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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“4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle A of title XV, add the following: SEC. 1510A. REPORT ON SAFE ORBITAL TRAJECTORY OPTIONS FROM INLAND AND NONTRADITIONAL LAUNCH SITES.”
“(b) Elements.--The report required by subsection (a) shall include the following: (1) Civilian attrition and relocation-acceptance rates, by directorate. (2) Billet fill rates at both Peterson Space Force Base and Redstone Arsenal. (3) Retention and relocation incentive costs. (4) Military construction cost growth against the original estimate. (5) Any change in mission performance metrics. ______ SA 6680. Mr. HICKENLOOPER (for himself, Mr. Cruz, and Mr. Lujan) submitted an amendment intended to be proposed by him to the bill S.”
“4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle A of title XV, add the following: SEC. 1510A. REPORT ON TRANSITION OF UNITED STATES SPACE COMMAND TO REDSTONE ARSENAL. (a) In General.--Not later than 180 days after the date of the enactment of this Act, [[Page S3953]] the Secretary of Defense shall submit to the congressional defense committees a report on the transition of the United States Space Command to Redstone Arsenal.”
“(b) Consultation.--In facilitating the development of standard practices under subsection (a), the Secretary, through the Office of Space Commerce, in consultation with the National Institute of Standards and Technology, shall engage in frequent and routine consultation with representatives of the commercial space industry, academia, and nonprofit organizations. (c) Promotion of Standard Practices.--On completion of such standard practices, the Secretary, the Secretary of State, the Secretary of Transportation, the Administrator, and the Secretary of Defense shall promote the adoption and use of the standard practices for domestic and international space missions. ______ SA 6679. Mr. HICKENLOOPER (for himself and Mr. Bennet) submitted an amendment intended to be proposed by him to the bill S.”
“(f) Periodic Review.--Not less frequently than every 5 years, the Orbital Debris Mitigation Standard Practices referred to in subsection (a) shall be assessed and, if necessary, updated, used, and promulgated in a manner consistent with this section. SEC. 1707. STANDARD PRACTICES FOR SPACE TRAFFIC COORDINATION. (a) In General.--The Secretary, in coordination with the Secretary of Defense and members of the National Space Council and the Federal Communications Commission, shall facilitate the development of standard practices for on-orbit space traffic coordination based on existing guidelines and best practices used by Government and commercial space industry operators.”
“(d) Regulations.--To promote uniformity and avoid duplication in the regulation of space activity, including licensing by the Federal Aviation Administration, the National Oceanic and Atmospheric Administration, and the Federal Communications Commission, such update, after publication, shall be used to inform the further development and promulgation of Federal regulations relating to orbital debris. (e) International Promotion.--To encourage effective and nondiscriminatory standards, best practices, rules, and regulations implemented by other countries, such update shall inform bilateral and multilateral discussions focused on the authorization and continuing supervision of nongovernmental space activities.”
“(b) Consultation.--In developing the update under subsection (a), the National Space Council, or a designee of the National Space Council, shall seek advice and input on commercial standards and best practices from representatives of the commercial space industry, academia, and nonprofit organizations, including through workshops and, as appropriate, advance public notice and comment processes under chapter 5 of title 5, United States Code. (c) Publication.--Not later than 1 year after the date of the enactment of this Act, such update shall be published in the Federal Register and posted to the relevant Federal Government internet websites.”
“(a) In General.--Not later than 90 days after the date of the enactment of this Act, the National Space Council, in coordination with the Secretary, the Administrator of the Federal Aviation Administration, the Secretary of Defense, the Secretary of State, the Federal Communications Commission, and the Administrator, shall initiate an update to the Orbital Debris Mitigation Standard Practices that-- (1) considers planned space systems, including satellite constellations; and (2) addresses-- (A) collision risk; (B) explosion risk; (C) casualty probability; (D) post-mission disposal of space systems; (E) time to disposal or de-orbit; (F) spacecraft collision avoidance and automated identification capability; and (G) the ability to track orbital debris of decreasing size.”
