[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1245 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 1245

 To combat the theft of trade secrets by China, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 20, 2021

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

_______________________________________________________________________

                                 A BILL


 
 To combat the theft of trade secrets by China, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Combating Chinese 
Purloining of Trade Secrets Act'' or the ``CCP Trade Secrets Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
 TITLE I--INCREASED PENALTIES FOR VIOLATIONS OF SECTION 2512 OF TITLE 
         18, UNITED STATES CODE, INVOLVING A FOREIGN GOVERNMENT

Sec. 101. Manufacture, distribution, possession, and advertising of 
                            wire, oral, or electronic communication 
                            intercepting devices prohibited.
  TITLE II--PROTECTING U.S. BUSINESSES FROM FOREIGN TRADE SECRET THEFT

Sec. 201. Short title.
Sec. 202. Prohibition on misappropriating U.S. trade secrets.
                    TITLE III--COMBATING CYBERCRIME

Sec. 301. Short title.
Sec. 302. Predicate offenses.
Sec. 303. Forfeiture.
Sec. 304. Shutting down botnets.
Sec. 305. Aggravated damage to a critical infrastructure computer.
Sec. 306. Stopping trafficking in botnets; fraud and related activity 
                            in connection with computers.
TITLE IV--ESPIONAGE, THEFT OF TRADE SECRETS, AND IMPROPER INTERFERENCE 
                       IN UNITED STATES ELECTIONS

Sec. 401. Espionage, theft of trade secrets, theft of intellectual 
                            property, involvement in commercial fraud 
                            schemes, and improper interference in 
                            United States elections.
Sec. 402. Visa and nonimmigrant status restrictions.
              TITLE V--GOVERNMENT-FUNDED RESEARCH PROJECTS

Sec. 501. Findings.
Sec. 502. Definitions.
Sec. 503. Approval of covered persons in sensitive Government-funded 
                            research projects.
Sec. 504. Disclosure of research assistance from foreign governments.

 TITLE I--INCREASED PENALTIES FOR VIOLATIONS OF SECTION 2512 OF TITLE 
         18, UNITED STATES CODE, INVOLVING A FOREIGN GOVERNMENT

SEC. 101. MANUFACTURE, DISTRIBUTION, POSSESSION, AND ADVERTISING OF 
              WIRE, ORAL, OR ELECTRONIC COMMUNICATION INTERCEPTING 
              DEVICES PROHIBITED.

    (a) In General.--Section 2512 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(4) Any person who violates this section with the intent to 
benefit any government of a foreign country (as defined in section 1 of 
the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 
611)), agency or instrumentality of a foreign state (as defined in 
section 1603(b) of title 28, United States Code), or agent of a foreign 
principal (as defined in section 1 of the Foreign Agents Registration 
Act of 1938, as amended (22 U.S.C. 611)) shall be fined under this 
title, imprisoned for not more than 20 years, or both.''.
    (b) Sentencing Enhancement for Foreign Involvement in Violations of 
Section 2512 of Title 18, United States Code.--Pursuant to its 
authority under section 994 of title 28, United States Code, the United 
States Sentencing Commission shall review and amend the Federal 
sentencing guidelines to ensure that the guidelines provide an 
additional penalty increase of not fewer than 4 offense levels if the 
defendant violated section 2512 of title 18, United States Code, with 
the intent to benefit any government of a foreign country, agency or 
instrumentality of a foreign state, or agent of a foreign principal.

  TITLE II--PROTECTING U.S. BUSINESSES FROM FOREIGN TRADE SECRET THEFT

SEC. 201. SHORT TITLE.

     This title may be cited as the ``Protecting U.S. Businesses from 
Foreign Trade Secrets Theft Act of 2021''.

SEC. 202. PROHIBITION ON MISAPPROPRIATING U.S. TRADE SECRETS.

