[Congressional Record Volume 165, Number 99 (Thursday, June 13, 2019)]
[Senate]
[Page S3573]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 551. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title X, insert the following:

     SEC. ___. PROHIBITION ON RELIEF RELATING TO PATENT 
                   INFRINGEMENT.

       (a) Definition.--In this section, the term ``covered 
     entity''--
       (1) means an entity that--
       (A) is owned by, controlled by, affiliated with, or acting 
     at the direction of an entity that is organized under the 
     laws of, or otherwise subject to the jurisdiction of, a 
     country, the government of which is on the priority watch 
     list established by the United States Trade Representative 
     pursuant to section 182(a) of the Trade Act of 1974 (19 
     U.S.C. 2242(a)); and
       (B) has engaged in an action that is prohibited under--
       (i) section 1(a) of Executive Order 13873 (84 Fed. Reg. 
     22689; relating to securing the information and 
     communications technology and services supply chain); or
       (ii) any regulations issued in response to the Executive 
     Order described in clause (i); and
       (2) includes any subsidiary, affiliate, employee, or 
     representative of, and any related party with respect to, an 
     entity described in paragraph (1), without regard to the 
     location or jurisdiction of incorporation of that subsidiary, 
     affiliate, employee, representative, or party, as applicable.
       (b) Prohibition.--Notwithstanding any other provision of 
     law or regulation, no covered entity may--
       (1) bring or maintain an action for infringement of a 
     patent under title 35, United States Code;
       (2) file a complaint with the United States International 
     Trade Commission for an investigation under section 337 of 
     the Tariff Act of 1930 (19 U.S.C. 1337); or
       (3) otherwise obtain any relief under the laws of the 
     United States, including for damages, injunctive relief, or 
     other redress, with respect to a patent issued by the United 
     States Patent and Trademark Office.
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