,,ii #aagth ,,congress #ast ,session ,s4 #abde ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #bj1 #bjba,mr4 ,graham introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to combat the theft of trade secrets by ,china1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,combating ,chinese ,purloining of ,trade ,secrets ,act or the ,,ccp ,trade ,secrets ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,increased penalties for violations of section #beab of title #ah1 ,united ,states ,code1 involving a foreign government,sec4 #aja4 ,manufacture1 distribution1 possession1 and advertising of wire1 oral1 or electronic communication intercepting devices prohibited4,,title ,,ii--,protecting ,u4,s4 businesses from foreign trade secret theft,sec4 #bja4 ,short title4,sec4 #bjb4 ,prohibition on misappropriating ,u4,s4 trade secrets4,,title ,,iii--,combating cybercrime,sec4 #cja4 ,short title4,sec4 #cjb4 ,predicate offenses4,sec4 #cjc4 ,forfeiture4,sec4 #cjd4 ,shutting down botnets4,sec4 #cje4 ,aggravated damage to a critical infrastructure computer4,sec4 #cjf4 ,stopping trafficking in botnets2 fraud and related activity in connection with computers4,,title ,,iv--,espionage1 theft of trade secrets1 and improper interference in ,united ,states elections,sec4 #dja4 ,espionage1 theft of trade secrets1 theft of intellectual property1 involvement in commercial fraud schemes1 and improper interference in ,united ,states elections4,sec4 #djb4 ,visa and nonimmigrant status restrictions4,,title ,v--,government-funded research projects,sec4 #eja4 ,findings4,sec4 #ejb4 ,definitions4,sec4 #ejc4 ,approval of covered persons in sensitive ,government-funded research projects4,sec4 #ejd4 ,disclosure of research assistance from foreign governments4 ,i ,increased penalties for violations of section #beab of title #ah1 ,united ,states ,code1 involving a foreign government #aja4 ,manufacture1 distribution1 possession1 and advertising of wire1 oral1 or electronic communication intercepting devices prohibited 7a7 ,in general ,section #beab of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7#d7 ,any person who violates this section with the intent to benefit any government of a foreign country 7as defined in section #a of the ,foreign ,agents ,registration ,act of #aich1 as amended 7#bb ,u4,s4,c4 #faa771 agency or instrumentality of a foreign state 7as defined in section #afjc7;b7 of title #bh1 ,united ,states ,code71 or agent of a foreign principal 7as defined in section #a of the ,foreign ,agents ,registration ,act of #aich1 as amended 7#bb ,u4,s4,c4 #faa77 shall be fined under this title1 imprisoned for not more than #bj years1 or both4 4 7b7 ,sentencing enhancement for foreign involvement in violations of section #beab of title #ah1 ,united ,states ,code ,pursuant to its authority under section #iid of title #bh1 ,united ,states ,code1 the ,united ,states ,sentencing ,commission shall review and amend the ,federal sentencing guidelines to ensure that the guidelines provide an additional penalty increase of not fewer than #d offense levels if the defendant violated section #beab of title #ah1 ,united ,states ,code1 with the intent to benefit any government of a foreign country1 agency or instrumentality of a foreign state1 or agent of a foreign principal4 ,,ii ,protecting ,u4,s4 businesses from foreign trade secret theft #bja4 ,short title ,this title may be cited as the ,protecting ,u4,s4 ,businesses from ,foreign ,trade ,secrets ,theft ,act of #bjba4 #bjb4 ,prohibition on misappropriating ,u4,s4 trade secrets 7a7 ,in general ,chapter #ij of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #ahdj4 ,applicability to foreign persons 7a7 ,definitions ,in this section-- 7#a7 the term critical technology has the meaning given the term critical technologies in section #gba of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #defe72 7#b7 the term designated ,federal agency means-- 7,a7 the ,department of ,homeland ,security2 7,b7 ,u4,s4 ,customs and ,border ,protection2 7,c7 the ,department of ,commerce2 7,d7 the ,securities and ,exchange ,commission2 7,e7 the ,export-,import ,bank of the ,united ,states2 7,f7 the ,department of ,state2 and 7,g7 the ,united ,states ,patent and ,trademark ,office2 7#c7 the term foreign person means a person that is not a ,united ,states person2 7#d7 the term ,international ,trade ,commission means the ,united ,states ,international ,trade ,commission2 7#e7 the term offending foreign person means a foreign person-- 7,a7 who misappropriates a trade secret2 and 7,b7 with respect to whom a petition submitted under subsection 7b77#a7 satisfies the requirements under that subsection1 as determined by the ,attorney ,general2 7#f7 the term person means-- 7,a7 an individual2 and 7,b7 a corporation1 business association1 partnership1 society1 or trust1 any other nongovernmental entity1 organization1 or group1 and any governmental entity operating as a business