Cyber Economic Espionage Accountability Act - Expresses the sense of Congress that:
Directs the President to submit to Congress, publish, and update a list of foreign government officials or persons acting on behalf of a foreign government that the President determines, based on credible information, are responsible for cyber espionage of intellectual property of U.S. persons or have acted as an agent of, or on behalf of, a person in a matter relating to such cyber espionage activity.
Defines a "U.S. person" as: (1) a U.S. citizen or an alien lawfully admitted for permanent residence to the United States; or (2) 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.
Requires the list to be publicly available in unclassified form, but permits persons to be listed in a classified annex if the President determines it is vital for U.S. national security interests.
Makes aliens appearing on the list ineligible to: (1) receive a visa to enter the United States, and (2) be admitted to the United States. Requires the Secretary of State to revoke the visa or other documentation of any alien who would be ineligible under such standard. Authorizes the Secretary to waive such ineligibility to comply with international obligations or for national security purposes.
Directs the President to exercise powers granted by the International Emergency Economic Powers Act (except with respect to the national emergency declaration requirements for unusual and extraordinary threats) to freeze and prohibit all transactions in all property and property interests of a listed person if such property and interests are in the United States, come within the United States, or are or come within the possession or control of a U.S. person. Exempts persons included on the classified annex if the President determines that such an exception is vital for U.S. national security interests. Permits waivers by the Secretary of the Treasury for U.S. national security interests.
Sets forth penalties under the International Emergency Economic Powers Act.
Directs the Treasury Secretary to prescribe regulations requiring financial institutions to certify that, to the best of their knowledge, they have frozen all listed persons' assets within their possession or control (if such property and interests are in the United States) that are required to be frozen.
Requires persons listed by the President under this Act to be included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2281 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2281
To combat cyber espionage of intellectual property of United States
persons, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 6, 2013
Mr. Rogers of Michigan (for himself and Mr. Ryan of Ohio) introduced
the following bill; which was referred to the Committee on Foreign
Affairs, and in addition to the Committees on the Judiciary and
Financial Services, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To combat cyber espionage of intellectual property of United States
persons, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cyber Economic Espionage
Accountability Act''.
SEC. 2. FINDINGS AND SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) The United States faces persistent cyber espionage of
intellectual property from foreign governments that threatens
United States economic and national security interests, results
in an unfair competitive advantage for foreign companies, and
is a major contributor to the loss of manufacturing jobs in the
United States.
(2) Cyber espionage of intellectual property by foreign
actors is one of the most pressing issues facing innovators and
entrepreneurs in the United States today.
(3) The National Counterintelligence Executive stated in
its October 2011 biennial economic espionage report that
``Chinese actors are the world's most active and persistent
perpetrators of economic espionage'' and that ``United States
private sector firms and cybersecurity specialists have
reported an onslaught of computer network intrusions that have
originated in China''.
(4) The National Counterintelligence Executive also stated
that ``Russia's intelligence services are conducting a range of
activities to collect economic information and technology from
U.S. targets''.
(5) The People's Republic of China, the Russian Federation,
and other countries threaten the privacy of United States
citizens by accessing and exploiting personally identifiable
information through cyber economic espionage.
(6) The People's Republic of China, the Russian Federation,
and other countries responsible for such cyber economic
espionage are members of the World Trade Organization (WTO) and
have agreed to comply with the global system of rules and
obligations governing the international commerce and trade
among member states.
(7) The United States has recognized the membership of the
People's Republic of China, the Russian Federation, and other
countries into the WTO by granting them Permanent Normal Trade
Relations (PNTR) status under United States law.
(8) Cyber economic espionage undermines the cooperative
relationships between the United States and countries
tolerating or encouraging such activities.
