Accountability for Persistent Intellectual Property Theft Act
This bill directs the President to impose visa- and property-blocking sanctions on certain Chinese nationals and entities that knowingly engage in a pattern of significant theft of intellectual property belonging to a U.S. individual or entity. Specifically, these sanctions shall apply to (1) each Chinese national engaging in such theft who is not a U.S. national or permanent resident, (2) each entity engaging in such theft that is organized under Chinese law or owned by a Chinese national, and (3) each non-U.S. entity or individual engaging in such theft under the direction of a Chinese national or entity organized under Chinese law.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8846 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 8846
To authorize the imposition of sanctions on certain persons engaged in
a pattern of significant theft of United States intellectual property,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 3, 2020
Mr. Chabot introduced the following bill; which was referred to the
Committee on Foreign Affairs, and in addition to the Committee on the
Judiciary, 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 authorize the imposition of sanctions on certain persons engaged in
a pattern of significant theft of United States intellectual property,
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 ``Accountability for Persistent
Intellectual Property Theft Act''.
SEC. 2. IMPOSITION OF SANCTIONS.
(a) In General.--The President shall impose the sanctions described
in subsection (b) with respect to each person described in subsection
(c) the President determines, on or after the date of the enactment of
this Act, is knowingly engaging in a pattern of significant theft of
the intellectual property of United States persons.
(b) Sanctions Imposed.--The sanctions described in this subsection
are the following:
(1) Asset blocking.--The exercise of all powers granted to
the President by the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.) to the extent necessary to block
and prohibit all transactions in all property and interests in
property of a person described in subsection (a) 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) Aliens ineligible for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien
described in subsection (a) is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--The issuing consular
officer, the Secretary of State, or the
Secretary of Homeland Security (or a designee
of one of such Secretaries) shall, in
accordance with section 221(i) of the
Immigration and Nationality Act (8 U.S.C.
1201(i)), revoke any visa or other entry
documentation issued to an alien who the
Secretary of State or the Secretary of Homeland
Security (or a designee of one of such
Secretaries) determines is described in
subsection (a), regardless of when the visa or
other documentation is issued.
(ii) Effect of revocation.--A revocation
under clause (i) shall take effect immediately
and shall automatically cancel any other valid
visa or entry documentation that is in the
alien's possession.
(3) Exception to comply with united nations headquarters
agreement.--The authority to impose the sanctions described in
paragraph (2)(B) shall not apply to an alien if admitting the
alien into the United States is necessary to permit the United
States to comply with 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, or other applicable
international obligations.
(c) Persons Described.--A person described in this section is one
of the following:
(1) An individual who--
(A) is a national of the People's Republic of China
or acting at the direction of a national or entity of
the People's Republic of China; and
(B) is not a United States person.
(2) An entity that is--
(A) organized under the laws of the People's
Republic of China or of any jurisdiction within the
People's Republic of China;
(B) owned or controlled by individuals who are
nationals of the People's Republic of China; or
(C) owned or controlled by an entity described in
subparagraph (A) and is not a United States person.
(d) Penalties; Implementation.--
(1) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of
subsection (a) or any regulation, license, or order issued to
carry out subsection (a) 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.
(2) Implementation.--The President may exercise all
authorities provided to the President under sections 203 and
205 of the International Emergency Economic Powers Act (50
U.S.C. 1702 and 1704) for purposes of carrying out this
section.
(e) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate a report
that specifies each person the President determines meets the
criteria described in subsection (a) for the imposition of
sanctions.
(2) Termination of sanctions.--The President may terminate
sanctions imposed under subsection (a) with respect to a person
if the President certifies to the Committee on Foreign Affairs
of the House of Representatives and the Committee on Foreign
Relations of the Senate that such person is no longer engaging
in efforts to steal United States intellectual property.
(f) Waiver.--The President may waive the imposition of sanctions
under subsection (a) on a case-by-case basis with respect to a person
if the President--
(1) certifies to the Committee on Foreign Affairs and the
Committee on the Judiciary of the House of Representatives and
the Committee on Foreign Relations and the Committee on the
Judiciary of the Senate that such waiver is in the national
security interests of the United States; and
(2) includes a justification for such certification.
(g) 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) United states person.--The term ``United States
person'' means--
(A) an individual who is 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.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, 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 Committee on the Judiciary, 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.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line