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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“(2) Rules of construction.--Nothing in this section shall be construed to-- (A) create any immunity or exemption from the antitrust laws if the Attorney General determines that the non-Federal entities are not acting in good faith or are otherwise unreasonably engaging in anticompetitive acts; or (B) to limit any private right of action for any violation of the antitrust laws that is not exempt under subsection (b). SEC. 6046. NATIONAL QUANTUM INITIATIVE. (a) Department of Energy Quantum Information Science Research Program.--Section 401 of the National Quantum Initiative Act (15 U.S.C.”
“(c) Injunctive Relief.-- (1) In general.--The Attorney General may seek, in a court of competent jurisdiction, an injunction against the initiation or continuation of the provision or exchange of information or assistance by non-Federal entities described in section 3 that violates the antitrust laws if the Attorney General determines that the non-Federal entities are not acting in good faith or are otherwise unreasonably engaging in anticompetitive acts.”
“(4) Rule of construction.--Paragraph (1)(A) shall not be construed to permit price-fixing, allocating a market between competitors, monopolizing or attempting to monopolize a market, boycotting, or exchanges of price or cost information. (5) Exemption from disclosure.--Any information submitted to the Attorney General pursuant to paragraph (1)(B), including any written notice submitted under that subsection and any information derived from such submission that would reveal the substance of such submission, shall be-- (A) used solely for the purpose of subsection (c); (B) deemed voluntarily shared information and exempt from disclosure under section 552 of title 5, United States Code; and (C) withheld, without discretion, from the public under section 552(b)(3) of title 5, United States Code.”
“(2) Limitation.--Paragraph (1) shall not apply to a non- Federal entity receiving information or assistance unless the non-Federal entity uses such information or assistance for a covered artificial intelligence security purpose and has implemented reasonable internal controls to limit the extent to which such information or assistance can be used for other purposes. (3) Affirmative defense.--In any action or proceeding brought under the antitrust laws, the exemption provided under paragraph (1) shall constitute an affirmative defense, and any non-Federal entity claiming the exemption shall bear the burden of proving by a preponderance of the evidence that the entity's actions were taken in good faith and for the exclusive purpose described in paragraph (1).”
“(b) Antitrust Exemption.-- (1) In general.--It shall not be considered a violation of any provision of the antitrust laws for-- (A) 2 or more non-Federal entities to provide or exchange information or assistance relating to a covered artificial intelligence security risk in good faith for the exclusive purpose of a covered artificial intelligence security purpose; or (B) 2 or more non-Federal entities to provide or exchange information or assistance for the exclusive purpose of coordinating strategies to reduce covered artificial intelligence security risks via delaying or otherwise limiting the release, deployment, use, development, training, testing, or evaluation of artificial intelligence, provided that the non-Federal entities submit prior written notice of the proposed coordinated delay or limitation to the Attorney General, detailing the specific covered artificial intelligence security risk and the scope of the proposed restriction.”
“(7) Unauthorized access.--The term ``unauthorized access'' with respect to artificial intelligence-- (A) means unauthorized access or use of artificial intelligence; and (B) includes-- (i) extraction or copying of model weights, parameters, or other nonpublic model information; (ii) systematic querying or automated extraction designed to distill, replicate, or reconstruct model capabilities; and (iii) compromise affecting the integrity, reliability, or security of artificial intelligence, including through malicious code, a backdoor, manipulated data, or compromise of an artificial intelligence model, training dataset, or artificial intelligence component.”
“(F) Be vulnerable to unauthorized access that-- (i) creates a substantial risk of a consequence described in subparagraphs (A) through (D); or (ii) is for the benefit of, at the direction of, or under the control of-- (I) a covered nation (as defined in section 4872(f)(2) of title 10, United States Code); or (II) an entity owned, controlled, or directed by a covered nation. (6) Exclusive purpose.--The term ``exclusive purpose'', with respect to the provision of information or assistance, means for the purpose of, with not more than an insubstantial part of the information or assistance being for other purposes.”
“(D) Autonomously improve, or substantially facilitate the autonomous improvement of the capabilities of artificial intelligence in a manner that creates a reasonable risk of a consequence described in subparagraph (A), (B), or (C). (E) Be stolen, weaponized, trained, developed, or deployed by a covered nation (as defined in section 4872(f)(2) of title 10, United States Code) or an entity owned, controlled, or directed by a covered nation in a manner that poses a significant threat to the national security, including through covert, clandestine, undisclosed, or otherwise concealed development activities that attempt to evade detection or verification.”