    (a) In General.--Chapter 90 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1840. Applicability to foreign persons
    ``(a) Definitions.--In this section--
            ``(1) the term `critical technology' has the meaning given 
        the term `critical technologies' in section 721 of the Defense 
        Production Act of 1950 (50 U.S.C. 4565);
            ``(2) the term `designated Federal agency' means--
                    ``(A) the Department of Homeland Security;
                    ``(B) U.S. Customs and Border Protection;
                    ``(C) the Department of Commerce;
                    ``(D) the Securities and Exchange Commission;
                    ``(E) the Export-Import Bank of the United States;
                    ``(F) the Department of State; and
                    ``(G) the United States Patent and Trademark 
                Office;
            ``(3) the term `foreign person' means a person that is not 
        a United States person;
            ``(4) the term `International Trade Commission' means the 
        United States International Trade Commission;
            ``(5) the term `offending foreign person' means a foreign 
        person--
                    ``(A) who misappropriates a trade secret; and
                    ``(B) with respect to whom a petition submitted 
                under subsection (b)(1) satisfies the requirements 
                under that subsection, as determined by the Attorney 
                General;
            ``(6) the term `person' means--
                    ``(A) an individual; and
                    ``(B) a corporation, business association, 
                partnership, society, or trust, any other 
                nongovernmental entity, organization, or group, and any 
                governmental entity operating as a business enterprise; 
                and
            ``(7) the term `United States person' means--
                    ``(A) a United States citizen or an alien lawfully 
                admitted for permanent residence to the United States;
                    ``(B) a corporation or other legal entity that is 
                organized under the laws of the United States, any 
                State or territory thereof, or the District of 
                Columbia; and
                    ``(C) a corporation or other legal entity--
                            ``(i) organized under the laws of a 
                        jurisdiction outside of the United States; and
                            ``(ii) with respect to which a United 
                        States person described in subparagraph (A) or 
                        (B)--
                                    ``(I) holds more than 50 percent of 
                                the equity interest by vote or value;
                                    ``(II) holds a majority of seats on 
                                the board of directors; or
                                    ``(III) otherwise controls the 
                                actions, policies, or personnel 
                                decisions.
    ``(b) Petition for Relief.--
            ``(1) Demonstration of misappropriation.--If an owner of a 
        trade secret, who is a United States person, wishes to have the 
        Attorney General or the head of the applicable designated 
        Federal agency apply a penalty under subsection (c) to a 
        foreign person who has misappropriated the trade secret, the 
        owner shall submit to the Attorney General a petition 
        demonstrating that--
                    ``(A)(i) a court has entered a temporary 
                restraining order, preliminary injunction, or final 
                judgment under section 1836 of this title against the 
                foreign person for misappropriating a trade secret of 
                the owner;
                    ``(ii) the International Trade Commission has 
                issued a temporary exclusion order or final exclusion 
                order under section 337 of the Tariff Act of 1930 (19 
                U.S.C. 1337) against the foreign person for 
                misappropriating a trade secret of the owner; or
                    ``(iii) an indictment has been issued under section 
                1831 or 1832 of this title against the foreign person 
                for misappropriating a trade secret of the owner;
                    ``(B) the trade secret described in the applicable 
                clause of subparagraph (A) involves or is a component 
                of critical technology; and
                    ``(C) the remedies available to the owner under 
                section 1836 of this title or section 337 of the Tariff 
                Act of 1930 (19 U.S.C. 1337), as applicable, are 
                unlikely to provide complete relief to the owner 
                because the foreign person has used or is reasonably 
                likely to use the misappropriated trade secret in the 
                home country of the foreign person or a third country, 
                such that activities of the foreign person relevant to 
                the determinations under subparagraph (A) take place 
                outside the United States.
            ``(2) Review.--Not later than 60 days after the date on 
        which an owner who is a United States person submits a petition 
        to the Attorney General under paragraph (1), the Attorney 
        General shall determine whether the petition satisfies the 
        requirements under that paragraph.
            ``(3) Notification.--If the Attorney General determines 
        under paragraph (2) that a petition satisfies the requirements 
        under paragraph (1), the Attorney General shall so notify the 
        head of each designated Federal agency not later than 30 days 
        after the date of the determination.
            ``(4) Sense of congress.--It is the sense of Congress that 
        if the Attorney General determines under paragraph (2) that a 
        petition relating to a foreign person satisfies the 
        requirements under paragraph (1), the Attorney General and the 
        head of each designated Federal agency should impose 1 or more 
        penalties on the foreign person under subsection (c), to the 
        extent that the penalties are applicable.
    ``(c) Penalties.--
            ``(1) In general.--Subject to paragraphs (2) and (3), not 
        later than 90 days after the date on which the Attorney General 
        provides notice to the head of each designated Federal agency 
        under subsection (b)(3) with respect to an offending foreign 
        person, the Attorney General or the head of a designated 
        Federal agency, as applicable, may impose 1 or more of the 
        following penalties on the offending foreign person:
                    ``(A) Import restriction.--The Commissioner of U.S. 
                Customs and Border Protection may exclude from entry 
                into the United States any articles produced by the 
                offending foreign person.
                    ``(B) Export licenses.--
                            ``(i) Dual-use exports.--The Secretary of 
                        Commerce may refuse to issue any specific 
                        license, or grant any other specific permission 
                        or authority, for the export, reexport, or in-
                        country transfer of items to the offending 
                        foreign person under the Export Control Reform 
                        Act of 2018 (50 U.S.C. 4801 et seq.).
                            ``(ii) Defense articles and defense 
                        services.--The Secretary of State may refuse to 
                        issue any license or other approval for the 
                        export of defense articles or defense services 
                        to the offending foreign person under the Arms 
                        Export Control Act (22 U.S.C. 2751 et seq.).
                    ``(C) Restricted parties.--
                            ``(i) Commerce lists.--The Secretary of 
                        Commerce may add the offending foreign person 
                        to one of the following lists maintained by the 
                        Bureau of Industry and Secretary of the 
                        Department of Commerce:
                                    ``(I) The Entity List set forth in 
                                Supplement No. 4 to part 744 of the 
                                Export Administration Regulations under 
                                subchapter C of chapter VII of title 
                                15, Code of Federal Regulations.
                                    ``(II) The Denied Persons List 
                                maintained pursuant to section 764.3 of 
                                the Export Administration Regulations.
                            ``(ii) Treasury list.--The Secretary of the 
                        Treasury may add the offending foreign person 
                        to the list of specially designated nationals 
                        and blocked persons maintained by the Office of 
                        Foreign Assets Control of the Department of the 
                        Treasury.
                    ``(D) Securities reporting.--The Securities and 
                Exchange Commission may determine whether the use by 
                the offending foreign person of the misappropriated 
                trade secret is a reportable material condition in any 
                filing by the offending foreign person required under 
                applicable securities laws of the United States.
                    ``(E) Patent protection.--The Under Secretary of 
                Commerce for Intellectual Property and Director of the 
                United States Patent and Trademark Office may prohibit 
                the offending foreign person from applying for patent 
                protection, being listed as an inventor on a patent 
                application, or continuing a patent application under 
                title 35, United States Code.
                    ``(F) Export-import bank assistance for exports to 
                foreign person.--The Export-Import Bank of the United 
                States may refuse to approve the issuance of any 
                guarantee, insurance, extension of credit, or 
                participation in the extension of credit in connection 
                with the export of any goods or services to the 
                offending foreign person.
                    ``(G) Exclusion of corporate officers.--The 
                Secretary of State may deny a visa application, and the 
                Secretary of Homeland Security may deny an application 
                for admission to the United States, of any alien that 
                the applicable Secretary determines is a corporate 
                officer or principal of, or a shareholder with a 
                controlling interest in, the offending foreign person.
                    ``(H) Other penalties.--The Attorney General or the 
                head of a designated Federal agency--
                            ``(i) may not procure, or enter into a 
                        contract for the procurement of, any goods or 
                        services from the offending foreign person;
                            ``(ii) may prohibit, pursuant to notice 
                        issued by the Attorney General, a United States 
                        person from knowingly investing in or 
                        purchasing significant amounts of equity or 
                        debt instruments of the offending foreign 
                        person;
                            ``(iii) may impose on a principal executive 
                        officer of the offending foreign person, or on 
                        an individual performing similar functions and 
                        with similar authorities as such an officer, 
                        any penalty under this subsection that could be 
                        imposed on the offending foreign person; and
                            ``(iv) may impose on the offending foreign 
                        person any other penalty authorized under any 
                        provision of Federal law, as determined 
                        appropriate.
            ``(2) Duration of penalties.--
                    ``(A) Temporary penalty.--If a court enters a 
                temporary restraining order or preliminary injunction 
                under section 1836 of this title against an offending 
                foreign person for misappropriating a trade secret, the 
                International Trade Commission issues a temporary 
                exclusion order under section 337 of the Tariff Act of 
                1930 (19 U.S.C. 1337) against an offending foreign 
                person for misappropriating a trade secret, or an 
                indictment is issued under section 1831 or 1832 of this 
                title against an offending foreign person for 
                misappropriating a trade secret, the Attorney General 
                or the head of a designated Federal agency may impose a 
                penalty under paragraph (1) on the offending foreign 
                person during the period during which the temporary 
                restraining order, preliminary injunction, temporary 
                exclusion order, or indictment remains in effect.
                    ``(B) Permanent penalty.--If a court enters a final 
                judgment under section 1836 of this title against an 
                offending foreign person for misappropriating a trade 
                secret, the International Trade Commission issues a 
                final exclusion order under section 337 of the Tariff 
                Act of 1930 (19 U.S.C. 1337) against an offending 
                foreign person for misappropriating a trade secret, or 
                an offending foreign person is convicted under section 
                1831or 1832 of this title of misappropriating a trade 
                secret, the Attorney General or the head of a 
                designated Federal agency may permanently impose a 
                penalty under paragraph (1) on the foreign person.
            ``(3) Petition for review.--
                    ``(A) In general.--If the Attorney General or the 
                head of a designated Federal agency imposes a temporary 
                penalty under paragraph (2)(A) or a permanent penalty 
                under paragraph (2)(B) on an offending foreign person, 
                the offending foreign person may submit to the Attorney 
                General or the head of the designated Federal agency a 
                petition for the revocation or modification of the 
                penalty--
                            ``(i) not later 45 days after the date on 
                        which the penalty is imposed; or
                            ``(ii) in the case of a permanent penalty, 
                        if the final judgment, final exclusion order, 
                        or conviction upon which the permanent penalty 
                        is based is reversed on appeal or otherwise 
                        vacated, not later than 45 days after the date 
                        of the reversal or vacatur.
                    ``(B) Contents of petition.--
                            ``(i) In general.--An offending foreign 
                        person shall include in a petition submitted 
                        under subparagraph (A) a full written statement 
                        in support of the position of the offending 
                        foreign person, including a precise statement 
                        of why--
                                    ``(I) an insufficient basis exists 
                                for the penalty; or
                                    ``(II) the circumstances resulting 
                                in the penalty no longer apply.
                            ``(ii) Remedial steps.--An offending 
                        foreign person may, in a petition submitted 
                        under subparagraph (A), propose remedial steps 
                        that would negate the basis for the penalty.
                    ``(C) Determination.--The Attorney General or the 
                head of a designated Federal agency, as applicable, 
                shall make a determination with respect to a petition 
                submitted under subparagraph (A).
    ``(d) Report.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this section, and each year thereafter, the 
        Attorney General, in coordination with the head of each 
        designated Federal agency, shall submit to the Committee on the 
        Judiciary of the Senate and the Committee on the Judiciary of 
        the House of Representatives a report that--
                    ``(A) with respect to the preceding year--
                            ``(i) identifies foreign countries, state-
                        owned and state-controlled entities, and other 
                        persons that engaged in the misappropriation of 
                        trade secrets owned by United States persons;
                            ``(ii) describes any strategy used by a 
                        foreign country to undertake misappropriation 
                        of trade secrets owned by United States 
                        persons;
                            ``(iii) identifies categories of 
                        technologies developed by, or trade secrets 
                        owned by, United States persons that were 
                        targeted for misappropriation;
                            ``(iv) lists legal actions taken under 
                        section 1836 of this title, section 337 of the 
                        Tariff Act of 1930 (19 U.S.C. 1337), or section 
                        1831 or 1832 of this title--
                                    ``(I) against an offending foreign 
                                person who misappropriated a trade 
                                secret owned by a United States person; 
                                and
                                    ``(II) as a result of which the 
                                products of the offending foreign 
                                person described in subclause (I) may 
                                never enter the United States; and
                            ``(v) describes progress made in decreasing 
                        the prevalence of misappropriation of trade 
                        secrets owned by United States persons; and
                    ``(B) recommends strategies to the Committee on the 
                Judiciary of the Senate and the Committee on the 
                Judiciary of the House of Representatives to decrease 
                the misappropriation by foreign persons of trade 
                secrets owned by United States persons.
            ``(2) Form of report.-- A report submitted under paragraph 
        (1) shall be submitted in unclassified form but may contain a 
        classified annex.''.
    (b) Table of Sections.--The table of sections for chapter 90 of 
title 18, United States Code, is amended by adding at the end the 
following:

``1840. Applicability to foreign persons.''.