enterprise2 and 7#g7 the term ,united ,states person means-- 7,a7 a ,united ,states citizen or an alien lawfully admitted for permanent residence to the ,united ,states2 7,b7 a corporation or other legal entity that is organized under the laws of the ,united ,states1 any ,state or territory thereof1 or the ,district of ,columbia2 and 7,c7 a corporation or other legal entity-- 7i7 organized under the laws of a jurisdiction outside of the ,united ,states2 and 7ii7 with respect to which a ,united ,states person described in subparagraph 7,a7 or 7,b7-- 7,i7 holds more than #ej percent of the equity interest by vote or value2 7,,ii7 holds a majority of seats on the board of directors2 or 7,,iii7 otherwise controls the actions1 policies1 or personnel decisions4 7b7 ,petition for relief 7#a7 ,demonstration of misappropriation ,if an owner of a trade secret1 who is a ,united ,states person1 wishes to have the ,attorney ,general or the head of the applicable designated ,federal agency apply a penalty under subsection 7c7 to a foreign person who has misappropriated the trade secret1 the owner shall submit to the ,attorney ,general a petition demonstrating that-- 7,a7 7i7 a court has entered a temporary restraining order1 preliminary injunction1 or final judgment under section #ahcf of this title against the foreign person for misappropriating a trade secret of the owner2 7ii7 the ,international ,trade ,commission has issued a temporary exclusion order or final exclusion order under section #ccg of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #accg7 against the foreign person for misappropriating a trade secret of the owner2 or 7iii7 an indictment has been issued under section #ahca or #ahcb of this title against the foreign person for misappropriating a trade secret of the owner2 7,b7 the trade secret described in the applicable clause of subparagraph 7,a7 involves or is a component of critical technology2 and 7,c7 the remedies available to the owner under section #ahcf of this title or section #ccg of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #accg71 as applicable1 are unlikely to provide complete relief to the owner because the foreign person has used or is reasonably likely to use the misappropriated trade secret in the home country of the foreign person or a third country1 such that activities of the foreign person relevant to the determinations under subparagraph 7,a7 take place outside the ,united ,states4 7#b7 ,review ,not later than #fj days after the date on which an owner who is a ,united ,states person submits a petition to the ,attorney ,general under paragraph 7#a71 the ,attorney ,general shall determine whether the petition satisfies the requirements under that paragraph4 7#c7 ,notification ,if the ,attorney ,general determines under paragraph 7#b7 that a petition satisfies the requirements under paragraph 7#a71 the ,attorney ,general shall so notify the head of each designated ,federal agency not later than #cj days after the date of the determination4 7#d7 ,sense of ,congress ,it is the sense of ,congress that if the ,attorney ,general determines under paragraph 7#b7 that a petition relating to a foreign person satisfies the requirements under paragraph 7#a71 the ,attorney ,general and the head of each designated ,federal agency should impose #a or more penalties on the foreign person under subsection 7c71 to the extent that the penalties are applicable4 7c7 ,penalties 7#a7 ,in general ,subject to paragraphs 7#b7 and 7#c71 not later than #ij days after the date on which the ,attorney ,general provides notice to the head of each designated ,federal agency under subsection 7b77#c7 with respect to an offending foreign person1 the ,attorney ,general or the head of a designated ,federal agency1 as applicable1 may impose #a or more of the following penalties on the offending foreign person3 7,a7 ,import restriction ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection may exclude from entry into the ,united ,states any articles produced by the offending foreign person4 7,b7 ,export licenses 7i7 ,dual-use exports ,the ,secretary of ,commerce may refuse to issue any specific license1 or grant any other specific permission or authority1 for the export1 reexport1 or in-country transfer of items to the offending foreign person under the ,export ,control ,reform ,act of #bjah 7#ej ,u4,s4,c4 #dhja et seq474 7ii7 ,defense articles and defense services ,the ,secretary of ,state may refuse to issue any license or other approval for the export of defense articles or defense services to the offending foreign person under the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgea et seq474 7,c7 ,restricted parties 7i7 ,commerce lists ,the ,secretary of ,commerce may add the offending foreign person to one of the following lists maintained by the ,bureau of ,industry and ,secretary of the ,department of ,commerce3 7,i7 ,the ,entity ,list set forth in ,supplement ,no4 #d to part #gdd of the ,export ,administration ,regulations under subchapter ,c of chapter ,,vii of title #ae1 ,code of ,federal ,regulations4 7,,ii7 ,the ,denied ,persons ,list maintained pursuant to section #gfd4c of the ,export ,administration ,regulations4 7ii7 ,treasury list ,the ,secretary of the ,treasury may add the offending foreign person to the list of specially designated nationals and blocked persons maintained by the ,office of ,foreign ,assets ,control of the ,department of the ,treasury4 7,d7 ,securities reporting ,the ,securities and ,exchange ,commission may determine whether the use by the offending foreign person of the misappropriated trade secret is a reportable material condition in any filing by the offending foreign person required under applicable securities laws of the ,united ,states4 7,e7 ,patent protection ,the ,under ,secretary of ,commerce for ,intellectual ,property and ,director of the ,united ,states ,patent and ,trademark ,office may prohibit the offending foreign person from applying for patent protection1 being listed as an inventor on a patent application1 or continuing a patent application under title #ce1 ,united ,states ,code4 7,f7 ,export-,import ,bank assistance for exports to foreign person ,the ,export-,import ,bank of the ,united ,states may refuse to approve the issuance of any guarantee1 insurance1 extension of credit1 or participation in the extension of credit in connection with the export of any goods or services to the offending foreign person4 7,g7 ,exclusion of corporate officers ,the ,secretary of ,state may deny a visa application1 and the ,secretary of ,homeland ,security may deny an application for admission to the ,united ,states1 of any alien that the applicable ,secretary determines is a corporate officer or principal of1 or a shareholder with a controlling interest in1 the offending foreign person4 7,h7 ,other penalties ,the ,attorney ,general or the head of a designated ,federal agency-- 7i7 may not procure1 or enter into a contract for the procurement of1 any goods or services from the offending foreign person2 7ii7 may prohibit1 pursuant to notice issued by the ,attorney ,general1 a ,united ,states person from knowingly investing in or purchasing significant amounts of equity or debt instruments of the offending foreign person2 7iii7 may impose on a principal executive officer of the offending foreign person1 or on an individual performing similar functions and with similar authorities as such an officer1 any penalty under this subsection that could be imposed on the offending foreign person2 and 7iv7 may impose on the offending foreign person any other penalty authorized under any provision of ,federal law1 as determined appropriate4 7#b7 ,duration of penalties 7,a7 ,temporary penalty ,if a court enters a temporary restraining order or preliminary injunction under section #ahcf of this title against an offending foreign person for misappropriating a trade secret1 the ,international ,trade ,commission issues a temporary exclusion order under section #ccg of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #accg7 against an offending foreign person for misappropriating a trade secret1 or an indictment is issued under section #ahca or #ahcb of this title against an offending foreign person for misappropriating a trade secret1 the ,attorney ,general or the head of a designated ,federal agency may impose a penalty under paragraph 7#a7 on the offending foreign person during the period during which the temporary restraining order1 preliminary injunction1 temporary exclusion order1 or indictment remains in effect4 7,b7 ,permanent penalty ,if a court enters a final judgment under section #ahcf of this title against an offending foreign person for misappropriating a trade secret1 the ,international ,trade ,commission issues a final exclusion order under section #ccg of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #accg7 against an offending foreign person for misappropriating a trade secret1 or an offending foreign person is convicted under section #ahcaor #ahcb of this title of misappropriating a trade secret1 the ,attorney ,general or the head of a designated ,federal agency may permanently impose a penalty under paragraph 7#a7 on the foreign person4 7#c7 ,petition for review 7,a7 ,in general ,if the ,attorney ,general or the head of a designated ,federal agency imposes a temporary penalty under paragraph 7#b77;,a7 or a permanent penalty under paragraph 7#b77;,b7 on an offending foreign person1 the offending foreign person may submit to the ,attorney ,general or the head of the designated ,federal agency a petition for the revocation or modification of the penalty-- 7i7 not later #de days after the date on which the penalty is imposed2 or 7ii7 in the case of a permanent penalty1 if the final judgment1 final exclusion order1 or conviction upon which the permanent penalty is based is reversed on appeal