“(B) Cause a disruption to, degradation of, impairment of, or loss of operational control over critical infrastructure that is reasonably likely to result in a significant impact [[Page S3975]] on security, national economic security, national public health or safety, or any combination thereof. (C) Substantially reduce the ability of a developer, deployer, owner, operator, user, evaluator, auditor, Federal department or agency, or other governmental authority to oversee, evaluate, monitor, control, contain, restrict access to, disable, or terminate such artificial intelligence, if the applicable person or governmental authority has authority or responsibility to do so, including through unauthorized, deceptive, evasive, or malicious activity involving such artificial intelligence.”
“(4) Covered artificial intelligence security purpose.--The term ``covered artificial intelligence security purpose'' means the purpose of protecting against, identifying, evaluating, testing, analyzing, preventing, investigating, or mitigating a covered artificial intelligence security risk. (5) Covered artificial intelligence security risk.--The term ``covered artificial intelligence security risk'' means the potential for artificial intelligence, including during development, training, testing, evaluation, deployment, use, or release, to do 1 or more of the following: (A) Substantially facilitate the development or deployment of a chemical, biological, radiological, nuclear, or offensive cyber weapon.”
“(a) Definitions.--In this section: (1) Antitrust laws; non-federal entity.--The terms ``antitrust laws'' and ``non-Federal entity'' have the meanings given those terms, respectively, in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501). (2) Artificial intelligence.--The term ``artificial intelligence'' has the meaning given that term in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 4001 note). (3) Assistance.--The term ``assistance'' includes the provision of software, hardware, data, personnel, and other resources.”
“SEC. 6044. EXEMPTION FROM IMMIGRANT VISA LIMIT. Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following: ``(F) Aliens who-- ``(i) are eligible for a visa under paragraph (1) or (3) of section 203(a); and ``(ii) have a parent (regardless of whether the parent is living or dead) who was naturalized pursuant to-- ``(I) section 405 of the Immigration Act of 1990 (Public Law 101-649; 8 U.S.C. 1440 note); or ``(II) title III of the Act of October 14, 1940 (54 Stat. 1137, chapter 876), as added by section 1001 of the Second War Powers Act, 1942 (56 Stat. 182, chapter 199).''. SEC. 6045. COLLABORATION ON ADVERSARIAL THREATS AND AI SECURITY RISKS.”
“``(B) Supreme court.--The Marshal of the Supreme Court shall prescribe regulations and issue guidance, in coordination with the Secretary, the Attorney General, and the Secretary of Transportation, that are consistent with regulations prescribed and guidance issued by the Secretary, Attorney General, or Secretary of Transportation under subparagraph (A).''; (B) in paragraph (3)-- (i) in subparagraph (A), by striking ``and the Attorney General'' and inserting ``, the Attorney General, and the Marshal of the Supreme Court''; and (ii) in subparagraph (B), by striking ``and the Attorney General'' and inserting ``, the Attorney General, and the Marshal of the Supreme Court''; and (C) by adding at the end the following: ``(4) Marshal of the supreme court training and certification.--The Marshal of the Supreme Court and any personnel of the Marshal of the Supreme Court shall be subject to the same training and certification requirements relating to the detection, identification, monitoring, and tracking of unmanned aircraft as personnel of the Department of Homeland Security.''; (4) in subsection (e)-- (A) in the matter preceding paragraph (1), by striking ``each Secretary, the Attorney General'' and inserting ``the Secretary, the Attorney General, the Secretary of Transportation, the Marshal of the Supreme Court''; (B) in paragraph (3)-- (i) by inserting ``the Marshal of the Supreme Court,'' after ``the Attorney General,''; and (ii) by striking ``determine'' and inserting ``determines''; (C) in paragraph (4)-- (i) in the matter preceding subparagraph (A)-- (I) by inserting a comma after ``Security''; and (II) by inserting ``the Supreme Court Police,'' after ``Justice,''; and (ii) in subparagraph (C), by striking ``and the Department of Justice'' and inserting ``, the Department of Justice, or the Supreme Court Police''; and (D) in paragraph (5), by striking ``and the Department of Justice'' and inserting ``, the Department of Justice, and the Supreme Court Police''; (5) in subsection (g)-- (A) in paragraph (1), by striking ``and the Attorney General'' and inserting ``, the Attorney General, and the Marshal of the Supreme Court''; (B) in paragraph (3)-- (i) by inserting ``the Marshall of the Supreme Court,'' after ``the Attorney General,'' each place the term appears; and (ii) in subparagraph (E), by striking ``or the Department of Homeland Security'' and inserting ``, the Department of Homeland Security, or the Supreme Court Police''; and (C) in paragraph (5), by striking ``and the Attorney General'' and inserting ``, the Attorney General, and the Marshal of the Supreme Court''; (6) in subsection (h)(1), by striking ``or the Attorney General'' and inserting ``, the Attorney General, or the Marshal of the Supreme Court''; and (7) in subsection (j), by adding at the end the following: ``(3) Marshal of the united states supreme court.--The authority of the Marshal of the Supreme Court to carry out actions with respect to subsection (a)(3) shall terminate on September 30, 2031.''.”
