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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“(b) Follow up.--The Administrator shall, in consultation with the Commandant of the Coast Guard and the Secretary of State, coordinate regularly with regional fisheries management organizations to determine what corrective measures each country has taken after vessels that are registered or documented by the country have been boarded for suspected IUU fishing.”
“(c) Transparency for Non-binding Instruments Concluded Under This Section.--Any memorandum of understanding or other non-binding instrument to further the objectives of this section shall be considered a qualifying non-binding instrument for purposes of section 112b of title 1, United States Code. SEC. 6097. ENFORCEMENT PROVISIONS. (a) Increase Boarding of Vessels Suspected of IUU Fishing.--The Commandant of the Coast Guard shall strive to increase, from year to year, its observation of vessels on the high seas that are suspected of IUU fishing and related harmful practices, and is encouraged to consider boarding these vessels to the greatest extent practicable.”
“(b) Federal Government Encouragement.--The Federal Government should encourage other nations to ratify treaties and agreements that address IUU fishing to which the United States is a party, including the High Seas Fishing Compliance Agreement and the Port State Measures Agreement, and pursue bilateral and multilateral initiatives to raise international ambition to combat IUU fishing, including in the G7 and G20, the United Nations, the International Labor Organization (ILO), and the International Maritime Organization (IMO), and through voluntary multilateral efforts, as long as clear burden sharing arrangements with partner nations are determined. The bilateral and multilateral initiatives should address underlying drivers of IUU fishing and fishing that involves the use of forced labor.”
“(a) Presidential Negotiation.--In negotiating any relevant agreement with a foreign nation or nations after the date of enactment of this Act, the President is encouraged to consider the impacts on or to IUU fishing and fishing that involves the use of forced labor and strive to ensure that the agreement strengthens efforts to combat IUU fishing and fishing that involves the use of forced labor as long as such considerations do not come at the expense of higher priority national interests of the United States.”
“(e) Definitions.--In this section: (1) Admission; admitted; alien; lawfully admitted for permanent residence.--The terms ``admission'', ``admitted'', ``alien'', and ``lawfully admitted for permanent residence'' have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). (2) Foreign person.--The term ``foreign person'' means an individual or entity that is not a United States person. (3) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or (C) any person in the United States. SEC. 6096. AGREEMENTS.”
“(3) Exception for safety of vessels and crew.--Sanctions under subsection (b) shall not apply with respect to a person providing provisions to a vessel identified under section 608(c) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826i) if such provisions are intended for the safety and care of the crew aboard the vessel, or the maintenance of the vessel to avoid any environmental or other significant damage. (4) Exemptions.--Sanctions under subsection (b) shall not apply with respect to a person described in subsection (a), if such person was listed as the owner of a vessel described in that subsection through the use of force, threats of force, fraud, or coercion.”
“(2) Exception to comply with international agreements.-- Sanctions under subsection (b) shall not apply with respect to the admission of an alien to the United States if such admission is necessary to comply with the obligations of the United States under the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or other international obligations.”
“1201(i))-- (i) take effect; and (ii) cancel any other valid visa or entry documentation that is in the person's possession. (c) National Interest Waiver.--The President may waive the imposition of sanctions under this section with respect to a foreign person if doing so is in the national interest of the United States. (d) Exceptions.-- (1) Exceptions for authorized intelligence and law enforcement activities.--This section shall not apply with respect to activities subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence, law enforcement, or national security activities of the United States.”
“(b) Ineligibility for Visas, Admission, or Parole.-- (1) Visas, admission, or parole.--A foreign person described in subsection (a) is-- (A) inadmissible to the United States; (B) ineligible to receive a visa or other documentation to enter the United States; and (C) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (2) Current visas revoked.-- (A) In general.--The visa or other entry documentation of a foreign person described in subsection (a) shall be revoked, regardless of when such visa or other entry documentation is or was issued. (B) Immediate effect.--A revocation under subparagraph (A) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C.”
“``(h) Authorization of Appropriations.--There are authorized to be appropriated to the Department of Commerce to carry out this section $10,000,000 for each of fiscal years 2025 through 2030.''. SEC. 6095. VISA SANCTIONS FOR FOREIGN PERSONS. (a) Foreign Persons Described.--A foreign person is described in this subsection if the foreign person is the owner or beneficial owner of a vessel on the IUU vessel list developed under section 608(c) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826i(c)).”
“``(3) Foreign vessel.--The term `foreign vessel' has the meaning given the term in section 110 of title 46, United States Code). ``(4) International fishery management organization.--The term `international fishery management organization' means an international organization established by any bilateral or multilateral treaty, convention, or agreement for the conservation and management of fish. ``(5) IUU fishing.--The term `IUU fishing' has the meaning given the term `illegal, unreported, or unregulated fishing' in the implementing regulations or any subsequent regulations issued pursuant to section 609(e). ``(6) 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.”
“The Administrator may add or remove a vessel, fleet, or beneficial owner of a vessel or fleet from the IUU vessel list on the date the vessel becomes eligible for such addition or removal. ``(g) Definitions.--In this section: ``(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.”
