,,ii #aacth ,,congress #b;d ,session ,s4 #bchd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #bb1 #bjad ,mr4 ,levin 7for himself1 ,mr4 ,mc,cain1 ,mr4 ,rockefeller1 and ,mr4 ,coburn7 introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs ,a ,,bill ,to require the ,president to develop a watch list and a priority watch list of foreign countries that engage in economic or industrial espionage in cyberspace with respect to ,united ,states trade secrets or proprietary information1 to provide for the imposition of sanctions with respect to foreign persons that knowingly benefit from such espionage1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,deter ,cyber ,theft ,act of #bjad4 #b4 ,actions to address economic or industrial espionage in cyberspace 7a7 ,report required 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter1 the ,president shall submit to the appropriate congressional committees a report on foreign economic and industrial espionage in cyberspace during the #ab-month period preceding the submission of the report that-- 7,a7 identifies-- 7i7 foreign countries that engage in economic or industrial espionage in cyberspace with respect to trade secrets or proprietary information owned by ,united ,states persons2 7ii7 foreign countries identified under clause 7i7 that the ,president determines engage in the most egregious economic or industrial espionage in cyberspace with respect to such trade secrets or proprietary information 7in this section referred to as priority foreign countries72 7iii7 technologies or proprietary information developed by ,united ,states persons that-- 7,i7 are targeted for economic or industrial espionage in cyberspace2 and 7,,ii7 to the extent practicable1 have been appropriated through such espionage2 7iv7 articles manufactured or otherwise produced using technologies or proprietary information described in clause 7iii77,,ii72 and 7v7 to the extent practicable1 services provided using such technologies or proprietary information2 7,b7 describes the economic or industrial espionage engaged in by the foreign countries identified under clauses 7i7 and 7ii7 of subparagraph 7,a72 and 7,c7 describes-- 7i7 actions taken by the ,president to decrease the prevalence of economic or industrial espionage in cyberspace2 and 7ii7 the progress made in decreasing the prevalence of such espionage4 7#b7 ,determination of foreign countries engaging in economic or industrial espionage in cyberspace ,for purposes of clauses 7i7 and 7ii7 of paragraph 7#a77;,a71 the ,president shall identify a foreign country as a foreign country that engages in economic or industrial espionage in cyberspace with respect to trade secrets or proprietary information owned by ,united ,states persons if the government of the foreign country-- 7,a7 engages in economic or industrial espionage in cyberspace with respect to trade secrets or proprietary information owned by ,united ,states persons2 or 7,b7 facilitates1 supports1 fails to prosecute1 or otherwise permits such espionage by-- 7i7 individuals who are citizens or residents of the foreign country2 or 7ii7 entities that are organized under the laws of the foreign country or are otherwise subject to the jurisdiction of the government of the foreign country4 7#c7 ,form of report ,each report required by paragraph 7#a7 shall be submitted in unclassified form but may contain a classified annex4 7b7 ,imposition of sanctions 7#a7 ,in general ,the ,president may1 pursuant to the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq471 block and prohibit all transactions in all property and interests in property of each person described in paragraph 7#b71 if such property and interests in property are in the ,united ,states1 come within the ,united ,states1 or are or come within the possession or control of a ,united ,states person4 7#b7 ,persons described ,a person described in this paragraph is a foreign person the ,president determines knowingly requests1 engages in1 supports1 facilitates1 or benefits from the significant appropriation1 through economic or industrial espionage in cyberspace1 of technologies or proprietary information developed by ,united ,states persons4 7#c7 ,exception ,the authority to impose sanctions under paragraph 7#a7 shall not include the authority to impose sanctions on the importation of goods4 7c7 ,definitions ,in this section3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,armed ,services1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,committee on ,finance1 the ,committee on ,foreign ,relations1 and the ,select ,committee on ,intelligence of the ,senate2 and 7,b7 the ,committee on ,armed ,services1 the ,committee on ,homeland ,security1 the ,committee on ,financial ,services1 the ,committee on ,foreign ,affairs1 the ,committee on ,ways and ,means1 and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 7#b7 ,cyberspace ,the term cyberspace-- 7,a7 means the interdependent network of information technology infrastructures2 and 7,b7 includes the ,internet1 telecommunications networks1 computer systems1 and embedded processors and controllers4 7#c7 ,economic or industrial espionage ,the term economic or industrial espionage means-- 7,a7 stealing a trade secret or proprietary information or appropriating1 taking1 carrying away1 or concealing1 or by fraud1 artifice1 or deception obtaining1 a trade secret or proprietary information without the authorization of the owner of the trade secret or proprietary information2 7,b7 copying1 duplicating1 downloading1 uploading1 destroying1 transmitting1 delivering1 sending1 communicating1 or conveying a trade secret or proprietary information without the authorization of the owner of the trade secret or proprietary information2 or 7,c7 knowingly receiving1 buying1 or possessing a trade secret or proprietary information that has been stolen or appropriated1 obtained1 or converted without the authorization of the owner of the trade secret or proprietary information4 7#d7 ,knowingly ,the term knowingly1 with respect to conduct1 a circumstance1 or a result1 means that a person has actual knowledge1 or should have known1 of the conduct1 the circumstance1 or the result4 7#e7 ,own ,the term own1 with respect to a trade secret or proprietary information1 means to hold rightful legal or equitable title to1 or license in1 the trade secret or proprietary information4 7#f7 ,person ,the term person means an individual or entity4 7#g7 ,proprietary information ,the term proprietary information means competitive bid preparations1 negotiating strategies1 executive emails1 internal financial data1 strategic business plans1 technical designs1 manufacturing processes1 source code1 data derived from research and development investments1 and other commercially valuable information that a person has developed or obtained if-- 7,a7 the person has taken reasonable measures to keep the information confidential2 and 7,b7 the information is not generally known or readily ascertainable through proper means by the public4 7#h7 ,technology ,the term technology has the meaning given that term in section #af of the ,export ,administration ,act of #aigi 7#ej ,u4,s4,c4 ,app4 #bdae7 7as in effect pursuant to the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq4774 7#i7 ,trade secret ,the term trade secret has the meaning given that term in section #ahci of title #ah1 ,united ,states ,code4 7#aj7 ,united ,states person ,the term ,united ,states person means-- 7,a7 an individual who is a citizen or resident of the ,united ,states2 or 7,b7 an entity organized under the laws of the ,united ,states or any jurisdiction within the ,united ,states4