“124n) is amended-- (1) in subsection (a), by adding at the end the following: ``(3) Authority of the marshal of the united states supreme court.--Notwithstanding section 46502 of title 49, United States Code, or sections 32, 1030, 1367 and chapters 119 and 206 of title 18, United States Code, notwithstanding the laws of any particular State, local, Tribal, or territorial jurisdiction, and after completing the training required under subsection (d)(4), the Marshal of the Supreme Court may take and may authorize personnel with assigned duties that include the security or protection of the Chief Justice or any Associate Justice of the Supreme Court to take such actions as are described in subsection (b)(1)(A) that are necessary to detect, identify, monitor, or track a credible threat that an unmanned aircraft system or unmanned aircraft poses to the safety or security of the Chief Justice or any Associate Justice of the Supreme Court on the grounds of the Supreme Court, property leased for use by the Supreme Court, or at the residence of the Chief Justice or any Associate Justice.''; (2) in subsection (b)-- (A) in paragraph (2)-- (i) by striking ``The Secretary'' and inserting: ``(A) In general.--The Secretary''; and (ii) by adding at the end the following: ``(B) Marshal of the supreme court.--The Marshal of the Supreme Court shall develop for the Supreme Court Police the actions described in paragraph (1) in coordination with the Secretary of Transportation.''; (B) in paragraph (3), by striking ``and the Attorney General'' and inserting ``, the Attorney General, and the Marshal of the Supreme Court''; and (C) in paragraph (4), by striking ``and the Attorney General'' and inserting ``, the Attorney General, and the Marshal of the Supreme Court''; (3) in subsection (d)-- (A) by amending paragraph (1) to read as follows: ``(1) In general.-- ``(A) Agency guidance.--The Secretary, the Attorney General, and the Secretary of Transportation may prescribe regulations and shall issue guidance in the respective areas of the Secretary, the Attorney General, or the Secretary of Transportation to carry out this section, including guidance relating to actions carried out by any State, local, Tribal, or territorial law enforcement or correctional agency under this section.”
“``(3) Definition of united states person.--In this subsection, the term `United States person' means-- ``(A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or ``(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.''. SEC. 6043. COUNTER-UAS AUTHORITY. Section 210G of the Homeland Security Act of 2002 (6 U.S.C.”
“``(2) Applicability.--Paragraph (1)(C) shall cease to apply with respect to a port, harbor, or marine terminal described in such paragraph if-- ``(A) the President determines that-- ``(i) the ownership, possession, or control of the port, harbor, or marine terminal described in such paragraph has been restored to the United States person described in clause (ii) of such paragraph; and ``(ii) the government of the foreign trade partner described in such clause has terminated any measures that had the effect of nationalizing or expropriating the port, harbor, or marine terminal; ``(B) the President determines that such government has provided adequate and effective compensation for such port, harbor, or marine terminal that is-- ``(i) in convertible foreign exchange or in other compensation mutually acceptable by such United States person and such government; and ``(ii) equivalent to the full value of such port, harbor, or marine terminal, as required by international law; or ``(C) the President determines that the matter has otherwise been resolved to the satisfaction of the President.”
