S.Amdt. 2648

1. Adds TITLE VIII--MISCELLANEOUS at the end of the bill

   Adds a title

   In S. 3414 · Placed on Calendar Senate

   (21) Third party.--The term "third party" includes Federal entities and non-Federal entities.

   Inserted: TITLE VIII--MISCELLANEOUS

   Inserted: SEC. 801. ACTIONS TO ADDRESS FOREIGN ECONOMIC OR INDUSTRIAL ESPIONAGE IN CYBERSPACE.

   Inserted: (a) Report Required.--

   Inserted: (1) In general.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Director of National Intelligence shall submit to the appropriate congressional committees a report on foreign economic and industrial espionage in cyberspace during the 12-month period preceding the submission of the report that--

   Inserted: (A) identifies--

   Inserted: (i) foreign countries that engage in economic or industrial espionage in cyberspace with respect to trade secrets owned by United States persons;

   Inserted: (ii) foreign countries identified under clause (i) that the Director determines engage in the most egregious economic or industrial espionage in cyberspace with respect to trade secrets owned by United States persons (in this section referred to as "priority foreign countries");

   Inserted: (iii) technologies developed by United States persons that--

   Inserted: (I) are targeted for economic or industrial espionage in cyberspace; and

   Inserted: (II) to the extent practicable, have been appropriated through such espionage; and

   Inserted: (iv) articles manufactured or otherwise produced using technologies described in clause (iii);

   Inserted: (B) describes the economic or industrial espionage engaged in by the foreign countries identified under subparagraph (A); and

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   Inserted: (C) describes--

   Inserted: (i) actions taken by the Director and other Federal agencies to decrease the prevalence of economic or industrial espionage in cyberspace; and

   Inserted: (ii) the progress made in decreasing the prevalence of economic or industrial espionage in cyberspace.

   Inserted: (2) Determination of foreign countries engaging in economic or industrial espionage in cyberspace.--For purposes of paragraph (1)(A), the Director shall identify a foreign country as a foreign country that engages in economic or industrial espionage in cyberspace with respect to trade secrets owned by United States persons if the government of the foreign country--

   Inserted: (A) engages in economic or industrial espionage in cyberspace with respect to trade secrets owned by United States persons; or

   Inserted: (B) facilitates, supports, fails to prosecute, or otherwise tolerates such espionage by--

   Inserted: (i) individuals who are citizens or residents of the foreign country; or

   Inserted: (ii) entities that are organized under the laws of the foreign country or are otherwise subject to the jurisdiction of the government of the foreign country.

   Inserted: (3) Form of report.--Each report required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex.

   Inserted: (b) Referral to United States International Trade Commission.--The Director of National Intelligence shall refer the report required by subsection (a) to the United States International Trade Commission for appropriate action under section 337 of the Tariff Act of 1930 (19 U.S.C. 1337).

   Inserted: (c) Definitions.--In this section:

   Inserted: (1) Appropriate congressional committees.--The term "appropriate congressional committees" means--

   Inserted: (A) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Finance, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and

   Inserted: (B) the Committee on Armed Services, the Committee on Homeland Security, the Committee on Foreign Affairs, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives.

   Inserted: (2) Cyberspace.--The term "cyberspace"--

   Inserted: (A) means the interdependent network of information technology infrastructures; and

   Inserted: (B) includes the Internet, telecommunications networks, computer systems, and embedded processors and controllers.

   Inserted: (3) Economic or industrial espionage.--The term "economic or industrial espionage" means--

   Inserted: (A) stealing a trade secret or appropriating, taking, carrying away, or concealing, or by fraud, artifice, or deception obtaining, a trade secret without the authorization of the owner of the trade secret;

   Inserted: (B) copying, duplicating, downloading, uploading, destroying, transmitting, delivering, sending, communicating, or conveying a trade secret without the authorization of the owner of the trade secret; or

   Inserted: (C) knowingly receiving, buying, or possessing a trade secret that has been stolen or appropriated, obtained, or converted without the authorization of the owner of the trade secret.

   Inserted: (4) Own.--The term "own", with respect to a trade secret, means to hold rightful legal or equitable title to, or license in, the trade secret.

   Inserted: (5) Person.--The term "person" means an individual or entity.

   Inserted: (6) Technology.--The term "technology" has the meaning given that term in section 16 of the Export Administration Act of 1979 (50 U.S.C. App. 2415) (as in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)).

   Inserted: (7) Trade secret.--The term "trade secret" has the meaning given that term in section 1839 of title 18, United States Code.

   Inserted: (8) United states person.--The term "United States person" means--

   Inserted: (A) an individual who is a citizen of the United States or an alien lawfully admitted for permanent residence to the United States; or

   Inserted: (B) an entity organized under the laws of the United States or any jurisdiction within the United States.

   Original wording

   At the end, add the following:

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As printed