or otherwise vacated1 not later than #de days after the date of the reversal or vacatur4 7,b7 ,contents of petition 7i7 ,in general ,an offending foreign person shall include in a petition submitted under subparagraph 7,a7 a full written statement in support of the position of the offending foreign person1 including a precise statement of why-- 7,i7 an insufficient basis exists for the penalty2 or 7,,ii7 the circumstances resulting in the penalty no longer apply4 7ii7 ,remedial steps ,an offending foreign person may1 in a petition submitted under subparagraph 7,a71 propose remedial steps that would negate the basis for the penalty4 7,c7 ,determination ,the ,attorney ,general or the head of a designated ,federal agency1 as applicable1 shall make a determination with respect to a petition submitted under subparagraph 7,a74 7d7 ,report 7#a7 ,in general ,not later than #a year after the date of enactment of this section1 and each year thereafter1 the ,attorney ,general1 in coordination with the head of each designated ,federal agency1 shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report that-- 7,a7 with respect to the preceding year-- 7i7 identifies foreign countries1 state-owned and state-controlled entities1 and other persons that engaged in the misappropriation of trade secrets owned by ,united ,states persons2 7ii7 describes any strategy used by a foreign country to undertake misappropriation of trade secrets owned by ,united ,states persons2 7iii7 identifies categories of technologies developed by1 or trade secrets owned by1 ,united ,states persons that were targeted for misappropriation2 7iv7 lists legal actions taken under section #ahcf of this title1 section #ccg of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #accg71 or section #ahca or #ahcb of this title-- 7,i7 against an offending foreign person who misappropriated a trade secret owned by a ,united ,states person2 and 7,,ii7 as a result of which the products of the offending foreign person described in subclause 7,i7 may never enter the ,united ,states2 and 7v7 describes progress made in decreasing the prevalence of misappropriation of trade secrets owned by ,united ,states persons2 and 7,b7 recommends strategies to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives to decrease the misappropriation by foreign persons of trade secrets owned by ,united ,states persons4 7#b7 ,form of report ,a report submitted under paragraph 7#a7 shall be submitted in unclassified form but may contain a classified annex4 4 7b7 ,table of sections ,the table of sections for chapter #ij of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #ahdj4 ,applicability to foreign persons4 4 ,,iii ,combating cybercrime #cja4 ,short title ,this title may be cited as the ,international ,cybercrime ,prevention ,act4 #cjb4 ,predicate offenses ,part ,i of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in section #aief7;c77#g77;,d7-- 7,a7 by striking or section #bcci;,d and inserting section #bcci;,d2 and 7,b7 by striking of this title1 section #dfejb and inserting 1 or section #beab 7relating to the manufacture1 distribution1 possession1 and advertising of wire1 oral1 or electronic communication intercepting devices7 of this title1 section #dfejb2 and 7#b7 in section #aifa7a71 by inserting section #ajcj 7relating to fraud and related activity in connection with computers7 if the act indictable under section #ajcj is felonious1 before section #ajhd4 #cjc4 ,forfeiture 7a7 ,in general ,section #beac of title #ah1 ,united ,states ,code1 is amended to read as follows3 #beac4 ,confiscation of wire1 oral1 or electronic communication intercepting devices and other property 7a7 ,criminal forfeiture 7#a7 ,in general ,the court1 in imposing a sentence on any person convicted of a violation of section #beaa or #beab1 or convicted of conspiracy to violate section #beaa or #beab1 shall order1 in addition to any other sentence imposed and irrespective of any provision of ,state law1 that such person forfeit to the ,united ,states-- 7,a7 such person's interest in any property1 real or personal1 that was used or intended to be used to commit or to facilitate the commission of such violation2 and 7,b7 any property1 real or personal1 constituting or derived from any gross proceeds1 or any property traceable to such property1 that such person obtained or retained directly or indirectly as a result of such violation4 7#b7 ,forfeiture procedures ,pursuant to section #bdfa7;c7 of title #bh1 the provisions of section #dac of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hec71 other than subsection 7d7 thereof1 shall apply to criminal forfeitures under this subsection4 7b7 ,civil forfeiture 7#a7 ,in general ,the following shall be subject to forfeiture to the ,united ,states in accordance with provisions of chapter #df and no property right shall exist in them3 7,a7 ,any property1 real or personal1 used or intended to be used1 in any manner1 