“(b) Economic Analysis.--Based on the results of the demonstration project, the Secretary, acting through the Office of Space Commerce, shall publish an assessment of the estimated Federal Government and private sector demand for orbital debris remediation services for the 10-year period beginning in 2026. SEC. 1706. UNIFORM ORBITAL DEBRIS STANDARD PRACTICES FOR UNITED STATES SPACE ACTIVITIES.”
“(a) In General.--To foster the competitive development, operation, improvement, and commercial availability of active debris remediation services, and in consideration of the economic analysis required by subsection (b) and the briefing and reports under section 1704(b)(6), the Administrator and the head of each relevant Federal department or agency may acquire services for the remediation of orbital debris, whenever practicable, through fair and open competition for contracts that are well-defined, milestone-based, and in accordance with the Federal Acquisition Regulation.”
“(d) Rule of Construction.--Nothing in this section may be construed to grant the Administrator the authority to issue any regulation relating to activities under subsection (b) or related space activities under title 51, United States Code. SEC. 1705. ACTIVE DEBRIS REMEDIATION SERVICES.”
“(ii) Availability.--The Administration shall make the report submitted under clause (i) available to the Secretary, the Secretary of Defense, and other relevant Federal departments and agencies, as determined by the Administrator. (7) Sense of congress on international cooperation.--It is the sense of Congress that, in carrying out the demonstration project, it is critical that the Administrator, in coordination with the Secretary of State and in consultation with the National Space Council, cooperate with one or more partner countries to enable the remediation of orbital debris that is under their respective jurisdictions. (c) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator to carry out this section $150,000,000 for the period of fiscal years 2026 through 2030.”
“(D) Technical analysis.-- (i) In general.--To inform decisions regarding the acquisition of active debris remediation services by the Federal Government, not later than 1 year after the date on which an award is made under paragraph (1), the Administrator shall submit to Congress a report that-- (I) summarizes the cost-effectiveness, and provides a technical analysis of, technologies developed under the demonstration project; (II) identifies any technology gaps addressed by the demonstration project and any remaining technology gaps; and (III) provides, as applicable, any further legislative, regulatory, and policy recommendations to enable active debris remediation missions.”
“(C) Recommendations.--Not later than 1 year after the date on which the first demonstration mission is carried out under this subsection, the Administrator, in consultation with the head of each relevant Federal department or agency, shall submit to Congress a report that provides legislative, regulatory, and policy recommendations to improve active debris remediation missions, as applicable.”
“(B) Annual report.--Not later than 1 year after the initial briefing under subparagraph (A), and annually thereafter until the conclusion of the 1 or more demonstration missions, the Administrator shall submit to the appropriate committees of Congress a status report on-- (i) the technology developed under the demonstration project; (ii) progress toward the accomplishment of the 1 or more demonstration missions; and (iii) any duplicative efforts carried out or supported by the National Aeronautics and Space Administration or the Department of Defense.”
“(C) Consultation.--The Administrator shall consult with the head of each relevant Federal department or agency before carrying out any demonstration mission under this paragraph. (D) Active debris remediation demonstration mission.--It is the sense of Congress that the Administrator should consider maximizing competition for, and use best practices to engage commercial entities in, an active debris remediation demonstration mission. (6) Briefing and reports.-- (A) Initial briefing.--Not later than 30 days after the establishment of the demonstration project under paragraph (1), the Administrator shall provide to the appropriate committees of Congress a briefing on the details of the demonstration project.”
“(B) Evaluation.--In evaluating proposals for the demonstration project, the Administrator shall-- (i) consider the safety, feasibility, cost, benefit, and maturity of the proposed technology; (ii) consider the potential for the proposed demonstration to successfully remediate orbital debris and to advance the commercial state of the art with respect to active debris remediation; (iii) carry out a risk analysis of the proposed technology that takes into consideration the potential casualty risk to humans in space or on the Earth's surface; (iv) in an appropriate setting, conduct thorough testing and evaluation of the proposed technology and each component of such technology or system of technologies; and (v) consider the technical and financial feasibility of using the proposed technology to conduct multiple remediation missions.”
“(5) Demonstration mission phase.-- (A) In general.--The Administrator shall evaluate proposals for a demonstration mission, and select and enter into a partnership with an eligible entity, subject to the availability of appropriations, with the intent to demonstrate technologies determined by the Administrator to meet a level of technology readiness sufficient to carry out on-orbit remediation of select orbital debris.”
