S.Amdt. 656

SA 656. Mr. ROMNEY submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 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 end of subtitle E of title XII, add the following:

SEC. 1262. REPORTS ON THEFT OF INTELLECTUAL PROPERTY
CONDUCTED BY CHINESE PERSONS.

(a) Classified Report.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to Congress a report on theft of
intellectual property conducted by Chinese persons.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) An identification of the United States entities from
which a Chinese person has conducted theft of intellectual
property.
(B) For each United States entity identified under
subparagraph (A), to the extent practicable--
(i) a description of the type of intellectual property
theft;
(ii) an assessment of whether the theft made the United
States entity vulnerable or unable to compete;
(iii) an identification of the Chinese person or Chinese
persons that conducted the theft; and
(iv) an identification of any Chinese person that is using
or has used the stolen intellectual property in commercial
activity in the United States.
(C) An identification of United States entities that have
gone out of business in part due to theft of intellectual
property conducted by Chinese persons.
(3) Form.--The report required by paragraph (1) shall be
submitted in classified form.
(b) Unclassified Report.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to Congress and make available to
the public an unclassified report on theft of intellectual
property conducted by Chinese persons.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) An identification of any Chinese person that--
(i) has conducted theft of intellectual property from one
or more United States entities; or
(ii) is using or has used intellectual property stolen by a
Chinese person in commercial activity in the United States.
(B) A general description of the intellectual property
involved.
(C) For each Chinese person identified under subparagraph
(A), an assessment of whether that person is using or has
used the stolen intellectual property in commercial activity
in the United States.
(c) Definitions.--In this section:
(1) Agency or instrumentality of the government of the
people's republic of china.--The term ``agency or
instrumentality of the Government of the People's Republic of
China'' means any entity--
(A) that is a separate legal person, corporate or
otherwise;
(B) that is an organ of the Government of the People's
Republic of China or a political subdivision thereof, or a
majority of whose shares or other ownership interest is owned
by that government or a political subdivision thereof; and
(C) that is neither a citizen of the United States, nor
created under the laws of any third country.
(2) Chinese person.--The term ``Chinese person'' means--
(A) an individual who is a citizen or national of the
People's Republic of China;
(B) an entity organized under the laws of the People's
Republic of China or otherwise subject to the jurisdiction of
the Government of the People's Republic of China; or
(C) the Government of the People's Republic of China or any
agency or instrumentality of the Government of the People's
Republic of China.
(3) Commercial activity.--The term ``commercial activity''
means either a regular course of commercial conduct or a
particular commercial transaction or act. The commercial
character of an activity shall be determined by reference to
the nature of the course of conduct or particular transaction
or act, rather than by reference to its purpose.
(4) Intellectual property.--The term ``intellectual
property'' means--
(A) any work protected by a copyright under title 17,
United States Code;
(B) any property protected by a patent granted by the
United States Patent and Trademark Office under title 35,
United States Code;

[[Page S3683]]

(C) any word, name, symbol, or device, or any combination
thereof, that is registered as a trademark with the United
States Patent and Trademark Office under the Act entitled
``An Act to provide for the registration and protection of
trademarks used in commerce, to carry out the provisions of
certain international conventions, and for other purposes'',
approved July 5, 1946 (commonly known as the ``Lanham Act''
or the ``Trademark Act of 1946'') (15 U.S.C. 1051 et seq.);
(D) a trade secret (as defined in section 1839 of title 18,
United States Code); or
(E) any other form of intellectual property.
(5) United states entity.--The term ``United States
entity'' means an entity organized under the laws of the
United States or any jurisdiction within the United States.
______