                    TITLE III--COMBATING CYBERCRIME

SEC. 301. SHORT TITLE.

     This title may be cited as the ``International Cybercrime 
Prevention Act''.

SEC. 302. PREDICATE OFFENSES.

    Part I of title 18, United States Code, is amended--
            (1) in section 1956(c)(7)(D)--
                    (A) by striking ``or section 2339D'' and inserting 
                ``section 2339D''; and
                    (B) by striking ``of this title, section 46502'' 
                and inserting ``, or section 2512 (relating to the 
                manufacture, distribution, possession, and advertising 
                of wire, oral, or electronic communication intercepting 
                devices) of this title, section 46502''; and
            (2) in section 1961(1), by inserting ``section 1030 
        (relating to fraud and related activity in connection with 
        computers) if the act indictable under section 1030 is 
        felonious,'' before ``section 1084''.

SEC. 303. FORFEITURE.

    (a) In General.--Section 2513 of title 18, United States Code, is 
amended to read as follows:

``SEC. 2513. CONFISCATION OF WIRE, ORAL, OR ELECTRONIC COMMUNICATION 
              INTERCEPTING DEVICES AND OTHER PROPERTY.

    ``(a) Criminal Forfeiture.--
            ``(1) In general.--The court, in imposing a sentence on any 
        person convicted of a violation of section 2511 or 2512, or 
        convicted of conspiracy to violate section 2511 or 2512, shall 
        order, in addition to any other sentence imposed and 
        irrespective of any provision of State law, that such person 
        forfeit to the United States--
                    ``(A) such person's interest in any property, real 
                or personal, that was used or intended to be used to 
                commit or to facilitate the commission of such 
                violation; and
                    ``(B) any property, real or personal, constituting 
                or derived from any gross proceeds, or any property 
                traceable to such property, that such person obtained 
                or retained directly or indirectly as a result of such 
                violation.
            ``(2) Forfeiture procedures.--Pursuant to section 2461(c) 
        of title 28, the provisions of section 413 of the Controlled 
        Substances Act (21 U.S.C. 853), other than subsection (d) 
        thereof, shall apply to criminal forfeitures under this 
        subsection.
    ``(b) Civil Forfeiture.--
            ``(1) In general.--The following shall be subject to 
        forfeiture to the United States in accordance with provisions 
        of chapter 46 and no property right shall exist in them:
                    ``(A) Any property, real or personal, used or 
                intended to be used, in any manner, to commit, or 
                facilitate the commission of a violation of section 
                2511 or 2512, or a conspiracy to violate section 2511 
                or 2512.
                    ``(B) Any property, real or personal, constituting, 
                or traceable to the gross proceeds taken, obtained, or 
                retained in connection with or as a result of a 
                violation of section 2511 or 2512, or a conspiracy to 
                violate section 2511 or 2512.
            ``(2) Forfeiture procedures.--Seizures and forfeitures 
        under this subsection shall be governed by the provisions of 
        chapter 46 relating to civil forfeitures, except that such 
        duties as are imposed on the Secretary of the Treasury under 
        the customs laws described in section 981(d) shall be performed 
        by such officers, agents, and other persons as may be 
        designated for that purpose by the Secretary of Homeland 
        Security or the Attorney General.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 119 is amended by striking the item relating to section 2513 
and inserting the following:

``2513. Confiscation of wire, oral, or electronic communication 
                            intercepting devices and other property.''.

SEC. 304. SHUTTING DOWN BOTNETS.

    (a) In General.--Section 1345 of title 18, United States Code, is 
amended--
            (1) in the heading, by inserting ``and abuse'' after 
        ``fraud'';
            (2) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (B), by striking ``or'' 
                        at the end;
                            (ii) in subparagraph (C), by inserting 
                        ``or'' after the semicolon; and
                            (iii) by inserting after subparagraph (C) 
                        the following:
                    ``(D) violating or about to violate section 
                1030(a)(5) of this title where such conduct has caused 
                or would cause damage (as defined in section 1030) 
                without authorization to 100 or more protected 
                computers (as defined in section 1030) during any 1-
                year period, including by--
                            ``(i) impairing the availability or 
                        integrity of the protected computers without 
                        authorization; or
                            ``(ii) installing or maintaining control 
                        over malicious software on the protected 
                        computers that, without authorization, has 
                        caused or would cause damage to the protected 
                        computers;''; and
                    (B) in paragraph (2), in the matter preceding 
                subparagraph (A), by inserting ``, a violation 
                described in subsection (a)(1)(D),'' before ``or a 
                Federal''; and
            (3) by adding at the end the following:
    ``(c) A restraining order, prohibition, or other action described 
in subsection (b), if issued in circumstances described in subsection 
(a)(1)(D), may, upon application of the Attorney General--
            ``(1) specify that no cause of action shall lie in any 
        court against a person for complying with the restraining 
        order, prohibition, or other action; and
            ``(2) provide that the United States shall pay to such 
        person a fee for reimbursement for such costs as are reasonably 
        necessary and which have been directly incurred in complying 
        with the restraining order, prohibition, or other action.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 63 of title 18, United States Code, is amended by striking the 
item relating to section 1345 and inserting the following:

``1345. Injunctions against fraud and abuse.''.

SEC. 305. AGGRAVATED DAMAGE TO A CRITICAL INFRASTRUCTURE COMPUTER.

    (a) In General.--Chapter 47 of title 18, United States Code, is 
amended by inserting after section 1030 the following:
``Sec. 1030A. Aggravated damage to a critical infrastructure computer
    ``(a) Offense.--It shall be unlawful, during and in relation to a 
felony violation of section 1030, to knowingly cause or attempt to 
cause damage to a critical infrastructure computer, if such damage 
results in (or, in the case of an attempted offense, would, if 
completed, have resulted in) the substantial impairment--
            ``(1) of the operation of the critical infrastructure 
        computer; or
            ``(2) of the critical infrastructure associated with such 
        computer.
    ``(b) Penalty.--Any person who violates subsection (a) shall, in 
addition to the term of punishment provided for the felony violation of 
section 1030, be fined under this title, imprisoned for not more than 
20 years, or both.
    ``(c) Consecutive Sentence.--Notwithstanding any other provision of 
law--
            ``(1) a court shall not place any person convicted of a 
        violation of this section on probation;
            ``(2) except as provided in paragraph (4), no term of 
        imprisonment imposed on a person under this section shall run 
        concurrently with any term of imprisonment imposed on the 
        person under any other provision of law, including any term of 
        imprisonment imposed for the felony violation of section 1030;
            ``(3) in determining any term of imprisonment to be imposed 
        for the felony violation of section 1030, a court shall not in 
        any way reduce the term to be imposed for such violation to 
        compensate for, or otherwise take into account, any separate 
        term of imprisonment imposed or to be imposed for a violation 
        of this section; and
            ``(4) a term of imprisonment imposed on a person for a 
        violation of this section may, in the discretion of the court, 
        run concurrently, in whole or in part, only with another term 
        of imprisonment that is imposed by the court at the same time 
        on that person for an additional violation of this section, if 
        such discretion shall be exercised in accordance with any 
        applicable guidelines and policy statements issued by the 
        United States Sentencing Commission pursuant to section 994 of 
        title 28.
    ``(d) Definitions.--In this section--
            ``(1) the terms `computer' and `damage' have the meanings 
        given the terms in section 1030; and
            ``(2) the term `critical infrastructure' means systems and 
        assets, whether physical or virtual, so vital to the United 
        States that the incapacity or destruction of such systems and 
        assets would have catastrophic regional or national effects on 
        public health or safety, economic security, or national 
        security, including voter registration databases, voting 
        machines, and other communications systems that manage the 
        election process or report and display results on behalf of 
        State and local governments.''.
    (b) Table of Sections.--The table of sections for chapter 47 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 1030 the following:

``1030A. Aggravated damage to a critical infrastructure computer.''.

