NASA CENTERS. (a) Pilot Program.--The Administrator may conduct a pilot program for private and public investment in specific infrastructure projects at 1 or more NASA Centers.”
“In this subtitle: (1) Administration.--The term ``Administration'' means the National Aeronautics and Space Administration. (2) Administrator.--The term ``Administrator'' means the Administrator of the National Aeronautics and Space Administration. (3) Common use infrastructure.--The term ``common use infrastructure''-- (A) means any infrastructure that benefits 1 or more NASA Center users; (B) includes roadways and commodities pipelines and portions of roadways and commodities pipelines; and (C) does not include any infrastructure that solely benefits the National Aeronautics and Space Administration. (4) NASA.--The term ``NASA'' means the National Aeronautics and Space Administration.”
“(b) State or Tribal Law.--Nothing in this subtitle or the amendments made by this subtitle, nor any rule or regulation issued pursuant to this subtitle or the amendments made by this subtitle, shall-- (1) preempt, diminish, or supplant any right or remedy for a victim of child pornography or child sexual exploitation under any State or Tribal common or statutory law; or (2) prohibit the enforcement of a law governing child pornography or child sexual exploitation that is at least as protective of the rights of a victim as this subtitle and the amendments made by this subtitle. [[Page S3993]] Subtitle J--Space Ready Act SEC. 6071. SHORT TITLE. This subtitle may be cited as the ``Space Ready Act''. SEC. 6072. DEFINITIONS.”