“(4) Research and development phase.--With respect to orbital debris identified under paragraph (1) of subsection (a), the Administrator shall, to the extent practicable and subject to the availability of appropriations, carry out the additional research and development activities necessary to mature technologies, in partnership with eligible entities, with the intent to close commercial capability gaps and enable potential future remediation missions for such orbital debris, [[Page S3952]] with a preference for technologies that are capable of remediating orbital debris that have a broad range of characteristics described in paragraph (2)(B)(i) of that subsection.”
“(3) Procedures and criteria.--In establishing the demonstration project, the Administrator shall-- (A) establish-- (i) eligibility criteria for participation; (ii) a process for soliciting proposals from eligible entities; (iii) criteria for the contents of such proposals; (iv) project compliance and evaluation metrics; and (v) project phases and milestones; (B) identify government-furnished data or equipment; (C) develop a plan for National Aeronautics and Space Administration participation, as appropriate, in technology development and intellectual property rights that-- (i) leverages National Aeronautics and Space Administration Centers that have demonstrated expertise and historical knowledge in measuring, modeling, characterizing, and describing the current and future orbital debris environment; and (ii) develops the technical consensus for adopting mitigation measures for such participation; and (D)(i) assign a project manager to oversee the demonstration project and carry out project activities under this subsection; and (ii) in assigning such project manager, leverage National Aeronautics and Space Administration Centers and the personnel of National Aeronautics and Space Administration Centers, as practicable.”
“(b) Active Orbital Debris Remediation Demonstration Project.-- (1) Establishment.--Not later than 180 days after the date of the enactment of this Act, subject to the availability of appropriations, the Administrator, in consultation with the head of each relevant Federal department or agency, shall establish a demonstration project to make competitive awards for the research, development, and demonstration of technologies leading to the remediation of selected orbital debris identified under subsection (a)(1). (2) Purpose.--The purpose of the demonstration project shall be to enable eligible entities to pursue the phased development and demonstration of technologies and processes required for active debris remediation.”
“(4) Acquisition, access, use, and handling of data or information.--In carrying out the activities under this subsection, the Secretary-- (A) shall acquire, access, use, and handle data or information in a manner consistent with applicable provisions of law and policy, including laws and policies providing for the protection of privacy and civil liberties, and subject to any restrictions required by the source of the information; (B) shall have access, upon written request, to all information, data, or reports of any executive agency that the Secretary determines necessary to carry out the activities under this subsection, provided that such access is-- (i) conducted in a manner consistent with applicable provisions of law and policy of the originating agency, including laws and policies providing for the protection of privacy and civil liberties; and (ii) consistent with due regard for the protection from unauthorized disclosure of classified information relating to sensitive intelligence sources and methods or other exceptionally sensitive matters; and (C) may obtain commercially available information that may not be publicly available.”
“(3) Public availability; periodic updates.-- (A) In general.--Subject to subparagraph (B), the list required under paragraph (1) shall be published in unclassified form on a publicly accessible internet website of the Department of Commerce. (B) Exclusion.--The Secretary may not include on the list published under subparagraph (A) data acquired from nonpublic sources. (C) Periodic updates.--Such list shall be updated periodically.”
“(2) Contents.--The list required under paragraph (1)-- (A) shall be developed using appropriate sources of data and information derived from governmental and nongovernmental sources, including space situational awareness data obtained by the Office of Space Commerce, to the extent practicable; (B) shall include, to the extent practicable-- (i) a description of the approximate age, location in orbit, size, mass, tumbling state, post-mission passivation actions taken, and national jurisdiction of each orbital debris identified; and (ii) data required to inform decisions regarding potential risk and feasibility of safe remediation; (C) may include orbital debris that poses a significant risk to terrestrial people and assets, including risk resulting from potential environmental impacts from the uncontrolled reentry of the orbital debris identified; and (D) may include collections of small debris that, as of the date of the enactment of this Act, are untracked.”