SEC. 306. STOPPING TRAFFICKING IN BOTNETS; FRAUD AND RELATED ACTIVITY 
              IN CONNECTION WITH COMPUTERS.

    (a) In General.--Section 1030 of title 18, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (2) and inserting the 
                following:
            ``(2)(A) intentionally accesses a computer without 
        authorization or exceeds authorized access, and thereby obtains 
        information, if--
                    ``(i) the conduct was undertaken in furtherance of 
                any felony violation of the laws of the United States 
                or of any State, unless an element of such violation 
                would require proof that the information was obtained 
                without authorization or in excess of authorization; or
                    ``(ii) the protected computer is owned or operated 
                by or on behalf of a State or local governmental entity 
                responsible for the administration of justice, public 
                health, or safety, or owned or operated by or on behalf 
                of the United States Government; or
            ``(B) intentionally accesses a computer without 
        authorization, and thereby obtains information from any 
        protected computer;'';
                    (B) by striking paragraph (6) and inserting the 
                following:
            ``(6) knowing such conduct to be wrongful, intentionally 
        traffics in any password or similar information, or any other 
        means of access, further knowing or having reason to know that 
        a protected computer would be accessed or damaged without 
        authorization in a manner prohibited by this section as the 
        result of such trafficking;'';
                    (C) in paragraph (7), by adding ``or'' at the end; 
                and
                    (D) by inserting after paragraph (7) the following:
            ``(8) intentionally traffics in the means of access to a 
        protected computer, if--
                    ``(A) the trafficker knows or has reason to know 
                the protected computer has been damaged in a manner 
                prohibited by this section; and
                    ``(B) the promise or agreement to pay for the means 
                of access is made by, or on behalf of, a person the 
                trafficker knows or has reason to know intends to use 
                the means of access to--
                            ``(i) damage a protected computer without 
                        authorization; or
                            ``(ii) violate section 1037 or 1343;'';
            (2) in subsection (c)--
                    (A) in paragraph (2), by striking ``, (a)(3), or 
                (a)(6)'' each place it appears and inserting ``or 
                (a)(3)'';
                    (B) in paragraph (3)--
                            (i) in subparagraph (A), by striking 
                        ``(a)(4) or (a)(7)'' and inserting ``(a)(4), 
                        (a)(7), or (a)(8)''; and
                            (ii) in subparagraph (B), by striking 
                        ``(a)(4), or (a)(7)'' and inserting ``(a)(4), 
                        (a)(7), or (a)(8)''; and
                    (C) in paragraph (4)--
                            (i) in subparagraph (C)(i), by striking 
                        ``or an attempt to commit an offense''; and
                            (ii) in subparagraph (D), by striking 
                        clause (ii) and inserting the following:
                            ``(ii) an offense, or an attempt to commit 
                        an offense, under subsection (a)(6);'';
            (3) in subsection (e)--
                    (A) by striking paragraph (6) and inserting the 
                following:
            ``(6) the term `exceeds authorized access' means--
                    ``(A)(i) to access a computer with authorization 
                and thereby to knowingly obtain information from such 
                computer that the accessor is not entitled to obtain; 
                or
                    ``(ii) to knowingly obtain any information from 
                such computer for a purpose that is prohibited by the 
                computer owner; and
                    ``(B) provided that the limitation on access to or 
                use of the information is not based solely on the terms 
                governing use of an online service by customers or 
                subscribers thereof, including terms set forth in an 
                acceptable use policy or terms of service;'';
                    (B) by striking paragraph (10);
                    (C) by redesignating paragraphs (11) and (12) as 
                paragraphs (10) and (11), respectively;
                    (D) in paragraph (10), as so redesignated, by 
                striking ``and'';
                    (E) in paragraph (11), as so redesignated, by 
                striking the period at the end and inserting a 
                semicolon; and
                    (F) by adding at the end the following:
            ``(12) the term `online service'--
                    ``(A) means an electronic communication service (as 
                defined in section 2510) to the public, a remote 
                computing service (as defined in section 2711), or 
                other service that provides content or computing 
                services to the public over the Internet; and
                    ``(B) does not include an enterprise service;
            ``(13) the term `enterprise service' means any electronic 
        communication service (as defined in section 2510) to the 
        public, remote computing service (as defined in section 2711), 
        or other service that provides content or computing services to 
        the public for which the user, customer, or subscriber has 
        paid, or on whose behalf has been paid, more than $10,000 in a 
        calendar year in exchange for the right to access or use the 
        service; and
            ``(14) the term `traffic', except as provided in subsection 
        (a)(6), means transfer, or otherwise dispose of, to another as 
        consideration for the receipt of, or as consideration for a 
        promise or agreement to pay, anything of pecuniary value.'';
            (4) in subsection (g), in the first sentence, by inserting 
        ``, except for a violation of subsection (a)(6),'' after ``of 
        this section''; and
            (5) by striking subsections (i) and (j) and inserting the 
        following:
    ``(i) Criminal Forfeiture.--
            ``(1) In general.--The court, in imposing a sentence on any 
        person convicted of a violation of this section, or convicted 
        of conspiracy to violate this section, shall order, in addition 
        to any other sentence imposed and irrespective of any provision 
        of State law, that such person forfeit to the United States--
                    ``(A) such person's interest in any property, real 
                or personal, that was used or intended to be used to 
                commit or to facilitate the commission of such 
                violation; and
                    ``(B) any property, real or personal, constituting 
                or derived from any gross proceeds, or any property 
                traceable to such property, that such person obtained 
                or retained, directly or indirectly, as a result of 
                such violation.
            ``(2) Forfeiture procedures.--Pursuant to section 2461(c) 
        of title 28, the provisions of section 413 of the Controlled 
        Substances Act (21 U.S.C. 853), other than subsection (d) 
        thereof, shall apply to criminal forfeitures under this 
        subsection.
    ``(j) Civil Forfeiture.--
            ``(1) In general.--The following shall be subject to 
        forfeiture to the United States in accordance with chapter 46, 
        and no property right shall exist in them:
                    ``(A) Any property, real or personal, used or 
                intended to be used, in any manner--
                            ``(i) to commit, or facilitate the 
                        commission of, a violation of this section; or
                            ``(ii) in a conspiracy to violate this 
                        section.
                    ``(B) Any property, real or personal, constituting 
                or traceable to the gross proceeds taken, obtained, or 
                retained in connection with or as a result of--
                            ``(i) a violation of this section; or
                            ``(ii) a conspiracy to violate this 
                        section.
            ``(2) Forfeiture procedures.--Seizures and forfeitures 
        under this subsection shall be governed by the provisions of 
        chapter 46 that apply to civil forfeitures, except that such 
        duties as are imposed on the Secretary of the Treasury under 
        the customs laws described in section 981(d) shall be performed 
        by such officers, agents, and other persons as may be 
        designated for that purpose by the Secretary of Homeland 
        Security or the Attorney General.''.
    (b) Technical and Conforming Amendment.--Section 7431(e)(3) of the 
Internal Revenue Code of 1986 is amended by striking ``subparagraph 
(B)'' and inserting ``subparagraph (B)(iii)''.