“Section 70022 of title 46, United States Code, is amended-- (1) in subsection (a)(2)(A)-- (A) in clause (i)-- (i) in the matter preceding subclause (I), by striking ``subsection (b)(1)'' and inserting ``subsection (b)(1)(A)''; and (ii) in subclause (II), by striking ``; or'' and inserting a semicolon; (B) in clause (ii)-- (i) by striking ``subsection (b)(2)'' and inserting ``subsection (b)(1)(B)''; and (ii) by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(iii) a vessel described in subsection (b)(1) in the case of-- ``(I) an emergency being experienced by the vessel or an individual on the vessel; or ``(II) such a vessel described in subparagraph (C) of such subsection that is authorized by the United States person described in clause (ii) of such subparagraph to operate or enter the port, harbor, or marine terminal described in such subsection.''; and (2) in subsection (b)-- (A) in paragraph (1), by striking ``; or'' and inserting a semicolon; (B) in paragraph (2), by striking the period at the end and inserting ``; or''; (C) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and adjusting the margins of such subparagraphs accordingly; (D) by striking ``A vessel referred'' and inserting the following: ``(1) In general.--A vessel referred''; and (E) by adding at the end the following: [[Page S3974]] ``(C) subject to paragraph (2), is a vessel that, after fiscal year 2025, has entered or operated in a port, harbor, or marine terminal that-- ``(i) is within the geographic area of 2034'31'' N, 2034'13'' N, 8707'47'' W, 8707'20'' W; ``(ii) the President determines was owned, held, or controlled, directly or indirectly, by a United States person at the time that-- ``(I) such port, harbor, or marine terminal is nationalized or expropriated by an agency or official of a government of a foreign trade partner of the United States; or ``(II) actions were taken that have the effect of nationalization or expropriation of such port, harbor, or marine terminal by such an agency or official; and ``(iii) is not the subject of a currently pending arbitration under a free trade agreement with the United States.”
“(D) Report.--Not later than 1 year after the date on which the Comptroller General initiates the study under subparagraph (A), the Comptroller General shall submit to the appropriate committees of Congress and the Administrator a report describing the results of the study, together with any appropriate recommendations for legislative or administrative action. SEC. 6042. CONDITION FOR ENTRY INTO PORTS IN THE UNITED STATES.”
“(B) Contents.--In conducting the study under subparagraph (A), the Comptroller General shall, at a minimum, evaluate the effectiveness of the program in producing-- (i) students that score at least a well-qualified score on the Air Traffic Skills Assessment (or a successor air traffic entrance exam); (ii) developmental controllers that enter en route and terminal air traffic environments after completing the Enhanced Initiative; and (iii) developmental controllers that become certified professional controllers. (C) Consultation.--In conducting the study under subparagraph (A), the Comptroller General shall consult with the Administrator and appropriate stakeholders involved in overseeing, operating, and administering the Enhanced Initiative.”
“This paragraph shall not be construed to affect the pay, allowances, or benefits of any Federal employee who serves as a member of the aviation rulemaking committee as part of their official duties. (4) Review of enhanced air traffic-collegiate training initiative program.-- (A) In general.--Not later than 5 years after the date of the enactment of this section, the Comptroller General shall initiate a study to examine the effectiveness of the Enhanced Air Traffic-Collegiate Training Initiative program (in this paragraph referred to as the ``Enhanced Initiative'') in-- (i) increasing the education and training capacity of FAA air traffic controllers; and (ii) growing the FAA air traffic controller workforce.”
“(ii) Implementation.--Not later than 180 days after the date of submission of the report under clause (i), the Administrator shall implement the recommendations of the report, as determined appropriate by the Administrator. (iii) Justification.--If the Administrator decides not to implement a recommendation described in the report submitted under clause (i), the Administrator shall submit to the appropriate committees of Congress a justification for such decision not later than 90 days after receiving such report. (E) Prohibition on compensation.--The members of the aviation rulemaking committee convened under this paragraph shall not receive pay, allowances, or benefits from the Federal Government by reason of their service on such committee.”
“(vii) Student success rates correlated with the completion of the Air Traffic-Collegiate Training Initiative program and the Enhanced Air Traffic-Collegiate Training Initiative program described in section 44506(c) of title 49, United States Code. (viii) The appropriate method for ensuring the curriculum and training incorporates new entrants into the national airspace system. (ix) Other considerations as determined appropriate by the Administrator. (D) Duties.-- (i) In general.--Not later than 18 months after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a copy of the aviation rulemaking committee report provided to the Administrator under subparagraph (A)(iii).”
