,,ii #aacth ,,congress #ast ,session ,s4 #hhd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #g1 #bjac ,mr4 ,levin 7for himself1 ,mr4 ,mc,cain1 ,mr4 ,coburn1 and ,mr4 ,rockefeller7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to require the ,director of ,national ,intelligence 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 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,deter ,cyber ,theft ,act4 #b4 ,actions to address foreign 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 ,director of ,national ,intelligence 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 ,director 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 7v7 services provided using such technologies or proprietary information2 and 7vi7 foreign entities1 including entities owned or controlled by the government of a foreign country1 that request1 engage in1 support1 facilitate1 or benefit from the appropriation through economic or industrial espionage in cyberspace of technologies or proprietary information developed by ,united ,states persons2 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 ,director and other ,federal agencies 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 ,director 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 ,prioritization of collection and analysis of information ,the ,president shall direct the ,director to make it a priority for the intelligence community to collect and analyze information in order to identify articles described in clause 7iv7 of paragraph 7#a77;,a71 services described in clause 7v7 of that paragraph1 and entities described in clause 7vi7 of that paragraph4 7#d7 ,form of report ,each report required by paragraph 7#a7 shall be submitted in unclassified form but may contain a classified annex4 7b7 ,action by ,president 7#a7 ,in general ,not later than #abj days after each report required by subsection 7a77#a7 is submitted1 the ,president shall direct ,u4,s4 ,customs and ,border ,protection to exclude from entry into the ,united ,states an article described in paragraph 7#b7 if the ,president determines the exclusion of the article is warranted-- 7,a7 for the enforcement of intellectual property rights2 or 7,b7 to protect the integrity of the ,department of ,defense supply chain4 7#b7 ,article described ,an article described in this paragraph is an article-- 7,a7 identified under subsection 7a77#a77;,a77iv72 7,b7 produced or exported by an entity that-- 7i7 is owned or controlled by the government of a priority foreign country2 and 7ii7 produces or exports articles that are the same as or similar to articles manufactured or otherwise produced using technologies or proprietary information identified under subsection 7a77#a77;,a77iii72 or 7,c7 produced or exported by an entity identified under subsection 7a77#a77;,a77vi74 7c7 ,consistency with international agreements ,this section shall be applied in a manner that is consistent with the obligations of the ,united ,states under international agreements4 7d7 ,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 ,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 ,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 ,intelligence community ,the term intelligence community has the meaning given that term in section #c7d7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #dja;a7#d774 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 of the ,united ,states or an alien lawfully admitted for permanent residence to the ,united ,states2 or 7,b7 an entity organized under the laws of the ,united ,states or any jurisdiction within the ,united ,states4