TITLE IV--ESPIONAGE, THEFT OF TRADE SECRETS, AND IMPROPER INTERFERENCE 
                       IN UNITED STATES ELECTIONS

SEC. 401. ESPIONAGE, THEFT OF TRADE SECRETS, THEFT OF INTELLECTUAL 
              PROPERTY, INVOLVEMENT IN COMMERCIAL FRAUD SCHEMES, AND 
              IMPROPER INTERFERENCE IN UNITED STATES ELECTIONS.

    (a) Definitions.--Section 101(a) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)) is amended by adding at the end the following:
            ``(53)(A) The term `espionage' means conduct--
                    ``(i) in violation of--
                            ``(I) the Act of June 15, 1917 (40 Stat. 
                        217, chapter 30) (commonly known as the 
                        `Espionage Act of 1917');
                            ``(II) chapter 90 of title 18, United 
                        States Code (commonly known as the `Economic 
                        Espionage Act of 1996'); or
                            ``(III) any other Federal criminal law 
                        relating to an activity described in clause 
                        (ii); or
                    ``(ii)(I) by an alien who is under the direction 
                of--
                            ``(aa) a foreign government; or
                            ``(bb) an intermediary individual or entity 
                        that seeks to serve, support, or benefit a 
                        foreign government; and
                    ``(II) with respect to confidential information, 
                that constitutes--
                            ``(aa) stealing or, without authorization, 
                        appropriating, taking, carrying away, 
                        concealing, or, by fraud, artifice, or 
                        deception, obtaining such information;
                            ``(bb) without authorization, copying, 
                        duplicating, sketching, drawing, photographing, 
                        downloading, uploading, altering, destroying, 
                        photocopying, replicating, transmitting, 
                        delivering, sending, mailing, communicating, or 
                        conveying such information; or
                            ``(cc) receiving, buying, or possessing 
                        such information, knowing that the information 
                        has been stolen or appropriated, obtained, or 
                        converted without authorization.
            ``(B) The term `espionage' includes economic espionage.
            ``(54) The term `improper interference in a United States 
        election' means conduct by an alien that--
                    ``(A)(i) violates Federal criminal, voting rights, 
                or campaign finance law; or
                    ``(ii) is under the direction of--
                            ``(I) a foreign government; or
                            ``(II) an intermediary individual or entity 
                        that seeks to serve, support, or benefit a 
                        foreign government; and
                    ``(B) interferes with a general or primary Federal, 
                State, or local election or caucus, including--
                            ``(i) the campaign of a candidate; and
                            ``(ii) a ballot measure, including--
                                    ``(I) an amendment;
                                    ``(II) a bond issue;
                                    ``(III) an initiative;
                                    ``(IV) a recall;
                                    ``(V) a referral; and
                                    ``(VI) a referendum.
            ``(55) The term `theft of a trade secret' means conduct--
                    ``(A) in violation of--
                            ``(i) chapter 90 of title 18, United States 
                        Code (commonly known as the `Economic Espionage 
                        Act of 1996'); or
                            ``(ii) any other Federal criminal law 
                        relating to an activity described in 
                        subparagraph (B); or
                    ``(B)(i) by an alien who is under the direction 
                of--
                            ``(I) a foreign government; or
                            ``(II) an intermediary individual or entity 
                        that seeks to serve, support, or benefit a 
                        foreign government; and
                    ``(ii) with respect to a trade secret relating to a 
                product or service used or intended for use in 
                interstate or foreign commerce, that constitutes--
                            ``(I) stealing or, without authorization, 
                        appropriating, taking, carrying away, 
                        concealing, or, by fraud, artifice, or 
                        deception, obtaining such trade secret for the 
                        economic benefit of any person other than the 
                        owner of the trade secret;
                            ``(II) without authorization, copying, 
                        duplicating, sketching, drawing, photographing, 
                        downloading, uploading, altering, destroying, 
                        photocopying, replicating, transmitting, 
                        delivering, sending, mailing, communicating, or 
                        conveying such trade secret; or
                            ``(III) receiving, buying, or possessing 
                        such trade secret, knowing that the trade 
                        secret has been stolen or appropriated, 
                        obtained, or converted without 
                        authorization.''.
    (b) Inadmissibility.--Section 212(a)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(3)) is amended by adding at the end 
the following:
                    ``(H) Espionage and theft of trade secrets.--An 
                alien is inadmissible if a consular officer, the 
                Secretary of Homeland Security, the Secretary of State, 
                or the Attorney General knows, or has reasonable 
                grounds to believe--
                            ``(i) the alien is seeking admission or 
                        sought admission to the United States to engage 
                        in espionage or theft of a trade secret;
                            ``(ii) the alien has engaged or intends to 
                        engage in espionage or theft of a trade secret; 
                        or
                            ``(iii) the affiliation or activities of 
                        the alien with, or the control of the alien by, 
                        an individual, an entity, or a funding 
                        mechanism known or reasonably believed to be 
                        engaged in, or to have the intention of 
                        engaging in, espionage or theft of a trade 
                        secret.
                    ``(I) Improper interference in a united states 
                election.--Any alien who a consular officer, the 
                Secretary of Homeland Security, the Secretary of State, 
                or the Attorney General knows, or has reasonable 
                grounds to believe, is seeking admission to the United 
                States to engage in improper interference in a United 
                States election, or who has engaged in improper 
                interference in a United States election, is 
                inadmissible.''.
    (c) Deportability.--Section 237(a) of the Immigration and 
Nationality Act (8 U.S.C. 1227(a)) is amended by adding at the end the 
following:
            ``(8) Espionage and theft of trade secrets.--Any alien who 
        has engaged, is engaged, or at any time after admission engages 
        in espionage or theft of a trade secret is deportable.
            ``(9) Improper interference in a united states election.--
        Any alien who has engaged, is engaged, or at any time after 
        admission engages in improper interference in a United States 
        election is deportable.''.

SEC. 402. VISA AND NONIMMIGRANT STATUS RESTRICTIONS.