“``(B) Consideration of relevant information.--In considering an application for removal, the Secretary shall consider relevant information from all sources. ``(3) Removal due to international fishery management organization action.--The Secretary may remove a vessel from the IUU vessel list if the vessel was put on the list because it was a vessel listed on an IUU vessel list of an international fishery management organization, pursuant to subsection (c)(2)(A), and the international fishery management organization removed the vessel from its IUU vessel list. ``(f) Regulations and Process.--Not later than 12 months after the date of enactment of the , the Secretary shall issue regulations to set a process for establishing, maintaining, implementing, and publishing the IUU vessel list.”
“``(e) Permanency of IUU Vessel List.-- ``(1) In general.--Except as provided in paragraph (3), a vessel, fleet, or beneficial owner of a vessel or fleet that is put on the IUU vessel list shall remain on the IUU vessel list. ``(2) Application by owner for potential removal.-- ``(A) In general.--In consultation with the Secretary of State and the heads of other relevant agencies, the Secretary may remove a vessel, fleet, or beneficial owner of a vessel or fleet from the IUU vessel list if the beneficial owner of the vessel submits an application for removal to the Secretary that meets the standards that the Secretary has set out for removal. The Secretary shall make such standards publicly available.”
“``(D) The business or corporate address of each beneficial owner of the vessel. ``(E) The country where the vessel is registered or documented, and where it was previously registered if known. ``(F) The date of inclusion on the IUU vessel list of the vessel. ``(G) Any other Unique Vessel Identifier (UVI), if applicable. [[Page S3997]] ``(H) Any other identifying information on the vessel, as determined appropriate by the Secretary. ``(I) The basis for the Secretary's inclusion of the vessel on the IUU vessel list under paragraph (2). ``(d) Action.--The Secretary may take the action described in subsection (c)(2) of this section in effect on the day before the date of enactment of the against a vessel on the IUU vessel list, the owner of such vessel, and the operator of such vessel.”
“``(5) Public information.--The Secretary shall publish its procedures for adding vessels on, and removing vessels from, the IUU vessel list. The Secretary shall publish the IUU vessel list itself in the Federal Register annually and on a website, which shall be updated any time a vessel is added to the IUU vessel list, and include the following information (as much as is available and confirmed) for each vessel on the IUU vessel list: ``(A) The name of the vessel and previous names of the vessel. ``(B) The International Maritime Organization (IMO) number of the vessel, or other Unique Vessel Identifier (such as the flag state permit number or authorized vessel number issued by an international fishery management organization). ``(C) The maritime mobile service identity number and call sign of the vessel.”
“8031); ``(B) a country that is a member of the Combined Maritime Forces; or ``(C) civil organizations that have data-sharing agreements with a member of the Interagency Working Group on IUU Fishing. ``(4) Procedures for addition.-- ``(A) In general.--The Secretary may put a vessel on the IUU vessel list only after notification to the vessel's beneficial owner and a review of any information that the owner provides within 90 days of the notification. ``(B) Hearing.--A beneficial owner may request a hearing on the evidence if the owner's vessel is placed on the IUU vessel list under subparagraph (A) and may present new evidence to the Interagency Working Group on IUU Fishing described in paragraph (3)(A). Such Working Group shall review the new evidence and vote on whether the vessel shall remain on the IUU vessel list or not.”
“``(F) A vessel that is a fishing vessel engaged in commercial fishing within the exclusive economic zone of the United States without a permit issued under title II of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1821 et seq.). ``(G) A vessel that has the same beneficial owner as another vessel on the IUU vessel list at the time of the infraction. ``(3) Nominations to be put on the iuu vessel list.--The Secretary may receive nominations for putting a vessel on the IUU vessel list from-- ``(A) the head of an executive branch agency that is a member of the Interagency Working Group on IUU Fishing established under section 3551 of the Maritime SAFE Act (16 U.S.C.”
“``(C) A vessel, either on the high seas or in the exclusive economic zone of another country, identified and reported by United States authorities to an international fishery management organization to be conducting IUU fishing when the United States has reason to believe the foreign country to which the vessel is registered or documented is not addressing the allegation. ``(D) A vessel, fleet, or beneficial owner of a vessel or fleet on the high seas identified by United States authorities to be conducting IUU fishing. ``(E) A vessel that knowingly provides services (excluding emergency or enforcement services) to a vessel that is on the IUU vessel list, including transshipment, resupply, refueling, or pilotage.”
“``(B) A vessel knowingly taking part in fishing that undermines the effectiveness of an international fishery management organization's conservation and management measures, including a vessel-- ``(i) exceeding applicable international fishery management organization catch limits; or ``(ii) that is operating inconsistent with relevant catch allocation arrangements of the international fishery management organization, even if operating under the authority of a foreign country that is not a member of the international fishery management organization.”
“``(2) Inclusion on list.--The IUU vessel list shall include any foreign vessel, foreign fleet, or beneficial owner of a foreign vessel or foreign fleet for which the Secretary determines there is clear and convincing evidence to believe that a foreign vessel is any of the following (even if the Secretary has only partial information regarding the vessel): ``(A) A vessel listed on an IUU vessel list of an international fishery management organization.”
“1826i) is amended by striking subsections (c) and (d) and inserting the following: ``(c) IUU Vessel List.-- ``(1) In general.--The Secretary, in coordination with the Secretary of State, the Secretary of Labor, and the heads of other relevant agencies, shall develop, maintain, and make public a list of foreign vessels, foreign fleets, and beneficial owners of foreign vessels or foreign fleets engaged in IUU fishing or fishing-related activities in support of IUU fishing (referred to in this section as the `IUU vessel list').”
“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.”