[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1111 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1111

  To combat cyber espionage of intellectual property of United States 
                    persons, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 6, 2013

Mr. Johnson of Wisconsin introduced the following bill; which was read 
          twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To combat cyber espionage of intellectual property of United States 
                    persons, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cyber Economic Espionage 
Accountability Act''.

SEC. 2. FINDINGS AND SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) The United States faces persistent cyber espionage of 
        intellectual property from foreign governments that threatens 
        United States economic and national security interests, results 
        in an unfair competitive advantage for foreign companies, and 
        is a major contributor to the loss of manufacturing jobs in the 
        United States.
            (2) Cyber espionage of intellectual property by foreign 
        actors is one of the most pressing issues facing innovators and 
        entrepreneurs in the United States today.
            (3) The National Counterintelligence Executive stated in 
        its October 2011 biennial economic espionage report that 
        ``Chinese actors are the world's most active and persistent 
        perpetrators of economic espionage'' and that ``United States 
        private sector firms and cybersecurity specialists have 
        reported an onslaught of computer network intrusions that have 
        originated in China''.
            (4) The National Counterintelligence Executive also stated 
        that ``Russia's intelligence services are conducting a range of 
        activities to collect economic information and technology from 
        U.S. targets''.
            (5) The People's Republic of China, the Russian Federation, 
        and other countries threaten the privacy of United States 
        citizens by accessing and exploiting personally identifiable 
        information through cyber economic espionage.
            (6) The People's Republic of China, the Russian Federation, 
        and other countries responsible for such cyber economic 
        espionage are members of the World Trade Organization (WTO) and 
        have agreed to comply with the global system of rules and 
        obligations governing the international commerce and trade 
        among member states.
            (7) The United States has recognized the membership of the 
        People's Republic of China, the Russian Federation, and other 
        countries into the WTO by granting them Permanent Normal Trade 
        Relations (PNTR) status under United States law.
            (8) Cyber economic espionage undermines the cooperative 
        relationships between the United States and countries 
        tolerating or encouraging such activities.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) cyber economic espionage should be a priority issue in 
        all economic and diplomatic discussions with the People's 
        Republic of China, including during all meetings of the U.S.-
        China Strategic and Economic Dialogue, and with the Russian 
        Federation and other countries determined to encourage, 
        tolerate, or conduct such cyber economic espionage at 
        appropriate bilateral meetings;
            (2) the United States should intensify diplomatic efforts 
        in appropriate international fora such as the United Nations, 
        the Organisation for Economic Cooperation and Development 
        (OECD), and summits such as the G-8 and G-20 summits, to 
        address the harm to the international economic order by cyber 
        economic espionage; and
            (3) the Department of Justice should increase its efforts 
        to bring economic espionage criminal cases against offending 
        foreign actors, with penalties to include both fines and 
        imprisonment, as well as encourage further cooperation among 
        countries to address cyber economic espionage through criminal 
        prosecutions.

SEC. 3. IDENTIFICATION OF PERSONS RESPONSIBLE FOR CYBER ESPIONAGE OF 
              INTELLECTUAL PROPERTY OF UNITED STATES PERSONS.