“(C) Considerations.--The aviation rulemaking committee established under subparagraph (A) shall consider the following: (i) The advancements in education technology, including digital resources and augmented reality or virtual reality capabilities, that may be incorporated into a modern curriculum and training. (ii) The appropriate balance between the use of theoretical knowledge and practical application. (iii) A review of instructional techniques to improve the effectiveness of learning outcomes. (iv) The real-world applicability of air traffic operations procedures included in the curriculum and training. (v) Student success rates, including outcomes of air traffic controller trainees when placed at facilities for on- the-job training. (vi) Methods for reducing the subjectivity of instructional techniques.”
“(B) Composition.--The aviation rulemaking committee established under subparagraph (A) shall consist of members appointed by the Administrator, including representatives of-- (i) institutions of higher education that are accredited by the Aviation Accreditation Board International; (ii) aviation industry organizations; (iii) FAA subject matter experts; (iv) military and commercial operators of aircraft, helicopters, and powered-lift aircraft; (v) the exclusive bargaining representative of the air traffic controllers certified under section 7111 of title 5, United States Code; (vi) organizations representing certified collective bargaining representatives of airline pilots; (vii) representatives of accredited institutions of higher education participating in the Air Traffic-Collegiate Training Initiative program and the Enhanced Air Traffic- Collegiate Training Initiative program; (viii) aviation safety experts, including those from outside the FAA; and (ix) any other stakeholder determined appropriate by the Administrator.”
“(3) FAA air traffic control training aviation rulemaking committee.-- (A) In general.--The Administrator shall convene an aviation rulemaking committee to-- (i) review the curricula of the air traffic technical training academy of the FAA, including its use in the Air Traffic-Collegiate Training Initiative program and the Enhanced Air Traffic-Collegiate Training Initiative program; (ii) review the on-the-job training, development, evaluation, and certification of certified professional controllers; (iii) develop findings and recommendations regarding the improvement and modernization of such curricula and training; and (iv) provide to the Administrator a report on such findings and recommendations and for other related purposes as determined by the Administrator.”
“(2) Enhanced air traffic-collegiate training initiative program faculty annuity supplement.--Section 8421a(c) of title 5, United States Code, is amended-- (A) in paragraph (1), by striking ``; or'' and inserting a semicolon; (B) in paragraph (2), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following new paragraph: ``(3) air traffic control instructor, or supervisor thereof, at an institution of higher education participating in the Enhanced Air Traffic-Collegiate Training Initiative program described in section 44506(c) of title 49.''.”
“``(3) Appointment of program graduates.--The Administrator may appoint an individual who has successfully completed a course of training in a program described in paragraph (1) to the position of air traffic controller noncompetitively in the excepted service (as defined in section 2103 of title 5).''.”
“``(B) Selection criteria.--Prior to selecting an accredited institution of higher education for participation in the Enhanced Initiative, the Administrator shall-- ``(i) consider the air traffic curriculum of the institution, including the institution's access to air traffic educational resources and Federal Aviation Administration air traffic facilities and equipment; ``(ii) certify that each accredited institution of higher education seeking to participate in the Enhanced Initiative has a qualified air traffic curriculum that provides, at a minimum, an equivalent level of education and training for air traffic controller trainees to that provided at the Federal Aviation Administration Academy; and ``(iii) certify that all evaluations of students at accredited institutions of higher education seeking to participate in the Enhanced Initiative shall be conducted by evaluators that are approved and certified by the Federal Aviation Administration.”
“``(2) Special rules for the enhanced initiative.-- ``(A) Requirements.--In maintaining the Enhanced Initiative under paragraph (1), the Administrator shall, at a minimum-- ``(i) select and coordinate with accredited institutions of higher education (as defined in section 61.1 of title 14, Code of Federal Regulations), as determined by the Administrator, that administer an accredited air [[Page S3973]] traffic curriculum to undergraduate students, to prepare students for the position of air traffic controller with the Department of Transportation (as defined in section 2109 of title 5); ``(ii) establish standards for the entry and participation of accredited institutions of higher education into the program; and ``(iii) solicit applications from, and provide guidance to, interested accredited institutions of higher education that administer an accredited air traffic curriculum to undergraduate students, including accredited institutions that participate in the Air Traffic-Collegiate Training Initiative, to foster participation of qualified accredited institutions in the Enhanced Initiative.”