(b) Sense of Congress.--It is the sense of Congress that--
(1) cyber economic espionage should be a priority issue in
all economic and diplomatic discussions with the People's
Republic of China, including during all meetings of the U.S.-
China Strategic and Economic Dialogue, and with the Russian
Federation and other countries determined to encourage,
tolerate, or conduct such cyber economic espionage at
appropriate bilateral meetings;
(2) the United States should intensify diplomatic efforts
in appropriate international fora such as the United Nations,
the Organisation for Economic Cooperation and Development
(OECD), and summits such as the G-8 and G-20 summits, to
address the harm to the international economic order by cyber
economic espionage; and
(3) the Department of Justice should increase its efforts
to bring economic espionage criminal cases against offending
foreign actors, with penalties to include both fines and
imprisonment, as well as encourage further cooperation among
countries to address cyber economic espionage through criminal
prosecutions.
SEC. 3. IDENTIFICATION OF PERSONS RESPONSIBLE FOR CYBER ESPIONAGE OF
INTELLECTUAL PROPERTY OF UNITED STATES PERSONS.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the President shall submit to the appropriate
congressional committees a list of persons who are officials of a
foreign government or persons acting on behalf of a foreign government
that the President determines, based on credible information--
(1) are responsible for cyber espionage of intellectual
property of United States persons; or
(2) acted as an agent of or on behalf of a person in a
matter relating to an activity described in paragraph (1).
(b) Updates.--The President shall submit to the appropriate
congressional committees an update of the list required by subsection
(a) as new information becomes available.
(c) Form.--
(1) In general.--The list required by subsection (a) shall
be submitted in unclassified form.
(2) Exception.--The name of a person to be included in the
list required by subsection (a) may be submitted in a
classified annex only if the President--
(A) determines that it is vital for the national
security interests of the United States to do so;
(B) uses the annex in such a manner consistent with
congressional intent and the purposes of this Act; and
(C) 15 days prior to submitting the name in a
classified annex, provides to the appropriate
congressional committees notice of, and a justification
for, including or continuing to include each person in
the classified annex despite any publicly available
credible information indicating that the person engaged
in an activity described in paragraph (1) or (2) of
subsection (a).
(3) Public availability.--The unclassified portion of the
list required by subsection (a) shall be made available to the
public and published in the Federal Register.
(d) Removal From List.--A person may be removed from the list
required by subsection (a) if the President determines and reports to
the appropriate congressional committees not less than 15 days prior to
the removal of the person from the list that credible information
exists that the person did not engage in the activity for which the
person was added to the list.
(e) Requests by Chairperson and Ranking Member of Appropriate
Congressional Committees.--
(1) In general.--Not later than 120 days after receiving a
written request from the chairperson and ranking member of one
of the appropriate congressional committees with respect to
whether a person meets the criteria for being added to the list
required by subsection (a), the President shall submit a
response to the chairperson and ranking member of the committee
which made the request with respect to the status of the
person.
(2) Form.--The President may submit a response required by
paragraph (1) in classified form if the President determines
that it is necessary for the national security interests of the
United States to do so.
(3) Removal.--If the President removes from the list
required by subsection (a) a person who has been placed on the
list at the request of the chairperson and ranking member of
one of the appropriate congressional committees, the President
shall provide the chairperson and ranking member with any
information that contributed to the removal decision. The
President may submit such information in classified form if the
President determines that such is necessary for the national
security interests of the United States.
(f) Nonapplicability of Confidentiality Requirement With Respect to
Visa Records.--The President shall publish the list required by
subsection (a) without regard to the requirements of section 222(f) of
the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to
confidentiality of records pertaining to the issuance or refusal of
visas or permits to enter the United States.
SEC. 4. INADMISSIBILITY OF CERTAIN ALIENS.
(a) Ineligibility for Visas.--An alien is ineligible to receive a
visa to enter the United States and ineligible to be admitted to the
United States if the alien is on the list required by section 3(a).
(b) Current Visas Revoked.--The Secretary of State, in consultation
with the Secretary of Homeland Security, shall revoke, in accordance
with section 221(i) of the Immigration and Nationality Act (8 U.S.C.
1201(i)), the visa or other documentation of any alien who would be
ineligible to receive such a visa or documentation under subsection (a)
of this section.