“(a) Prioritization of Orbital Debris.-- (1) List.--Not later than 90 days after the date of the enactment of this Act, the Secretary, in consultation with the Administrator, the Secretary of Defense, the Secretary of State, the National Space Council, and representatives of the commercial space industry, academia, and nonprofit organizations, shall publish a list of select identified orbital debris that may be remediated to improve the safety and sustainability of orbiting satellites and on-orbit activities.”
“(7) Project.--The term ``project'' means a specific investment with defined requirements, a life-cycle cost, a period of duration with a beginning and an end, and a management structure that may interface with other projects, agencies, and international partners to yield new or revised technologies addressing strategic goals. (8) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (9) Space traffic coordination.--The term ``space traffic coordination'' means the planning, coordination, and on-orbit synchronization of activities to enhance the safety and sustainability of operations in the space environment. SEC. 1704. ACTIVE DEBRIS REMEDIATION.”
“(5) Eligible entity.--The term ``eligible entity'' means-- (A) a United States-based-- (i) non-Federal, commercial entity; (ii) institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))); or (iii) nonprofit organization; (B) any other United States-based entity the Administrator considers appropriate; and (C) a partnership of entities described in subparagraphs (A) and (B). (6) Orbital debris.--The term ``orbital debris'' means any human-made space object orbiting Earth that-- (A) no longer serves an intended purpose; and (B)(i) has reached the end of its mission; or (ii) is incapable of safe maneuver or operation.”
“(3) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Appropriations, the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, and the Committee on Armed Services of the Senate; and (B) the Committee on Appropriations, the Committee on Science, Space, and Technology, the Committee on Foreign Affairs, and the Committee on Armed Services of the House of Representatives. (4) Demonstration project.--The term ``demonstration project'' means the active orbital debris remediation demonstration project carried out under section 1704(b).”
“SEC. 1703. DEFINITIONS. In this title: (1) Active debris remediation.--The term ``active debris remediation''-- (A) means the deliberate process of facilitating the de- orbit, repurposing, or other disposal of orbital debris, which may include moving orbital debris to a safe position, using an object or technique that is external or internal to the orbital debris; and (B) does not include de-orbit, repurposing, or other disposal of orbital debris by passive means. (2) Administrator.--The term ``Administrator'' means the Administrator of the National Aeronautics and Space Administration.”
“(b) Sense of Congress.--It is the sense of Congress that to preserve the sustainability of operations in space, the United States Government should-- (1) to the extent practicable, develop and carry out programs, establish or update regulations, and commence initiatives to minimize orbital debris, including initiatives to demonstrate active debris remediation of orbital debris generated by the United States Government or other entities under the jurisdiction of the United States; (2) lead international efforts to encourage other spacefaring countries to mitigate and remediate orbital debris under their jurisdiction and control; and (3) encourage space system operators to continue implementing best practices for space safety when deploying satellites and constellations of satellites, such as transparent data sharing and designing for system reliability, so as to limit the generation of future orbital debris.”
“(2) Exploration and scientific research missions and commercial space services of critical importance to the United States rely on continued and secure access to outer space. (3) Efforts by nongovernmental space entities to apply lessons learned through standards and best practices will benefit from government support for implementation both domestically and internationally.”
“4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of division A, add the following: [[Page S3951]] TITLE XVII--ORBITAL SUSTAINABILITY ACT OF 2026 SEC. 1701. SHORT TITLE. This title may be cited as the ``Orbital Sustainability Act of 2026'' or the ``ORBITS Act of 2026''. SEC. 1702. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress makes the following findings: (1) The safety and sustainability of operations in low- Earth orbit and nearby orbits in outer space have become increasingly endangered by a growing amount of orbital debris.”
“(b) Report.--Not later than 90 days after the date of the enactment of this Act, the President shall submit to the Committee on Foreign Relations and the Committee on Armed Services of the Senate and the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives a report identifying all transfers made pursuant to section 12001(a)(1) of the Department of Defense Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1011) prior to the date of the enactment of this Act, including the date of each transfer, a description of the defense articles transferred, and the payment amount or concessions received in exchange for each transfer. ______ SA 6678. Mr. HICKENLOOPER (for himself and Ms. Lummis) submitted an amendment intended to be proposed by him to the bill S.”
