US Codex
Bill
Notes

S. 3952 — what changed

Protecting American Intellectual Property Act of 2020

From Introduced in Senate to Engrossed in Senate. 1 section amended between Introduced in Senate and Engrossed in Senate.

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)
changed any foreign person that has knowingly 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)
changed any foreign person that has materially assisted provided significant financial, material, or sponsored technological support for, or goods or services in support of or to benefit significantly from, such theft;
(iii)
changed any foreign person entity owned or controlled by, or that has provided financial, material, acted or technological support for, purported to act for or goods on behalf of, directly or services in support of indirectly, any foreign person identified under clause (i) or to benefit from, such theft;(ii); and
(iv)
changed any entity owned or controlled by, or foreign person that has acted or purported to act for or on behalf of, directly is a chief executive officer or indirectly, member of the board of directors of any foreign person entity identified under clause (i), (ii), (i) or (iii); (ii); and
(v)
removed 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)
changed assessing whether any chief executive officer or member of the board of directors described in clause (v) (iv) of subparagraph (A) engaged in, or benefitted from, activity described in clause (i), (ii), (i) or (iii) (ii) of that subparagraph.
(2)
removed 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.
(2)
renumbered was (2)(4) Form of report— Each report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex.
(b)
changed Authority To 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)
changed Inclusion on denied persons entity list— The President may include the entity on the Denied Persons List entity list maintained by the Bureau of Industry and Security of the Department of Commerce pursuant and set forth in Supplement No. 4 to section 764.3(a)(2) part 744 of the Export Administration Regulations.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)
changed Exceptions—Implementation; penalties—
(1)
removed 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)
removed Exception relating to importation of goods—
(A)
removed 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)
removed 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)
removed 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)
removed National security waiver— The President may waive the imposition of sanctions under subsection (b) with respect to a person if the President—
(1)
removed determines that such a waiver is in the national security interests of the United States; and
(2)
removed submits to the appropriate congressional committees a notification of the waiver and the reasons for the waiver.
(e)
removed 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)
removed Implementation; penalties—
(1)
renumbered was (7)(2) 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)
renumbered was (7)(3) 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)
added National interest waiver— The President may waive the imposition of sanctions under subsection (b) with respect to a person if the President—
(1)
added determines that such a waiver is in the national interests of the United States; and
(2)
added 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)
added 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)
added Exceptions—
(1)
added 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)
added Law enforcement activities— Sanctions under this section shall not apply with respect to any authorized law enforcement activities of the United States.
(3)
added 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)
added Exception relating to importation of goods—
(1)
added 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)
added 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)
renumbered was (8) Definitions— In this section:
(1)
renumbered was (8)(3) Appropriate congressional committees— The term appropriate congressional committees means—
(A)
renumbered was (8)(3)(3) the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate; and
(B)
renumbered was (8)(3)(4) the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives.
(2)
renumbered was (8)(4) Export administration regulations— The term Export Administration Regulations means subchapter C of chapter VII of title 15, Code of Federal Regulations.
(3)
renumbered was (8)(5) Foreign entity— The term foreign entity means an entity that is not a United States person.
(4)
renumbered was (8)(6) Foreign person— The term foreign person means a person that is not a United States person.
(5)
renumbered was (8)(7) Trade secret— The term trade secret has the meaning given that term in section 1839 of title 18, United States Code.
(6)
renumbered was (8)(8) Person— The term person means an individual or entity.
(7)
added United states person— The term United States person means—
(A)
added a United States citizen or an alien lawfully admitted for permanent residence to the United States;
(B)
added 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)
added any person in the United States.
(7)
removed United States person— The term United States person means—
(A)
removed a United States citizen or an alien lawfully admitted for permanent residence to the United States; or
(B)
removed 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.