“(b) Air Traffic-Collegiate Training Initiative Program Improvements.-- (1) In general.--Section 44506(c) of title 49, United States Code, is amended to read as follows: ``(c) Air Traffic-Collegiate Training Initiative and Enhanced Air Traffic-Collegiate Training Initiative.-- ``(1) In general.--The Administrator of the Federal Aviation Administration shall maintain the Air Traffic- Collegiate Training Initiative program and the Enhanced Air Traffic-Collegiate Training Initiative program (in this section referred to as the `Enhanced Initiative') to support the recruitment, education, and hiring of well-qualified developmental air traffic controllers.”
“(a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Aviation Administration. (2) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (3) Comptroller general.--The term ``Comptroller General'' means the Comptroller General of the United States. (4) FAA.--The term ``FAA'' means the Federal Aviation Administration.”
“(10) The terms ``export'', ``in-country transfer'', ``reexport'', and ``Export Administration Regulations'' have the meanings given such terms in section 1742 of the Export Control Reform Act of 2018 (50 U.S.C. 4801). (11) The term ``in sufficient volumes'' means in volumes sufficient to meet 75 percent of current demand from all countries of concern. (12) The term ``servicing'' means any servicing of equipment or components, whether in-person or remote, including installation, calibration, repair, overhauling, refurbishing, testing, diagnosing, updating software or firmware, training, field services, application support engineering, customization, technical assistance, process adjustments, troubleshooting, and transfer of industry best practices for maintenance. SEC. 6041. AIR TRAFFIC-COLLEGIATE TRAINING INITIATIVE PROGRAM IMPROVEMENTS.”
“(9) The term ``covered semiconductor manufacturing equipment''-- (A) means semiconductor manufacturing equipment or a component therefor that-- (i) is an applicable item; and (ii) the Under Secretary of Commerce for Industry and Security and the Secretary of State jointly determine that no country of concern produces in sufficient volumes and with capabilities comparable to those of the product sold by the global market leader, as of the date of the enactment of this Act; and (B) includes, at a minimum-- (i) all deep ultraviolet immersion photolithography machines, through silicon via deposition and etch tools, cryogenic etch equipment, and cobalt deposition equipment; and (ii) all semiconductor manufacturing equipment or components specified in Export Control Classification Number 3B001 or 3B002, or equipment meeting the parameters of Export Control Classification Number 3B993.f.1 (excluding the parameters described in 3B993.F.1.b2), as in effect on January 1, 2026, except any item the Under Secretary of Commerce for Industry and Security and the Secretary of State jointly determine does not meet the requirements of subparagraph (A).”
“(8) The term ``covered facility'' means-- (A) a facility engaged in the production of advanced-node integrated circuits which is owned or operated by an entity headquartered in, or whose ultimate parent company is headquartered in, a country of concern; or (B) any facility owned or operated by, or in common ownership or control with-- (i) Semiconductor Manufacturing International Corporation; (ii) Hua Hong Semiconductor Limited; (iii) Huawei Technologies Company; (iv) ChangXin Memory Technologies; (v) Yangtze Memory Technologies Corporation; (vi) any producer, manufacturer, or developer of semiconductor manufacturing equipment that is headquartered in, or the ultimate parent company of which is headquartered in, a country of concern; or (vii) any entity that is a subsidiary or affiliate of or a successor to any entity described in clauses (i) through (vi).”
“(6) The term ``country of concern'' has the meaning given the term ``covered nation'' in section 4872(f) of title 10, United States Code. (7) The term ``countrywide controls'' means, with respect to semiconductor manufacturing equipment, a licensing requirements, with a policy of presumption of denial, for the export, reexport, or in-country transfer of the item to or in a country of concern, and a licensing requirement, with a policy of presumption of denial, for the servicing of the item located in a country of concern, excluding exports, reexports, in-country transfers or servicing where the destination is a fabrication facility that existed as of the date of the enactment of this Act and remains owned and operated by a company headquartered, and the ultimate parent company of which is headquartered, outside of any country of concern.”