    (a) Period of Authorized Stay for Certain Citizens and Nationals of 
the People's Republic of China.--Section 214(a)(2) of the Immigration 
and Nationality Act (8 U.S.C. 1184(a)(2)) is amended by adding at the 
end the following:
            ``(C)(i) The period of authorized stay for a citizen or 
        national of the People's Republic of China who seeks admission 
        to the United States as a nonimmigrant described in 
        subparagraph (F), (J), or (M) of section 101(a)(15) to study, 
        research, teach, or work in any field described in the most 
        recent technology alert list of the Department of State or in 
        section 221(j)(1)--
                    ``(I) shall be--
                            ``(aa) a fixed period of not more than 4 
                        years; or
                            ``(bb) the length of the program identified 
                        on the Form I-20, Certificate of Eligibility 
                        for Nonimmigrant Student Status, or the Form 
                        DS-2019, Certificate of Eligibility for 
                        Exchange Visitor Status, as applicable, of such 
                        citizen or national of the People's Republic of 
                        China; and
                    ``(II) may be extended by the Secretary of Homeland 
                Security for 1 or more additional periods of not more 
                than 2 years.
            ``(ii) This subparagraph shall not apply to any national of 
        Hong Kong or Macau.''.
    (b) Prohibition on Issuance of Visas to Certain Citizens and 
Nationals of the People's Republic of China.--Section 221 of the 
Immigration and Nationality Act (8 U.S.C. 1201) is amended by adding at 
the end the following:
    ``(j) Prohibition on Issuance of Visas to Certain Citizens and 
Nationals of the People's Republic of China.--
            ``(1) In general.--The Secretary of State shall deny a visa 
        to, and the Secretary of Homeland Security shall not admit into 
        the United States, or grant a change of nonimmigrant status to, 
        an alien who is a citizen or national of the People's Republic 
        of China if the Secretary of State or the Secretary of Homeland 
        Security determines that the alien--
                    ``(A) presents a risk to national security; or
                    ``(B) otherwise seeks to enter the United States to 
                participate in graduate-level coursework or research at 
                an institution of higher education (as defined in 
                section 101(a) of the Higher Education Act of 1965 (20 
                U.S.C. 1001(a))) in a field described in paragraph (2).
            ``(2) Fields described.--The fields described in this 
        paragraph are--
                    ``(A) the military or intelligence sector;
                    ``(B) the energy sector;
                    ``(C) nuclear science or nuclear engineering;
                    ``(D) high-end numerical control machinery and 
                robotics;
                    ``(E) autonomous systems or machine learning;
                    ``(F) artificial intelligence;
                    ``(G) production and application of high-
                performance medical devices;
                    ``(H) semiconductors;
                    ``(I) new energy vehicles;
                    ``(J) mobile phone technology;
                    ``(K) next-generation information technology;
                    ``(L) aviation, aeronautics, or space;
                    ``(M) biomedicine; and
                    ``(N) any related field, as determined by the 
                Secretary of State or the Secretary of Homeland 
                Security.
            ``(3) Termination of status.--
                    ``(A) In general.--With respect to an alien who is 
                a citizen or national of the People's Republic of China 
                who has been admitted to the United States as a 
                nonimmigrant described in subparagraph (F), (J), or (M) 
                of section 101(a)(15), the Secretary of Homeland 
                Security shall terminate the status and employment 
                authorization of, and revoke any petition approval of 
                or on behalf of, the alien if the Secretary determines 
                that after such admission the alien--
                            ``(i) has engaged in an activity or 
                        affiliation that presents a risk to national 
                        security; or
                            ``(ii) has changed his or her program, 
                        course of study, research, or employment to 
                        graduate-level coursework or research at an 
                        institution of higher education in a field 
                        described in paragraph (2).
                    ``(B) Failure to maintain nonimmigrant status.--Any 
                change or attempted change described in subparagraph 
                (A) shall be considered to be a failure to maintain 
                nonimmigrant status under this Act.
            ``(4) Inapplicability to nationals of hong kong and 
        macau.--This subsection shall not apply to any national of Hong 
        Kong or Macau.''.
    (c) Applicability.--The amendments made by this section shall apply 
with respect to--
            (1) any visa application filed on or after the date of the 
        enactment of this Act; and
            (2) the status of any alien, except for a national of Hong 
        Kong or Macau, who--
                    (A) is a citizen or national of the People's 
                Republic of China, regardless of the country of the 
                passport presented by, or the country of residence of, 
                the alien;
                    (B) before, on, or after the date of the enactment 
                of this Act, has been or is admitted to the United 
                States as a nonimmigrant described in subparagraph (F), 
                (J), or (M) of section 101(a)(15) of the Immigration 
                and Nationality Act (8 U.S.C. 1101(a)(15)); and
                    (C) has changed or changes his or her program, 
                course of study, research, or employment to graduate-
                level coursework or research at an institution of 
                higher education (as defined in section 101(a) of the 
                Higher Education Act of 1965 (20 U.S.C. 1001(a))) in a 
                field described in section 221(j)(1) of the Immigration 
                and Nationality Act (as added by subsection (b)).

              TITLE V--GOVERNMENT-FUNDED RESEARCH PROJECTS

SEC. 501. FINDINGS.

