[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 643 Introduced in House (IH)]

113th CONGRESS
  2d Session
H. RES. 643

 Calling for further defense against the People's Republic of China's 
state-sponsored cyber-enabled theft of trade secrets, including by the 
                       People's Liberation Army.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 25, 2014

Mr. Chabot (for himself, Mr. Bera of California, Mr. Cohen, Mr. Collins 
of Georgia, and Mr. Connolly) submitted the following resolution; which 
was referred to the Committee on the Judiciary, and in addition to the 
 Select Committee on Intelligence (Permanent Select), Armed Services, 
 Ways and Means, and Foreign Affairs, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                               RESOLUTION


 
 Calling for further defense against the People's Republic of China's 
state-sponsored cyber-enabled theft of trade secrets, including by the 
                       People's Liberation Army.

Whereas the People's Republic of China (PRC) has been labeled by the United 
        States Office of the National Counterintelligence Executive as the 
        world's most active and persistent perpetrator of economic espionage;
Whereas the Permanent Select Committee on Intelligence of the House of 
        Representatives investigated the PRC's major telecommunications 
        companies and concluded in a bipartisan report released October 2012 
        that Chinese businesses Huawei Technologies' and ZTE Incorporated's 
        provision of equipment to United States critical infrastructure could 
        undermine core United States national security interests;
Whereas in February 2013, the President issued the Administration's Strategy on 
        Mitigating the Theft of United States Trade Secrets and stated, ``We 
        cannot look back years from now and wonder why we did nothing in the 
        face of real threats to our security and economy.'';
Whereas Mandiant, a United States cybersecurity firm, reported in February 2013 
        that a cyber-hacking group it labels as Advanced Persistent Threat 1 
        (APT1) is based in the PRC and is likely government-sponsored;
Whereas Mandiant found that APT1 is known as Unit 61398 and is the 2nd Bureau of 
        the 3rd Department of the General Staff Department of the People's 
        Liberation Army (PLA) under the Communist Party of China;
Whereas Mandiant warned that APT1 is only one of more than 20 Advanced 
        Persistent Threat groups originating in the PRC;
Whereas Mandiant concluded that APT1 has conducted a cyber espionage campaign 
        since at least 2006, whereas since that time, APT1 systematically stole 
        hundreds of terabytes of data from at least 141 companies in 20 major 
        industries;
Whereas Mandiant detailed that APT1 focuses on compromising organizations in a 
        broad range of industries in English-speaking countries and maintains an 
        extensive infrastructure of computer systems around the world;
Whereas Director of National Intelligence James Clapper reported to Congress in 
        March 2013 that the PRC remains one of the most capable and persistent 
        intelligence threats;
Whereas in May 2013, the Secretary of Defense reported to Congress in a report 
        entitled ``Military and Security Developments Involving the People's 
        Republic of China'' that in 2012, numerous computer systems around the 
        world, including those owned by the United States Government, were 
        targeted for intrusions, some of which were attributable directly to the 
        Government and military of the PRC;
Whereas the Secretary of Defense asserted that these intrusions carried out by 
        the PRC were focused on exfiltrating information through computer 
        network exploitation (CNE) capabilities to support state-sponsored 
        intelligence collection of United States national defense programs;
Whereas Director of National Intelligence James Clapper reported to Congress in 
        January 2014 that China seeks to revise the multi-stakeholder model of 
        Internet governance while continuing its expansive worldwide program of 
        network exploitation and intellectual property theft;
Whereas Attorney General Eric Holder announced on May 19, 2014, an indictment 
        against five hackers affiliated with the PLA for serious cyber economic 
        espionage that victimized United States entities and stole trade 
        secrets;
Whereas these five hackers were identified as part of Unit 61398 of the PLA;
Whereas the indictment detailed the threat from Unit 61398 of the PLA based in 
        Shanghai in the PRC; and
Whereas this indictment was the first time charges were brought against state 
        actors for cyber infiltration of United States commercial entities: Now, 
        therefore, be it;
    Resolved, That the House of Representatives--
            (1) calls on the President to aggressively implement and 
        coordinate the Strategy on Mitigating the Theft of United 
        States Trade Secrets;
            (2) calls on the PRC to end the practice of cyber-enabled 
        espionage against United States firms and individuals and to 
        cooperate in cyber security efforts with the United States;
            (3) calls on the Department of Justice to continue to 
        advance investigations into cyber espionage by actors 
        originating in the PRC;
            (4) calls on the United States Government to continue to 
        condemn cyber-enabled espionage for the purposes of stealing 
        intellectual property and trade secrets, pursue counter 
        intelligence capacities, and prosecute such individuals should 
        they enter United States territory;
            (5) calls on the United States Trade Representative to 
        estimate the loss from cyber theft, compile a list of actors 
        that cause the most damage to United States firms by 
        intellectual property rights theft and pursue a dispute 
        settlement case at the World Trade Organization;
            (6) calls on the United States Office of the National 
        Counterintelligence Executive to update the unclassified report 
        to Congress on Foreign Economic Collection and Industrial 
        Espionage in 2009-2011 with information that includes the cyber 
        threat from the People's Republic of China against United 
        States companies and critical infrastructure;
            (7) calls on the Department of Defense to restrict 
        military-to-military contacts with the PLA in compliance with 
        United States laws, including the National Defense 
        Authorization Act for Fiscal Year 2000 (Public Law 106-65);
            (8) calls on the Federal Bureau of Investigation and the 
        Department of Homeland Security to expand warnings to United 
        States companies about the broad scope of tools to illicit 
        trade secrets used by actors originating in the PRC, including 
        cyber theft, physical trespass of the factories or other 
        facilities of United States firms, intrusion of computers, and 
        use of Universal Serial Bus (USB) drives, money, travel, gifts, 
        promises of employment, and social media;
            (9) calls on the Department of Defense and the Department 
        of State to provide briefings of the United States-China cyber-
        security working group meetings in 2013; and
            (10) calls on Federal departments and agencies to expand 
        cooperation with allies and partners to better coordinate 
        defense against cyber threats.
                                 <all>