“(4) The term ``appropriate congressional committees'' means-- (A) the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate; and (B) the Committee on Foreign Affairs of the House of Representatives. (5) The term ``capabilities comparable to those of the product sold by the global market leader'' means, considering cost, throughput, reliability, precision, and any other relevant factors, advanced-node integrated circuit makers headquartered outside of countries of concern, when selecting a tool for use in high-volume manufacturing, would be indifferent about using, or would prefer to use, the tool produced by the country of concern, rather than a tool sold by the company with the greatest share of the global market for tools used to accomplish the same function.”
“(3) The term ``applicable item'' means any item that is or can be made subject to the Export Administration Regulations, including-- (A) a United States-origin item; (B) a foreign-produced item that is the direct product of, or produced by plants or major components that are the direct product of, United States-origin software or technology subject to the Export Administration Regulations; (C) a foreign-produced item with more than zero percent de minimis United States-origin content; and (D) a foreign-produced item that contains United States- origin or foreign-produced integrated circuits that are presumptively designed or produced, directly or indirectly, with technology, software, or equipment that is subject to the Export Administration Regulations.”
“4801 et seq.). (i) Definitions.--In this section: (1) The term ``advanced-node integrated circuits'' has the meaning given that term in section 772.1 of the Export Administration Regulations as in effect on January 1, 2026. (2) The term ``allied supplier country'' means any country that-- (A) is not a country of concern; and (B) is engaged in the production of covered semiconductor manufacturing equipment.”
“(2) Reimposition.--If, after terminating or modifying a control under paragraph (1), the Under Secretary of Commerce for Industry and Security determines that the allied supplier country has materially weakened, suspended, or revoked the control that justified the termination or modification under paragraph (1), the Under Secretary shall, not later than 60 days after making such determination-- (A) notify the appropriate congressional committees of such determination; and (B) reimpose the control under subsection (c)(2) that was terminated or modified under paragraph (1). (h) Administrative Procedures.--The provisions of section 1762 of the Export Control Reform Act of 2018 (50 U.S.C. 4821) shall apply to this section in the same manner and to the same extent as such provisions apply to the Export Control Reform Act of 2018 (50 U.S.C.”
“(g) Termination and Reimposition of Controls Upon Allied Action.-- (1) Termination or modification.--The Under Secretary of Commerce for Industry and Security may terminate or modify any regulation issued under subsection (c)(2), if the country has established controls, including licensing policies, that have the same practical effect as the regulation to be terminated or modified.”
“(f) Compliance Assistance With Extension of Controls.-- Simultaneously with the issuing regulations under subsection (c)(2), the Under Secretary of Commerce for Industry and Security may provide to the principal executive officers of any company that produces covered semiconductor manufacturing equipment in the allied supplier country targeted in such regulations a letter describing the regulations and the legal obligations imposed by the regulations, including any penalty that may be imposed under section 1760 of the Export Control Reform Act of 2018 ( 50 U.S.C. 4819) for a violation of such regulations.”
“(2) Form.--Each report submitted under paragraph (1) shall be submitted in unclassified form but may include a classified annex. (e) Nonpublication of Confidential Certifications and Reports.-- (1) In general.--The Under Secretary of Commerce for Industry and Security and the Secretary of State, as applicable, may elect to submit to the appropriate congressional committees any certification and report described in subsection (a), (c), or (d) in a confidential manner. (2) Committee safeguards.--The appropriate congressional committees shall take such steps as may be necessary to ensure that any certification or report submitted in a confidential manner is not made publicly available.”
“(d) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Under Secretary of Commerce for Industry and Security and the Secretary of State shall jointly submit to the appropriate congressional committees a report that includes-- (A) the scope of the export controls imposed by the United States and allied supplier countries on any covered semiconductor manufacturing equipment identified in the most recent list submitted under subsection (a); (B) a summary of diplomatic engagements and unilateral actions undertaken by the Secretaries in the one-year period prior to the submission of the report to close any gap in countrywide controls imposed by allied supplier countries for covered semiconductor manufacturing equipment; and (C) a certification that the export, reexport, or in- country transfer of any covered semiconductor manufacturing equipment to [[Page S3972]] a country of concern, the export of any applicable items to any covered facility, and the servicing of any such item located in a country of concern is prohibited or requires a license issued by the United States or an allied supplier country, subject to a presumption of denial.”