(c) Waiver for National Security Interests.--
(1) In general.--The Secretary of State may waive the
application of subsection (a) or (b) in the case of an alien
if--
(A) the Secretary determines that such a waiver--
(i) 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, or other applicable
international obligations of the United States;
or
(ii) is in the national security interests
of the United States; and
(B) prior to granting such a waiver, the Secretary
provides to the appropriate congressional committees
notice of, and a justification for, the waiver.
(2) Timing for certain waivers.--Notification under
subparagraph (B) of paragraph (1) shall be made not later than
15 days prior to granting a waiver under such paragraph if the
Secretary grants such waiver in the national security interests
of the United States in accordance with subparagraph (A)(ii) of
such paragraph.
(d) Regulatory Authority.--The Secretary of State shall prescribe
such regulations as are necessary to carry out this section.
SEC. 5. FINANCIAL MEASURES.
(a) Freezing of Assets.--
(1) In general.--The President shall exercise all powers
granted by the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) (except that the requirements of section
202 of such Act (50 U.S.C. 1701) shall not apply) to the extent
necessary to freeze and prohibit all transactions in all
property and interests in property of a person who is on the
list required by section 3(a) of this Act 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.
(2) Exception.--Paragraph (1) shall not apply to persons
included on the classified annex under section 3(c)(2) if the
President determines that such an exception is vital for the
national security interests of the United States.
(b) Waiver for National Security Interests.--The Secretary of the
Treasury may waive the application of subsection (a) if the Secretary
determines that such a waiver is in the national security interests of
the United States. Not less than 15 days prior to granting such a
waiver, the Secretary shall provide to the appropriate congressional
committees notice of, and a justification for, the waiver.
(c) Enforcement.--
(1) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
section or any regulation, license, or order issued to carry
out this section 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 such section.
(2) Requirements for financial institutions.--Not later
than 120 days after the date of the enactment of this Act, the
Secretary of the Treasury shall prescribe or amend regulations
as needed to require each financial institution that is a
United States person and has within its possession or control
assets that are property or interests in property of a person
who is on the list required by section 3(a) if such property
and interests in property are in the United States to certify
to the Secretary that, to the best of the knowledge of the
financial institution, the financial institution has frozen all
assets within the possession or control of the financial
institution that are required to be frozen pursuant to
subsection (a).
(d) Specially Designated Nationals List.--The Secretary of the
Treasury shall include on the list of specially designated nationals
and blocked persons maintained by the Office of Foreign Assets Control
of the Department of the Treasury each person who is on the list
required by section 3(a) of this Act.
(e) Regulatory Authority.--The Secretary of the Treasury shall
issue such regulations, licenses, and orders as are necessary to carry
out this section.
SEC. 6. REPORT TO CONGRESS.
Not later than one year after the date of the enactment of this Act
and annually thereafter, the Secretary of State and the Secretary of
the Treasury shall submit to the appropriate congressional committees a
report on--
(1) the actions taken to carry out this Act, including--
(A) the number of persons added to or removed from
the list required by section 3(a) during the year
preceding the report, the dates on which such persons
have been added or removed, and the reasons for adding
or removing them; and
(B) if few or no such persons have been added to
that list during that year, the reasons for not adding
more such persons to the list; and
(2) efforts by the executive branch to encourage the
governments of other countries to impose sanctions that are
similar to the sanctions imposed under this Act.
SEC. 7. DEFINITIONS.
In this Act:
(1) Admitted; alien.--The terms ``admitted'' and ``alien''
have the meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee
on Financial Services, the Committee on Foreign
Affairs, the Committee on Homeland Security, the
Committee on the Judiciary, and the Permanent Select
Committee on Intelligence of the House of
Representatives; and
(B) the Committee on Armed Services, the Committee
on Banking, Housing, and Urban Affairs, the Committee
on Foreign Relations, the Committee on Homeland
Security and Governmental Affairs, the Committee on the
Judiciary, and the Select Committee on Intelligence of
the Senate.
(3) Financial institution.--The term ``financial
institution'' has the meaning given that term in section 5312
of title 31, United States Code.
(4) 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;
or
(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.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Courts, Intellectual Property, and the Internet.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
Referred to the Subcommittee on Immigration and Border Security.
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