“4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. __. EXTENSION OF WAR RESERVES STOCKPILE AUTHORITY. (a) In General.--Section 12001(d) of the Department of Defense Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1011) is amended by striking ``after January 1, 2027'' and inserting ``after January 1, 2028''.”
“``(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.''. ______ SA 6677. Mr. SULLIVAN (for himself and Ms. Rosen) submitted an amendment intended to be proposed by him to the bill S.”
“``(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: ``(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.”
“Kaine) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. __. CONDITION FOR ENTRY INTO PORTS IN THE UNITED STATES.”
“``Not later than 180 days after the date of the enactment of this part, and annually thereafter, the head of the Office of Information and Communications Technology and Services shall submit to the appropriate congressional committees a report on actions taken to carry out this part during the one-year period preceding submission of the report. ``SEC. 1785H. TERMINATION. ``The requirements of and authorities provided by this part terminate on the date that is 5 years after the date of the enactment of this part.''. (b) Conforming Amendment.--Section 1742(13)(A) of the Export Control Reform Act of 2018 (50 U.S.C. 4801(13)(A)) is amended, in the matter preceding clause (i), by striking ``part I'' and inserting ``parts I and IV''. ______ SA 6676. Mr. HAGERTY (for himself and Mr.”
“``In carrying out the requirements of this part, the Secretary may take any other actions that the Secretary determines to be necessary or appropriate, including prescribing new regulations, amending regulations, publishing any notices in the Federal Register (including with respect to mitigation measures and prohibitions imposed under section 1785A), issuing guidance, establishing procedures, revoking or amending authorizations, and terminating or amending any determination. ``SEC. 1785G. ANNUAL REPORTS.”
“1701 note; relating to securing the information and communications technology and services supply chain) or Executive Order 14034 (50 U.S.C. 1701 note; relating to protecting Americans' sensitive data from foreign adversaries). ``(2) Continuation in effect.--Any regulation the Secretary prescribed under Executive Order 13873 (50 U.S.C. 1701 note; relating to securing the information and communications technology and services supply chain) or Executive Order 14034 (50 U.S.C. 1701 note; relating to protecting Americans' sensitive data from foreign adversaries) before the date of the enactment of this part shall continue in effect on and after such date of enactment. ``SEC. 1785F. AUTHORIZATION OF OTHER ACTIONS.”
“``(2) Coordination of reviews.--The Secretary shall terminate the review of a covered ICTS transaction under this part if-- ``(A) the transaction involves the acquisition of ICTS items by a United States person as a party to a transaction authorized under the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.); or ``(B) the Committee on Foreign Investment in the United States is conducting a review or investigation of the transaction under section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565). ``(e) Executive Orders 13873 and 14034.-- ``(1) Rule of construction.--Nothing in this part may be construed as altering any of the authority of the Secretary under Executive Order 13873 (50 U.S.C.”
“[[Page S3950]] ``(b) Administrative Procedure Exceptions.--Except with respect to a civil penalty imposed pursuant to section 1785D(c), any function exercised under this part is not subject to sections 551, 553 through 559, and 701 through 706 of title 5, United States Code. ``(c) Paperwork Reduction Act Exception.--The requirements of chapter 35 of title 44, United States Code (commonly referred to as the `Paperwork Reduction Act'), shall not apply to any action to implement this part. ``(d) Defense Production Act of 1950.-- ``(1) Rule of construction.--Nothing in this part shall prevent or preclude the President or the Committee on Foreign Investment in the United States from exercising any authority under section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565) that would be available in the absence of this part.”
“``(3) Standards for levels of civil penalty.--The Secretary may by regulation provide standards for establishing levels of civil penalty under paragraph (1) based upon factors that include-- ``(A) the seriousness of the violation to the national security of the United States; ``(B) the intent or actions of the violator, including any pattern of reckless behavior; and ``(C) any mitigating factors, such as a record of cooperation of the violator with the Federal Government in disclosing the violation. ``SEC. 1785E. RELATIONSHIP TO OTHER LAWS. ``(a) Rule of Construction Relating to Other Law.--Nothing in this part shall be construed to alter or affect any other authority, process, regulation, investigation, enforcement measure, or review provided by or established under any other provision of Federal law.”