     Congress find the following:
            (1) The People's Republic of China (referred to in this 
        subsection as ``the PRC'' or ``China'') poses an existential 
        threat to the economic interests and national security of the 
        United States, in part due to the continued efforts of the PRC 
        to steal sensitive technology and proprietary information from 
        companies, academic institutions, and other organizations of 
        the United States through economic espionage and other forms of 
        nontraditional espionage.
            (2) The PRC, through the Chinese Communist Party (referred 
        to in this subsection as the ``CCP''), has long had an interest 
        in replacing the United States as the world's foremost 
        superpower. China takes a holistic approach towards achieving 
        its long-term goals, which are rooted in the concept of a 
        comprehensive national power, including achieving dominance in 
        economics, military affairs, science and technology, education, 
        and global influence.
            (3) Nontraditional forms of espionage serve as primary 
        tools to further the goals of the CCP. Those tools include 
        talent recruitment programs designed to recruit Chinese 
        nationals to acquire knowledge about--and, often, steal--
        valuable and sensitive research at universities and research 
        institutions abroad, and to lure foreign experts to China to 
        work on key strategic programs. More broadly, the PRC uses 
        mergers and acquisitions or joint ventures as a means to gain 
        access to high-level technology, uses cyber intrusions to steal 
        information, and uses front companies for PRC-related entities 
        to acquire export-controlled technology.
            (4) In 2015, President Xi Jinping of the PRC released the 
        ``Made in China 2025'' initiative, a 10-year plan to update the 
        manufacturing base of China by developing the following 10 
        high-tech industries:
                    (A) Electric cars and other new energy vehicles.
                    (B) Next-generation information technology and 
                telecommunications.
                    (C) Advanced robotics and artificial intelligence.
                    (D) Aerospace equipment.
                    (E) Bio-medicine and high-end medical equipment.
                    (F) Ocean engineering equipment and high-end 
                vessels.
                    (G) High-end rail transportation equipment.
                    (H) Electrical equipment.
                    (I) Farming machines.
                    (J) New materials, such as polymers.
            (5) In attempting to overtake the United States and achieve 
        its Made in China 2025 goals, China has systematically sought 
        to identify areas of American innovation, education, and 
        technology that could be replicated, stolen, or appropriated.
            (6) The very nature of the open society of the United 
        States--a free market economy that incentivizes creativity and 
        ingenuity and promotes the free flow of capital and ideas, a 
        higher education system and scientific research community that 
        encourages collaboration domestically and internationally, and 
        a liberal democratic government that lacks a top-down, 
        authoritarian structure--creates opportunities for the PRC to 
        target the United States in ways that are either not adequately 
        protected or not even anticipated as possible threats.
            (7) The Director of the Federal Bureau of Investigation has 
        assessed that ``there's no country that's even close'' to the 
        PRC when it comes to foreign espionage, in traditional or 
        nontraditional forms.
            (8) As the 2018 Foreign Economic Espionage in Cyberspace 
        report of the National Counterintelligence and Security Center 
        (commonly known as the ``NCSC'') stated, China has expansive 
        efforts in place to acquire United States technology, including 
        sensitive trade secrets and proprietary information. China 
        continues to use cyber espionage to support its strategic 
        development goals--science and technology advancement, military 
        modernization, and economic policy objectives. Chinese 
        companies and individuals often acquire United States 
        technology for commercial and scientific purposes.
            (9) In April 2020, the Office of the United States Trade 
        Representative (referred to in this subsection as the ``USTR'') 
        issued its annual Special 301 Report, in which the USTR reviews 
        the state of intellectual property protection and enforcement 
        in trading partners of the United States around the world. The 
        USTR continues to place China on the Priority Watch List, which 
        reflects ``United States concerns with China's system of 
        pressuring and coercing technology transfer, and the continued 
        need for fundamental structural changes to strengthen IP 
        protection and enforcement, including as to trade secret theft, 
        obstacles to protecting trademarks, online piracy and 
        counterfeiting, the high-volume manufacturing and export of 
        counterfeit goods, and impediments to pharmaceutical 
        innovation.''.
            (10) The theft of intellectual property, trade secrets, 
        sensitive technology, and scientific and other academic 
        research all contribute to China's goal of achieving preeminent 
        superpower status. China's failure to respect intellectual 
        property rights, failure to adhere to the rule of law, and 
        efforts to obtain intellectual property, trade secrets, 
        technology, and research through improper or illicit means all 
        pose a significant economic and national security threat to the 
        United States.
            (11) In recent years, China has increased its use of 
        nontraditional espionage to target colleges and universities in 
        the United States, particularly with respect to cutting edge 
        research and technologies being developed by such universities, 
        including technology that has military applications.
            (12) The universities of the United States provide fertile 
        ground for nontraditional espionage given the open, 
        international, and collaborative nature of most university 
        research and the legitimate interest of universities in 
        encouraging international collaboration.
            (13) While the United States benefits from attracting the 
        top research talent from around the world, universities 
        nevertheless must take appropriate measures to ensure that 
        China is not able to use academic collaboration to steal United 
        States intellectual property or engage in other activities that 
        might harm the national security of the United States.
            (14) In response to the increased wave of nontraditional 
        espionage over recent years, the Department of Justice launched 
        a China Initiative in 2018. The goal of the China Initiative is 
        to identify and prosecute individuals and entities engaged in 
        economic and other nontraditional espionage, trade secret 
        theft, hacking, and other crimes, while protecting critical 
        infrastructure against external threats and combating covert 
        efforts to influence the American public.
            (15) Several recent criminal and civil enforcement actions 
        taken by the Department of Justice highlight China's pervasive 
        and illegal targeting of intellectual property and valuable 
        research from United States universities, including the 
        following:
                    (A) Dr. Qing Wang was a former employee of the 
                Cleveland Clinic Foundation. He had received more than 
                $3,000,000 in grant funding from the National 
                Institutes of Health (commonly known as ``NIH''). Dr. 
                Wang was charged in a criminal complaint with knowingly 
                failing to disclose to NIH that he was Dean of the 
                College of Life Sciences and Technology at the Huazhong 
                University of Science and Technology (referred to in 
                this subparagraph as ``HUST'') and received grant funds 
                from the National Natural Science Foundation of China 
                for some of the same scientific research funded by NIH. 
                Dr. Wang also allegedly participated in the Thousand 
                Talents Program, for which China provided $3,000,000 in 
                research support to enhance the facilities and 
                operations at HUST. Federal law enforcement agencies 
                arrested Dr. Wang in May 2020.
                    (B) Dr. James Patrick Lewis was a tenured professor 
                at West Virginia University in the physics department 
                from 2006 to 2019. In July 2017, Dr. Lewis entered into 
                a contract of employment with the PRC through its 
                Global Experts Thousand Talents Plan. In March 2020, 
                Dr. Lewis pled guilty to 1 count of Federal program 
                fraud.
                    (C) Anming Hu, an Associate Professor in the 
                Department of Mechanical, Aerospace, and Biomedical 
                Engineering at the University of Tennessee, Knoxville 
                (commonly known as ``UT''), allegedly engaged in a 
                scheme to defraud the National Aeronautics and Space 
                Administration (commonly known as ``NASA'') by 
                concealing his affiliation with Beijing University of 
                Technology (referred to in this subparagraph as 
                ``BJUT''). Hu's false representations to UT about his 
                affiliation with BJUT caused UT to falsely certify to 
                NASA that UT was in compliance with Federal law. In 
                February 2020, Mr. Hu was indicted on Federal charges 
                of wire fraud and false statements.
                    (D) Dr. Charles Lieber served as the Principal 
                Investigator of the Lieber Research Group at Harvard 
                University, which specialized in the area of 
                nanoscience. Dr. Lieber had received more than 
                $15,000,000 in grant funding from NIH and the 
                Department of Defense since 2008. Unbeknownst to 
                Harvard University, beginning in 2011, Lieber allegedly 
                became a ``Strategic Scientist'' at Wuhan University of 
                Technology in China (referred to in this subparagraph 
                as ``WUT'') and was a contractual participant in the 
                Thousand Talents Plan from 2012 to 2017. Under the 
                terms of the Thousand Talents contract, WUT paid Lieber 
                $50,000 per month, paid him living expenses of up to 
                approximately $158,000, and awarded him more than 
                $1,500,000 to establish a research lab at WUT. In 
                return, Lieber was obligated to work for WUT for 9 
                months per year. Lieber lied about his involvement with 
                WUT to both Harvard University and Federal 
                investigators. In January 2020, Lieber was arrested and 
                charged with making a materially false, fictitious and 
                fraudulent statement.
                    (E) In January 2020, Yanqing Ye, a Chinese 
                national, Lieutenant of the People's Liberation Army 
                (referred to in this subparagraph as the ``PLA''), and 
                member of the CCP, was indicted on visa fraud, false 
                statements, and acting as an agent of a foreign power 
                without prior notification. Ye allegedly falsely 
                identified as a student and lied about her ongoing 
                military service at the National University of Defense 
                Technology. While studying at Boston University's 
                Department of Physics, Chemistry, and Biomedical 
                Engineering, Ye continued to work as a PLA Lieutenant 
                and completed assignments from PLA officers, including 
                conducting research, assessing United States military 
                websites, and sending United States documents and 
                information to China.
                    (F) In January 2020, Zaoson Zheng, a Chinese 
                national, was arrested at Logan Airport in Boston and 
                charged with attempting to smuggle 21 vials of 
                biological research to China. Zheng had allegedly 
                entered the United States in 2018 on a J-1 visa and 
                conducted cancer cell research at Beth Israel Deaconess 
                Medical Center in Boston. Zheng admitted he stole the 
                vials from a lab at Beth Israel, and that he intended 
                to bring the vials to China, use them to conduct 
                research in his own laboratory, and publish the results 
                under his own name.
                    (G) In December 2019, the Van Andel Research 
                Institute (referred to in this subparagraph as 
                ``VARI'') reached a settlement with the Department of 
                Justice to pay $5,500,000 to resolve allegations that 
                it violated the law commonly known as the False Claims 
                Act (section 3729 through 3733 of title 31, United 
                States Code) by failing to disclose, in Federal grant 
                applications and progress reports submitted to NIH, 
                that the Chinese government funded 2 VARI researchers 
                through grants. The VARI researchers were receiving 
                research funding from Chinese sources while VARI was 
                applying for and receiving NIH funding on their behalf.
                    (H) In September 2019, Yu Zhou and Li Chen were 
                charged with crimes related to stealing exosome-related 
                trade secrets. Zhou and Chen, spouses who worked in 
                separate medical research labs at the Nationwide 
                Children's Hospital Research Institute, conspired to 
                steal scientific trade secrets related to exosomes and 
                exosome isolation from the Research Institute. The 
                couple allegedly founded a company in China without the 
                hospital's knowledge. While employed at the Research 
                Institute, they marketed products and services related 
                to exosome isolation through their Chinese company. 
                They also founded an American biotechnology company 
                advertising products and services related to exosomes 
                isolation, including a kit developed from a trade 
                secret created at a Nationwide Children's research lab. 
                They eventually received more than $876,000 and stock 
                related to an asset purchase agreement involving the 
                American company.
                    (I) In August 2019, Feng Tao, an associate 
                professor at Kansas University, was indicted on Federal 
                charges for concealing the fact that he was a full-time 
                employee for Fuzhou University in China while doing 
                research at Kansas University funded by the United 
                States Government. Tao allegedly defrauded the United 
                States Government by unlawfully receiving Federal grant 
                money at the same time that he was employed and paid by 
                a Chinese research university.
                    (J) Weiqiang Zhang, a Chinese national and United 
                States legal permanent resident, acquired, without 
                authorization, hundreds of rice seeds produced by his 
                employer, Ventria Bioscience. Ventria is a Kansas 
                biopharmaceutical research facility that develops 
                genetically programmed rice to express recombinant 
                human proteins, which are then extracted for use in the 
                therapeutic and medical fields. Ventria spent millions 
                of dollars and years of research developing its seeds 
                and cost-effective methods to extract the proteins. 
                Ventria used locked doors with magnetic card readers to 
                restrict access to the temperature-controlled 
                environment where the seeds were stored and processed. 
                Zhang worked as a rice breeder for Ventria. In 2013, 
                personnel from a crop research institute in China 
                visited Zhang at his home in Kansas. Zhang drove the 
                visitors to tour facilities in several States. United 
                States Customs and Border Protection officers found 
                seeds belonging to Ventria in the luggage of Zhang's 
                visitors as they prepared to leave the United States 
                for China. In April 2018, Zhang was sentenced to 121 
                months in a Federal prison after having been convicted 
                in February 2017 of 1 count of conspiracy to steal 
                trade secrets, 1 count of conspiracy to commit 
                interstate transportation of stolen property, and 1 
                count of interstate transportation of stolen property.
            (16) It remains a national security priority for the United 
        States to protect the research and innovation developed in 
        United States colleges and universities from misappropriation 
        by any country, including the PRC.

SEC. 502. DEFINITIONS.