    (a) In General.--Not later than 120 days after the date of the 
enactment of this Act, the President shall submit to the appropriate 
congressional committees a list of persons who are officials of a 
foreign government or persons acting on behalf of a foreign government 
that the President determines, based on credible information--
            (1) are responsible for cyber espionage of intellectual 
        property of United States persons; or
            (2) acted as an agent of or on behalf of a person in a 
        matter relating to an activity described in paragraph (1).
    (b) Updates.--The President shall submit to the appropriate 
congressional committees an update of the list required by subsection 
(a) as new information becomes available.
    (c) Form.--
            (1) In general.--The list required by subsection (a) shall 
        be submitted in unclassified form.
            (2) Exception.--The name of a person to be included in the 
        list required by subsection (a) may be submitted in a 
        classified annex only if the President--
                    (A) determines that it is vital for the national 
                security interests of the United States to do so;
                    (B) uses the annex in such a manner consistent with 
                congressional intent and the purposes of this Act; and
                    (C) 15 days prior to submitting the name in a 
                classified annex, provides to the appropriate 
                congressional committees notice of, and a justification 
                for, including or continuing to include each person in 
                the classified annex despite any publicly available 
                credible information indicating that the person engaged 
                in an activity described in paragraph (1) or (2) of 
                subsection (a).
            (3) Public availability.--The unclassified portion of the 
        list required by subsection (a) shall be made available to the 
        public and published in the Federal Register.
    (d) Removal From List.--A person may be removed from the list 
required by subsection (a) if the President determines and reports to 
the appropriate congressional committees not less than 15 days prior to 
the removal of the person from the list that credible information 
exists that the person did not engage in the activity for which the 
person was added to the list.
    (e) Requests by Chairperson and Ranking Member of Appropriate 
Congressional Committees.--
            (1) In general.--Not later than 120 days after receiving a 
        written request from the chairperson and ranking member of one 
        of the appropriate congressional committees with respect to 
        whether a person meets the criteria for being added to the list 
        required by subsection (a), the President shall submit a 
        response to the chairperson and ranking member of the committee 
        which made the request with respect to the status of the 
        person.
            (2) Form.--The President may submit a response required by 
        paragraph (1) in classified form if the President determines 
        that it is necessary for the national security interests of the 
        United States to do so.
            (3) Removal.--If the President removes from the list 
        required by subsection (a) a person who has been placed on the 
        list at the request of the chairperson and ranking member of 
        one of the appropriate congressional committees, the President 
        shall provide the chairperson and ranking member with any 
        information that contributed to the removal decision. The 
        President may submit such information in classified form if the 
        President determines that such is necessary for the national 
        security interests of the United States.
    (f) Nonapplicability of Confidentiality Requirement With Respect to 
Visa Records.--The President shall publish the list required by 
subsection (a) without regard to the requirements of section 222(f) of 
the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to 
confidentiality of records pertaining to the issuance or refusal of 
visas or permits to enter the United States.

SEC. 4. INADMISSIBILITY OF CERTAIN ALIENS.

    (a) Ineligibility for Visas.--An alien is ineligible to receive a 
visa to enter the United States and ineligible to be admitted to the 
United States if the alien is on the list required by section 3(a).
    (b) Current Visas Revoked.--The Secretary of State, in consultation 
with the Secretary of Homeland Security, shall revoke, in accordance 
with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 
1201(i)), the visa or other documentation of any alien who would be 
ineligible to receive such a visa or documentation under subsection (a) 
of this section.
    (c) Waiver for National Security Interests.--
            (1) In general.--The Secretary of State may waive the 
        application of subsection (a) or (b) in the case of an alien 
        if--
                    (A) the Secretary determines that such a waiver--
                            (i) is necessary to permit the United 
                        States to comply with the Agreement between the 
                        United Nations and the United States of America 
                        regarding the Headquarters of the United 
                        Nations, signed June 26, 1947, and entered into 
                        force November 21, 1947, or other applicable 
                        international obligations of the United States; 
                        or
                            (ii) is in the national security interests 
                        of the United States; and
                    (B) prior to granting such a waiver, the Secretary 
                provides to the appropriate congressional committees 
                notice of, and a justification for, the waiver.
            (2) Timing for certain waivers.--Notification under 
        subparagraph (B) of paragraph (1) shall be made not later than 
        15 days prior to granting a waiver under such paragraph if the 
        Secretary grants such waiver in the national security interests 
        of the United States in accordance with subparagraph (A)(ii) of 
        such paragraph.
    (d) Regulatory Authority.--The Secretary of State shall prescribe 
such regulations as are necessary to carry out this section.

SEC. 5. FINANCIAL MEASURES.

