S.Amdt. 1397

1. Adds SEC. __. ECONOMIC ESPIONAGE, TRADE SECRET THEFT, AND COMPUTER FRAUD wherever appropriate

   Adds a section

   Inserted: SEC. __. ECONOMIC ESPIONAGE, TRADE SECRET THEFT, AND COMPUTER FRAUD.

   Inserted: Section of 801 the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (as enacted into law by section 1000(a)(7) of Public Law 106-113 and contained in appendix G of that Act; 113 Stat. 1501A-405; 8 U.S.C. 1182e) is amended by adding at the end the following:

   Inserted: "(d) Economic Espionage, Trade Secret Theft, and Computer Fraud.--

   Inserted: "(1) Requirement for assessment.--Not later than 180 days after the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act, and annually thereafter, the Director of National Intelligence, in consultation with the Attorney General, shall identify and report to the President foreign entities, including entities owned or controlled by the government of a foreign country, that request, engage in, support, or knowingly facilitate or benefit from violations of section 1030, 1831, or 1832 of title 18, United States Code.

   Inserted: "(2) Other requirements.--Each report submitted under paragraph (1) shall be based on available intelligence and submitted to the President in an appropriate form.

   Inserted: "(3) Denial or conditioning of visas.--

   Inserted: "(A) Designation of entities.--The President may designate a foreign entity identified pursuant to paragraph (1) as an entity responsible for economic espionage, trade secret theft, or computer fraud.

   Inserted: "(B) Denial or conditioning of visas of aliens affiliated with designated entities.--The President may--

   Inserted: "(i) authorize the Secretary of State to deny or impose conditions on the issuance of visas to aliens who are, or during the past 10 years have been, affiliated with designated entities; and

   Inserted: "(ii) authorize the Secretary of Homeland Security to deny or impose conditions on admission to aliens who are, or during the past 10 years have been, affiliated with designated entities.

   Inserted: "(C) Aliens affiliated with designated entities.--For the purpose of subparagraph (B) the term 'affiliated with designated entities', with respect to an alien, includes aliens who requested, engaged in, supported, or knowingly facilitated or benefitted from a violation of section 1830, 1831, or 1832 of title 18, United States Code, that was committed on behalf of an entity designated by the President under subparagraph (A).

   Inserted: "(4) Waiver.--The Secretary of State or the Secretary of Homeland Security may, in consultation with the Director of National Intelligence, determine, in such Secretary's discretion, that because of an alien's cooperation with the United States government or other extenuating circumstances, it is not in the national interest to impose sanctions on an alien under paragraph (3).

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   Inserted: "(5) Exception.--A sanction may not be imposed under paragraph (3) in the case of an alien who is a head of state, head of government, or cabinet-level minister, or if admitting the alien to the United States is necessary to permit the United States to comply with the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed June 26, 1947, and entered into force November 21, 1947, and other applicable international obligations.".

   The amendment doesn't say where this goes; the clerk decides.

   Original wording

   At the appropriate place, insert the following:

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As printed