    In this title:
            (1) Agency head.--The term ``agency head'', with respect to 
        a covered research project, means the head of the covered 
        agency providing the funding for the covered research project.
            (2) Covered agency.--The term ``covered agency'' means--
                    (A) the Department of Defense;
                    (B) the Department of Energy; and
                    (C) an element of the intelligence community, as 
                defined in section 3 of the National Security Act of 
                1947 (50 U.S.C. 3003).
            (3) Covered country.--The term ``covered country'' means--
                    (A) the People's Republic of China; and
                    (B) any other country designated by the Director, 
                based on findings similar to the findings under 
                subsection (a), which shall include consideration of--
                            (i) whether the country poses an 
                        existential threat to the economic interests 
                        and national security of the United States;
                            (ii) whether the country engages in 
                        persistent efforts to steal sensitive 
                        technology and proprietary information from 
                        companies, academic institutions, and other 
                        organizations of the United States through 
                        economic espionage and other forms of 
                        nontraditional espionage;
                            (iii) whether nontraditional forms of 
                        espionage serve as primary tools to further the 
                        goals of the country;
                            (iv) whether the nontraditional forms of 
                        espionage described in clause (iii) include--
                                    (I) talent recruitment programs 
                                designed to recruit the country's 
                                nationals to acquire knowledge about--
                                and, often, steal--valuable and 
                                sensitive research at universities and 
                                research institutions abroad;
                                    (II) luring foreign experts to the 
                                country to work on key strategic 
                                programs;
                                    (III) using mergers and 
                                acquisitions or joint ventures as a 
                                means to gain access to high-level 
                                technology;
                                    (IV) using cyber intrusions to 
                                steal information; and
                                    (V) using front companies for 
                                state-affiliated entities to acquire 
                                export-controlled technology;
                            (v) whether the country has systematically 
                        sought to identify areas of United States 
                        innovation, education, and technology that 
                        could be replicated, stolen, or appropriated; 
                        and
                            (vi) whether the Office of the United 
                        States Trade Representative has placed the 
                        country on the Priority Watch List.
            (4) Covered person.--The term ``covered person'' means an 
        individual or institution of higher education that has a 
        financial relationship with--
                    (A) a covered country;
                    (B) a political party within a covered country;
                    (C) a person who acts as an agent, representative, 
                employee, or servant of a covered country; or
                    (D) a person who acts in any other capacity at the 
                order or request, or under the direction or control, of 
                a covered country.
            (5) Covered research project.--The term ``covered research 
        project'' means a research project at an institution of higher 
        education--
                    (A) that is funded in whole or in part by a covered 
                agency; and
                    (B) the subject of which is--
                            (i) an item subject to the Export Control 
                        Reform Act of 2018 (20 U.S.C. 4801 et seq.);
                            (ii) an item listed on the Commerce Control 
                        List (commonly known as the ``CCL'') set forth 
                        in Supplement No. 1 to part 774 of title 15, 
                        Code of Federal Regulations; or
                            (iii) an item listed on the United States 
                        Munitions List under section 38(a)(1) of the 
                        Arms Export Control Act (22 U.S.C. 2778(a)(1)).
            (6) Director.--The term ``Director'' means the Director of 
        National Intelligence.
            (7) Financial relationship.--The term ``financial 
        relationship'' means--
                    (A) any arrangement under which compensation is 
                provided, directly or indirectly, by a covered country, 
                or another entity or person described in subparagraph 
                (B), (C), or (D) of paragraph (4), to--
                            (i) a covered person; or
                            (ii) an institution of higher education; or
                    (B) any direct or indirect ownership or investment 
                interest by a covered country, or another entity or 
                person described in subparagraph (B), (C), or (D) of 
                paragraph (4), in an institution of higher education.
            (8) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).

SEC. 503. APPROVAL OF COVERED PERSONS IN SENSITIVE GOVERNMENT-FUNDED 
              RESEARCH PROJECTS.

    (a) Approval Required.--
            (1) In general.--A covered person may not participate in a 
        covered research project unless the covered person applies for 
        and receives approval from the agency head to participate.
            (2) Requirements.--An agency head may not approve a covered 
        person to participate in a covered research project unless the 
        agency head--
                    (A) performs a background check on the covered 
                person in consultation with the Director; and
                    (B) collects any other relevant information about 
                the covered person that the agency head determines 
                appropriate, except any information pertaining to 
                United States persons that the agency head is 
                prohibited by law from collecting.
    (b) Penalty.--If an agency head determines that a covered person 
participating in a covered research project commenced on the date of 
enactment of this section has violated subsection (a), the agency head 
may--
            (1) impose a probationary period, not to exceed 6 months, 
        on the head of the project or the project;
            (2) reduce, limit, or eliminate the funding for the project 
        until the violation is remedied;
            (3) permanently eliminate the funding for the project; or
            (4) take any other action determined appropriate by the 
        agency head.

SEC. 504. DISCLOSURE OF RESEARCH ASSISTANCE FROM FOREIGN GOVERNMENTS.

    (a) In General.--Chapter 45 of title 18, United States Code, is 
amended by inserting after section 951 the following:
``Sec. 951A. Disclosure of research assistance from foreign governments
    ``(a) Definitions.--In this section--
            ``(1) the terms `agent of a foreign principal' and `foreign 
        principal' have the meanings given those terms in section 1 of 
        the Foreign Agents Registration Act of 1938, as amended (22 
        U.S.C. 611);
            ``(2) the term `covered research project' has the meaning 
        given the term in section 502 of the Combating Chinese 
        Purloining of Trade Secrets Act; and
            ``(3) the term `institution of higher education' has the 
        meaning given the term in section 101 of the Higher Education 
        Act of 1965 (20 U.S.C. 1001).
    ``(b) Funding and Other Assistance.--
            ``(1) Failure to disclose foreign funding.--
                    ``(A) Offense.--It shall be unlawful for a person, 
                while applying for or accepting a grant or other 
                funding from an agency of the United States for a 
                covered research project, to knowingly and willfully 
                fail to disclose to the agency any grant or other 
                funding that the person has received or will receive 
                for the same project from a foreign principal or an 
                agent of a foreign principal, including through an 
                intermediary.
                    ``(B) Penalty.--Any person who violates 
                subparagraph (A) shall be fined under this title, 
                imprisoned for not more than 3 years, or both.
            ``(2) Failure to disclose material facts.--
                    ``(A) Offense.--It shall be unlawful for a person, 
                while applying for or accepting a grant or other 
                funding from an agency of the United States for a 
                covered research project, to knowingly and willfully 
                fail to disclose to the agency a material fact relating 
                to a connection between a foreign country and the 
                project that might substantially impact the decision of 
                the agency to provide funding to the project, including 
                the fact that a person providing any assistance, 
                including financial assistance, to the project is--
                            ``(i) a national of a foreign country;
                            ``(ii) affiliated with an institution 
                        comparable to an institution of higher 
                        education of higher learning, or another 
                        organization, that is headquartered in or 
                        substantially funded by a foreign country; or
                            ``(iii) engaging in research activities for 
                        the project in a foreign country.
                    ``(B) Penalty.--Any person who violates 
                subparagraph (A) shall be fined under this title, 
                imprisoned for not more than 1 year, or both.
            ``(3) Institutions of higher education.--Any institution of 
        higher education that knowingly and willfully fails to disclose 
        to the appropriate agency of the United States that an officer, 
        agent, or employee of the institution of higher education 
        violated this subsection shall be fined not more than 
        $1,000,000 for each such violation.
    ``(c) Transmission of Information.--
            ``(1) Offense.--It shall be unlawful for any person, while 
        applying for or accepting a grant or other funding from an 
        agency of the United States for a covered research project, to 
        knowingly transmit or attempt to transmit information gained in 
        violation of a contract to which the person is a party, 
        including a contract regarding nondisclosure of information, 
        employment, or the provision of goods or services, intending or 
        knowing that the transmission will benefit a foreign principal 
        or an agent of a foreign principal.
            ``(2) Penalty.--Any person who violates paragraph (1) shall 
        be fined under this title, imprisoned for not more than 10 
        years, or both.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 45 of title 18, United States Code, is amended by inserting 
after the item relating to section 950 the following:

``951A. Disclosure of research assistance from foreign governments.''.
                                 <all>