[Congressional Record Volume 166, Number 117 (Thursday, June 25, 2020)]
[Senate]
[Pages S3375-S3376]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1847. Mr. VAN HOLLEN (for himself and Mr. Sasse) submitted an
amendment intended to be proposed by him to the bill S. 4049, to
authorize appropriations for fiscal year 2021 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 XII, insert the
following:
[[Page S3376]]
SEC. 12__. IMPOSITION OF SANCTIONS WITH RESPECT TO THEFT OF
TRADE SECRETS OF UNITED STATES PERSONS.
(a) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and not less frequently than every
180 days thereafter, the President shall submit to the
appropriate congressional committees a report--
(A) identifying, for the 180-day period preceding
submission of the report--
(i) any foreign person that has engaged in, or benefitted
from, significant and serial theft of trade secrets of United
States persons, if the theft of such trade secrets is
reasonably likely to result in, or has materially contributed
to, a significant threat to the national security, foreign
policy, or economic health or financial stability of the
United States;
(ii) any foreign person that has materially assisted or
sponsored such theft;
(iii) any foreign person that has provided financial,
material, or technological support for, or goods or services
in support of or to benefit from, such theft;
(iv) any entity owned or controlled by, or that has acted
or purported to act for or on behalf of, directly or
indirectly, any foreign person identified under clause (i),
(ii), or (iii); and
(v) any chief executive officer or member of the board of
directors of any foreign entity identified under clause (i),
(ii), or (iii); and
(B) describing the nature, objective, and outcome of the
theft of trade secrets each foreign person described in
subparagraph (A)(i) engaged in or benefitted from; and
(C) assessing whether any chief executive officer or member
of the board of directors described in clause (v) of
subparagraph (A) engaged in, or benefitted from, activity
described in clause (i), (ii), or (iii) of that subparagraph.
(2) Exception.--The President is not required to include in
a report required by paragraph (1) the name of any foreign
person that is the subject of an active United States law
enforcement investigation.
(3) Form of report.--Each report required by paragraph (1)
shall be submitted in unclassified form but may include a
classified annex.
(b) Authority to Impose Sanctions.--
(1) Sanctions applicable to entities.--In the case of a
foreign entity identified under subparagraph (A) of
subsection (a)(1) in the most recent report submitted under
that subsection, the President shall impose one of the
following:
(A) Blocking of property.--The President may, pursuant to
the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.), block and prohibit all transactions in all
property and interests in property of the entity if such
property and interests in property are in the United States,
come within the United States, or are or come within the
possession or control of a United States person.
(B) Inclusion on denied persons list.--The President may
include the entity on the Denied Persons List maintained by
the Bureau of Industry and Security of the Department of
Commerce pursuant to section 764.3(a)(2) of the Export
Administration Regulations.
(2) Sanctions applicable to individuals.--In the case of an
individual identified under subparagraph (A) of subsection
(a)(1) in the most recent report submitted under that
subsection, the following shall apply:
(A) Blocking of property.--The President shall, pursuant to
the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.), block and prohibit all transactions in all
property and interests in property of the individual if such
property and interests in property are in the United States,
come within the United States, or are or come within the
possession or control of a United States person.
(B) Visa ban; exclusion.--The Secretary of State shall deny
a visa to the individual and revoke, in accordance with
section 221(i) of the Immigration and Nationality Act (8
U.S.C. 1201(i)), any visa or other documentation of the
individual, and the Secretary of Homeland Security shall
exclude the individual from the United States.
(c) Exceptions.--
(1) Intelligence activities.--This section shall not apply
with respect to activities subject to the reporting
requirements under title V of the National Security Act of
1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence
activities of the United States.
(2) Exception relating to importation of goods.--
(A) In general.--The authority to impose sanctions under
paragraph (1)(A) or (2)(A) of subsection (b) shall not
include the authority or a requirement to impose sanctions on
the importation of goods.
(B) Good defined.--In this paragraph, the term ``good''
means any article, natural or manmade substance, material,
supply, or manufactured product, including inspection and
test equipment, and excluding technical data.
(3) Exception to comply with international agreements.--
Subsection (b)(2)(B) shall not apply with respect to the
admission of an individual to the United States if such
admission is necessary to comply with the obligations of the
United States under the Agreement regarding the Headquarters
of the United Nations, signed at Lake Success June 26, 1947,
and entered into force November 21, 1947, between the United
Nations and the United States, under the Convention on
Consular Relations, done at Vienna April 24, 1963, and
entered into force March 19, 1967, or under other
international agreements.
(d) National Security Waiver.--The President may waive the
imposition of sanctions under subsection (b) with respect to
a person if the President--
(1) determines that such a waiver is in the national
security interests of the United States; and
(2) submits to the appropriate congressional committees a
notification of the waiver and the reasons for the waiver.
(e) Termination of Sanctions.--Sanctions imposed under
subsection (b) with respect to a foreign person identified in
a report submitted under subsection (a) shall terminate if
the President certifies to the appropriate congressional
committees that the person is no longer engaged in the
activity identified in the report.
(f) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702
and 1704) to carry out this section.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of
paragraph (1)(A) or (2)(A) of subsection (b) or any
regulation, license, or order issued to carry out that
paragraph shall be subject to the penalties set forth in
subsections (b) and (c) of section 206 of the International
Emergency Economic Powers Act (50 U.S.C. 1705) to the same
extent as a person that commits an unlawful act described in
subsection (a) of that section.
(g) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban Affairs
and the Committee on Foreign Relations of the Senate; and
(B) the Committee on Financial Services and the Committee
on Foreign Affairs of the House of Representatives.
(2) Export administration regulations.--The term ``Export
Administration Regulations'' means subchapter C of chapter
VII of title 15, Code of Federal Regulations.
(3) Foreign entity.--The term ``foreign entity'' means an
entity that is not a United States person.
(4) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(5) Trade secret.--The term ``trade secret'' has the
meaning given that term in section 1839 of title 18, United
States Code.
(6) Person.--The term ``person'' means an individual or
entity.
(7) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States; or
(B) an entity organized under the laws of the United States
or of any jurisdiction within the United States, including a
foreign branch of such an entity.
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