,,ii #aafth ,,congress #b;d ,session ,s4 #cdfi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ab1 #bjbj,mr4 ,cotton 7for himself1 ,mr4 ,schumer1 ,mr4 ,van ,hollen1 and ,mr4 ,scott of ,florida7 introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs ,a ,,bill ,to impose sanctions with respect to foreign telecommunications companies engaged in economic or industrial espionage against ,united ,states persons1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,neutralizing ,emerging ,threats from ,wireless ,o,e,ms ,receiving direction from ,kleptocracies and ,surveillance states ,act or the ,,networks ,act4 #b4 ,imposition of sanctions with respect to economic or industrial espionage by foreign telecommunications companies 7a7 ,in general ,on and after the date that is #cj days after the date of the enactment of this ,act1 the ,president shall exercise all of the powers granted to the ,president under the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq47 to the extent necessary to block and prohibit all significant transactions in property and interests in property of a foreign person described in subsection 7b7 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 7b7 ,foreign persons described ,a foreign person is described in this subsection if the ,president determines that the person1 on or after the date of the enactment of this ,act-- 7#a7 produces fifth or future generation telecommunications technology2 and 7#b7 engages in-- 7,a7 economic or industrial espionage with respect to trade secrets or proprietary information owned by ,united ,states persons2 or 7,b7 other related illicit activities1 including violations of sanctions imposed by the ,united ,states4 7c7 ,exceptions 7#a7 ,exception for intelligence activities ,sanctions under this section shall not apply to any activity subject to the reporting requirements under title ,v of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjia et seq47 or any authorized intelligence activities of the ,united ,states4 7#b7 ,exception relating to importation of goods 7,a7 ,in general ,the authorities and requirements to impose sanctions authorized under this section shall not include the authority or requirement to impose sanctions on the importation of goods4 7,b7 ,good defined ,in this paragraph1 the term good means any article1 natural or manmade substance1 material1 supply or manufactured product1 including inspection and test equipment1 and excluding technical data4 7d7 ,waiver ,the ,president may waive the application of sanctions under this section with respect to a foreign person for renewable periods of not more than #ij days each if the ,president determines and reports to ,congress that such a waiver is vital to the national security interests of the ,united ,states4 7e7 ,implementation2 penalties 7#a7 ,implementation ,the ,president may exercise the authorities provided to the ,president under sections #bjc and #bje of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb and #agjd7 to the extent necessary to carry out this section4 7#b7 ,penalties ,a person that violates1 attempts to violate1 conspires to violate1 or causes a violation of subsection 7a7 or any regulation1 license1 or order issued to carry out that subsection shall be subject to the penalties set forth in subsections 7b7 and 7c7 of section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 to the same extent as a person that commits an unlawful act described in subsection 7a7 of that section4 7f7 ,definitions 7#a7 ,in general ,in this section3 7,a7 ,economic or industrial espionage ,the term economic or industrial espionage means-- 7i7 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 7ii7 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 7iii7 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,b7 ,fifth or future generation telecommunications technology ,the term fifth or future generation telecommunications technology means telecommunications technology that conforms to the technical standards followed by the telecommunications industry for telecommunications technology that is commonly known in the industry as fifth generation or future generation technology4 7,c7 ,foreign person ,the term foreign person means any person that is not a ,united ,states person4 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 ,person ,the term person means an individual or entity4 7,f7 ,proprietary information ,the term proprietary information has the meaning given that term in section #afcg7;d7 of the ,carl ,levin and ,howard ,p4 ,buck ,mc,keon ,national ,defense ,authorization ,act for ,fiscal ,year #bjae 7#ej ,u4,s4,c4 #agjh7;d774 7,g7 ,third and fourth generation telecommunications networks ,the term third and fourth generation telecommunications networks means telecommunications networks that conform to the technical standards followed by the telecommunications industry for telecommunications networks that are commonly known in the industry as third or fourth generation networks4 7,h7 ,trade secret ,the term trade secret has the meaning given that term in section #ahci of title #ah1 ,united ,states ,code4 7,i7 ,united ,states person ,the term ,united ,states person means-- 7i7 a ,united ,states citizen or an alien lawfully admitted for permanent residence to the ,united ,states2 or 7ii7 an entity organized under the laws of the ,united ,states or any jurisdiction within the ,united ,states1 including a foreign branch of such an entity4 7#b7 ,determination of significance ,for the purposes of this section1 in determining if transactions are significant1 the ,president may consider the totality of the facts and circumstances1 including factors similar to the factors set forth in section #efa4djd of title #ca1 ,code of ,federal ,regulations 7or any corresponding similar regulation or ruling74 7#c7 ,rule of construction ,for purposes of this section1 a transaction shall not be construed to include-- 7,a7 participation in an international standards-setting body or the activities of such a body2 or 7,b7 a transaction involving existing third or fourth generation telecommunications networks4