“(3) National security waiver.--The Under Secretary of Commerce for Industry and Security and the Secretary of State may jointly grant a one-time waiver to extend the 150-day deadline for the issuing of controls pursuant to paragraph (1) or paragraph (2) by not more than 90 days, if the Under Secretary of Commerce for Industry and Security and the Secretary of State jointly-- (A) submit a report to the appropriate congressional committees describing-- (i) the justification for why the deadline could not be met; and (ii) the interim steps taken to prevent stockpiling; and (B) determine and certify to the appropriate congressional committees that-- (i) the extension is in the national security interest of the United States; and (ii) if applicable, the government of the allied supplier country is taking concrete, verifiable steps, pursuant to their domestic laws and regulations and as expeditiously as possible, to adopt controls that have the same practical effect as, or are more stringent than, the controls that would otherwise be imposed under paragraph (2).”
“(B) Deferral for anticipated alignment.--If, on or before the deadline described in subparagraph (A), the Under Secretary of Commerce for Industry and Security and the Secretary of State jointly submit to the appropriate congressional committees a report certifying that the allied supplier country subject to subparagraph (A) has committed to adopt, or is otherwise expected to adopt, controls that have the same practical effect as those described in subsection (b)(1), the Under Secretary of Commerce for Industry and Security may issue a one-time deferral of the effective date of the regulations described in subsection (A) for a period of not longer than 30 days from the date described in subparagraph (A).”
“(2) Extension of controls to allied supplier countries.-- (A) In general.--Except as provided in subparagraph (B), for any allied supplier country for which a certification is submitted under subsection (b)(3)(B), the Under Secretary of Commerce for Industry and Security shall issue regulations, not later than the date of the submission of such certification, that-- (i) establish United States jurisdiction over covered semiconductor manufacturing equipment and applicable items exported, reexported, or in-country transferred from, or produced in, such country; and (ii) apply-- (I) countrywide controls to all covered semiconductor manufacturing equipment produced in such country; (II) a license requirement, subject to a presumption of denial, for the servicing of any applicable item located in a covered facility; and (III) end-user and end-use controls prohibiting the export, reexport, or in-country transfer of an applicable item to any covered facility.”
“(c) Controls on United States Equipment and Extension of Controls.-- (1) Application of controls on united states equipment.-- Not later than 150 days after the date of the enactment of this Act, and annually thereafter, the Under Secretary of Commerce for Industry and Security shall issue regulations that-- (A) update United States countrywide controls to covered semiconductor manufacturing equipment produced in the United States; and (B) update comprehensive United States end-user or end-use restrictions to all covered facilities located in a country of concern.”
“(3) Certification on allied supplier countries.--Except as provided in subsection (c)(3), for each allied supplier country, the Under Secretary of Commerce for Industry and Security and the Secretary of State shall jointly certify, not later than 150 days after the date of the enactment of this Act, to the appropriate congressional committees that either-- (A) the country has implemented the controls described in subparagraphs (A) and (B) of paragraph (1); or (B)(i) the country has not adopted the controls described in subparagraph (A) or (B) of paragraph (1); (ii) the Under Secretary of Commerce for Industry and Security and the Secretary of State have prioritized and exhausted available diplomatic channels; and (iii) continued delay would materially undermine the national security of the United States.”
“(2) Briefing on diplomatic efforts.--Not later than 90 days after the date of the enactment of this Act, the Under Secretary of Commerce for Industry and Security and the Secretary of State shall jointly provide to members of the appropriate congressional committees a briefing to describe the status of diplomatic efforts to align the controls on covered semiconductor manufacturing equipment imposed by allied supplier countries with the controls imposed by the United States.”
“(b) Diplomatic Engagement.-- (1) In general.--The Under Secretary of Commerce for Industry and Security and the Secretary of State should continue to prioritize and encourage the governments of allied supplier countries to adopt-- (A) countrywide controls, or other policies that have the same practical effect as countrywide controls, on covered semiconductor manufacturing equipment that are subject to the jurisdiction of such allied supplier country; and (B) license requirements, with a policy of presumption of denial, for the export, reexport, or in-country transfer of all applicable items to any covered facility and for the servicing of all applicable items at any covered facility.”