[Congressional Record Volume 166, Number 217 (Sunday, December 20, 2020)]
[Senate]
[Pages S7871-S7872]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         PROTECTING AMERICAN INTELLECTUAL PROPERTY ACT OF 2020

  Mr. BLUNT. Mr. President, as if in legislative session, I ask 
unanimous consent that the Committee on Banking, Housing, and Urban 
Affairs be discharged from further consideration of S. 3952 and the 
Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 3952) to require the imposition of sanctions 
     with respect to foreign persons that have engaged in 
     significant theft of trade secrets of United States persons, 
     and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. BLUNT. I ask unanimous consent that the Van Hollen substitute 
amendment, which is at the desk, be considered and agreed to and that 
the bill, as amended, be considered read a third time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 2724) in the nature of a substitute was agreed to, 
as follows

                (Purpose: In the nature of a substitute)

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Protecting American 
     Intellectual Property Act of 2020''.

     SEC. 2. 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 knowingly engaged in, or 
     benefitted from, significant 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 provided significant 
     financial, material, or technological support for, or goods 
     or services in support of or to benefit significantly from, 
     such theft;

[[Page S7872]]

       (iii) 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) or 
     (ii); and
       (iv) any foreign person that is a chief executive officer 
     or member of the board of directors of any foreign entity 
     identified under clause (i) or (ii); 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 (iv) of 
     subparagraph (A) engaged in, or benefitted from, activity 
     described in clause (i) or (ii) of that subparagraph.
       (2) 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 entity list.--The President may include 
     the entity on the entity list maintained by the Bureau of 
     Industry and Security of the Department of Commerce and set 
     forth in Supplement No. 4 to part 744 of the Export 
     Administration Regulations, for activities contrary to the 
     national security or foreign policy interests of the United 
     States.
       (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) 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.
       (d) National Interest 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 
     interests of the United States; and
       (2) not more than 15 days after issuing the waiver, 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, before the termination takes effect, that the 
     person is no longer engaged in the activity identified in the 
     report.
       (f) 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) Law enforcement activities.--Sanctions under this 
     section shall not apply with respect to any authorized law 
     enforcement activities of the United States.
       (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.
       (g) Exception Relating to Importation of Goods.--
       (1) In general.--The authority or a requirement to impose 
     sanctions under this section shall not include the authority 
     or a requirement to impose sanctions on the importation of 
     goods.
       (2) 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.
       (h) 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;
       (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; or
       (C) any person in the United States.

  The bill was ordered to be engrossed for a third reading and was read 
the third time.
  Mr. BLUNT. I know of no further debate on the bill, as amended.
  The PRESIDING OFFICER. Is there further debate?
  Hearing none, the bill having been read the third time, the question 
is, Shall the bill pass?
  The bill (S. 3952), as amended, was passed.
  Mr. BLUNT. I ask unanimous consent that the motion to reconsider be 
considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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