“``(c) Civil Penalties.-- ``(1) In general.--The Secretary may impose the following civil penalties on a person for each violation by that person of this part or any regulation, order, or license issued under this part: ``(A) A fine that is the greater of $1,500,000 or an amount that is 5 times the value of the transaction that is the basis of the violation with respect to which the penalty is imposed. ``(B) Revocation of any mitigation measure or authorization issued under this part to the person. ``(C) A prohibition or other restriction on the ability of the person to engage in any covered ICTS transaction. ``(2) Inflation.--The fine under paragraph (1)(A) is subject to adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990 (Public Law 101-410; 28 U.S.C. 2461 note).”
“``(d) Statute of Limitations.--A challenge to any final action or determination under this part may only be brought not later than one year after the date of such an action or determination. ``SEC. 1785D. PENALTIES. ``(a) Unlawful Acts.--It shall be unlawful for a person to violate, attempt to violate, conspire to violate, or cause a violation of any regulation, order, direction, prohibition, or other authorization or directive issued under this part. ``(b) Criminal Penalties.--A person who willfully commits, willfully attempts to commit, or willfully conspires to commit, or aids and abets in the commission of an unlawful act described in subsection (a)-- ``(1) shall be fined not more than $1,000,000; and ``(2) in the case of the individual, shall be imprisoned for not more than 20 years, or both.”
“In no event shall such information be released to the claimant or petitioner or as part of the public record, or shall the petitioner be permitted to review information submitted to the court ex parte and in camera. ``(b) Exclusive Remedy.--A determination by the court under this section shall be the exclusive judicial remedy for any claim or petition for review challenging this part or any final action or determination under this part against the United States, any agency, or any component or official of any such agency. ``(c) Rule of Construction.--Nothing in this section may be construed as limiting, superseding, or preventing the invocation of any privileges or defenses that are otherwise available at law or in equity to protect against the disclosure of information.”
“``(a) In Camera and Ex Parte Review.-- ``(1) In general.--The following information may be included in the administrative record and shall be submitted only to the court ex parte and in camera: ``(A) Sensitive security information, as defined in section 1520.5 of title 49, Code of Federal Regulations. ``(B) Records or information compiled for law enforcement purposes, as described in section 552(b)(7) of title 5, United States Code. ``(C) Classified information, as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.). ``(2) Treatment of information filed in camera and ex parte.--Any information that is part of the administrative record filed ex parte and in camera under paragraph (1), or cited by the court in any decision, shall be treated by the court consistent with the provisions of this section.”
“``SEC. 1785B. ADMINISTRATION. ``(a) In General.--The head of the Office of Information and Communications Technology and Services established under section 1784 (in this section referred to as the `head of the Office') shall administer this part. ``(b) Mitigation and Approval of Covered ICTS Transactions.--The head of the Office, in consultation with the heads of the relevant Federal agencies, may-- ``(1) design, negotiate, and impose mitigation measures with respect to a covered ICTS transaction; and ``(2) approve the transaction if those measures are implemented. ``(c) Regulations.--The Secretary, acting through the head of the Office, may prescribe regulations to carry out this part. ``SEC. 1785C. JUDICIAL REVIEW.”
“``The Secretary may-- ``(1) prescribe regulations that-- ``(A) identify particular covered ICTS transactions or persons or jurisdictions of concern that pose a risk described in section 1785(3)(B)(ii)-- ``(B) impose mitigation measures and prohibitions to address the risk posed by such transactions, persons, or jurisdictions; ``(C) establish criteria by which particular covered ICTS transactions or particular classes of participants in the covered ICTS transaction supply chain may be recognized as categorically included in or as categorically excluded from mitigation measures or prohibitions imposed under subparagraph (B); ``(D) establish particular classes of covered ICTS transactions or parties to such transactions that are required to abide by such mitigation measures and prohibitions; and ``(E) establish procedures to authorize or license transactions otherwise prohibited pursuant to a regulation prescribed under this section; and ``(2) prescribe such other regulations as the Secretary determines to be necessary or appropriate to address the undue or unacceptable risks described in section 1785(3)(B)(ii).”