    (a) Freezing of Assets.--
            (1) In general.--The President shall exercise all powers 
        granted by the International Emergency Economic Powers Act (50 
        U.S.C. 1701 et seq.) (except that the requirements of section 
        202 of such Act (50 U.S.C. 1701) shall not apply) to the extent 
        necessary to freeze and prohibit all transactions in all 
        property and interests in property of a person who is on the 
        list required by section 3(a) of this Act if such property and 
        interests in property are in the United States, come within the 
        United States, or are or come within the possession or control 
        of a United States person.
            (2) Exception.--Paragraph (1) shall not apply to persons 
        included on the classified annex under section 3(c)(2) if the 
        President determines that such an exception is vital for the 
        national security interests of the United States.
    (b) Waiver for National Security Interests.--The Secretary of the 
Treasury may waive the application of subsection (a) if the Secretary 
determines that such a waiver is in the national security interests of 
the United States. Not less than 15 days prior to granting such a 
waiver, the Secretary shall provide to the appropriate congressional 
committees notice of, and a justification for, the waiver.
    (c) Enforcement.--
            (1) Penalties.--A person that violates, attempts to 
        violate, conspires to violate, or causes a violation of this 
        section or any regulation, license, or order issued to carry 
        out this section shall be subject to the penalties set forth in 
        subsections (b) and (c) of section 206 of the International 
        Emergency Economic Powers Act (50 U.S.C. 1705) to the same 
        extent as a person that commits an unlawful act described in 
        subsection (a) of such section.
            (2) Requirements for financial institutions.--Not later 
        than 120 days after the date of the enactment of this Act, the 
        Secretary of the Treasury shall prescribe or amend regulations 
        as needed to require each financial institution that is a 
        United States person and has within its possession or control 
        assets that are property or interests in property of a person 
        who is on the list required by section 3(a) to certify to the 
        Secretary that, to the best of the knowledge of the financial 
        institution, the financial institution has frozen all assets 
        within the possession or control of the financial institution 
        that are required to be frozen pursuant to subsection (a).
    (d) Specially Designated Nationals List.--The Secretary of the 
Treasury shall include on the list of specially designated nationals 
and blocked persons maintained by the Office of Foreign Assets Control 
of the Department of the Treasury each person who is on the list 
required by section 3(a) of this Act.
    (e) Regulatory Authority.--The Secretary of the Treasury shall 
issue such regulations, licenses, and orders as are necessary to carry 
out this section.

SEC. 6. REPORT TO CONGRESS.

    Not later than one year after the date of the enactment of this Act 
and annually thereafter, the Secretary of State and the Secretary of 
the Treasury shall submit to the appropriate congressional committees a 
report on--
            (1) the actions taken to carry out this Act, including--
                    (A) the number of persons added to or removed from 
                the list required by section 3(a) during the year 
                preceding the report, the dates on which such persons 
                have been added or removed, and the reasons for adding 
                or removing them; and
                    (B) if few or no such persons have been added to 
                that list during that year, the reasons for not adding 
                more such persons to the list; and
            (2) efforts by the executive branch to encourage the 
        governments of other countries to impose sanctions that are 
        similar to the sanctions imposed under this Act.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Admitted; alien.--The terms ``admitted'' and ``alien'' 
        have the meanings given those terms in section 101 of the 
        Immigration and Nationality Act (8 U.S.C. 1101).
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Armed Services, the Committee 
                on Financial Services, the Committee on Foreign 
                Affairs, the Committee on Homeland Security, the 
                Committee on the Judiciary, and the Permanent Select 
                Committee on Intelligence of the House of 
                Representatives; and
                    (B) the Committee on Armed Services, the Committee 
                on Banking, Housing, and Urban Affairs, the Committee 
                on Foreign Relations, the Committee on Homeland 
                Security and Governmental Affairs, the Committee on the 
                Judiciary, and the Select Committee on Intelligence of 
                the Senate.
            (3) Financial institution.--The term ``financial 
        institution'' has the meaning given that term in section 5312 
        of title 31, United States Code.
            (4) 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; 
                or
                    (B) an entity organized under the laws of the 
                United States or of any jurisdiction within the United 
                States, including a foreign branch of such an entity.
                                 <all>