to commit1 or facilitate the commission of a violation of section #beaa or #beab1 or a conspiracy to violate section #beaa or #beab4 7,b7 ,any property1 real or personal1 constituting1 or traceable to the gross proceeds taken1 obtained1 or retained in connection with or as a result of a violation of section #beaa or #beab1 or a conspiracy to violate section #beaa or #beab4 7#b7 ,forfeiture procedures ,seizures and forfeitures under this subsection shall be governed by the provisions of chapter #df relating to civil forfeitures1 except that such duties as are imposed on the ,secretary of the ,treasury under the customs laws described in section #iha7;d7 shall be performed by such officers1 agents1 and other persons as may be designated for that purpose by the ,secretary of ,homeland ,security or the ,attorney ,general4 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #aai is amended by striking the item relating to section #beac and inserting the following3 #beac4 ,confiscation of wire1 oral1 or electronic communication intercepting devices and other property4 4 #cjd4 ,shutting down botnets 7a7 ,in general ,section #acde of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the heading1 by inserting and abuse after fraud2 7#b7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,b71 by striking or at the end2 7ii7 in subparagraph 7,c71 by inserting or after the semicolon2 and 7iii7 by inserting after subparagraph 7,c7 the following3 7,d7 violating or about to violate section #ajcj7;a77#e7 of this title where such conduct has caused or would cause damage 7as defined in section #ajcj7 without authorization to #ajj or more protected computers 7as defined in section #ajcj7 during any #a-year period1 including by-- 7i7 impairing the availability or integrity of the protected computers without authorization2 or 7ii7 installing or maintaining control over malicious software on the protected computers that1 without authorization1 has caused or would cause damage to the protected computers2 2 and 7,b7 in paragraph 7#b71 in the matter preceding subparagraph 7,a71 by inserting 1 a violation described in subsection 7a77#a77;,d71 before or a ,federal2 and 7#c7 by adding at the end the following3 7c7 ,a restraining order1 prohibition1 or other action described in subsection 7b71 if issued in circumstances described in subsection 7a77#a77;,d71 may1 upon application of the ,attorney ,general-- 7#a7 specify that no cause of action shall lie in any court against a person for complying with the restraining order1 prohibition1 or other action2 and 7#b7 provide that the ,united ,states shall pay to such person a fee for reimbursement for such costs as are reasonably necessary and which have been directly incurred in complying with the restraining order1 prohibition1 or other action4 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #fc of title #ah1 ,united ,states ,code1 is amended by striking the item relating to section #acde and inserting the following3 #acde4 ,injunctions against fraud and abuse4 4 #cje4 ,aggravated damage to a critical infrastructure computer 7a7 ,in general ,chapter #dg of title #ah1 ,united ,states ,code1 is amended by inserting after section #ajcj the following3 #ajcj;,a4 ,aggravated damage to a critical infrastructure computer 7a7 ,offense ,it shall be unlawful1 during and in relation to a felony violation of section #ajcj1 to knowingly cause or attempt to cause damage to a critical infrastructure computer1 if such damage results in 7or1 in the case of an attempted offense1 would1 if completed1 have resulted in7 the substantial impairment-- 7#a7 of the operation of the critical infrastructure computer2 or 7#b7 of the critical infrastructure associated with such computer4 7b7 ,penalty ,any person who violates subsection 7a7 shall1 in addition to the term of punishment provided for the felony violation of section #ajcj1 be fined under this title1 imprisoned for not more than #bj years1 or both4 7c7 ,consecutive sentence ,notwithstanding any other provision of law-- 7#a7 a court shall not place any person convicted of a violation of this section on probation2 7#b7 except as provided in paragraph 7#d71 no term of imprisonment imposed on a person under this section shall run concurrently with any term of imprisonment imposed on the person under any other provision of law1 including any term of imprisonment imposed for the felony violation of section #ajcj2 7#c7 in determining any term of imprisonment to be imposed for the felony violation of section #ajcj1 a court shall not in any way reduce the term to be imposed for such violation to compensate for1 or otherwise take into account1 any separate term of imprisonment imposed or to be imposed for a violation of this section2 and 7#d7 a term of imprisonment imposed on a person for a violation of this section may1 in the discretion of the court1 run concurrently1 in whole or in part1 only with another term of imprisonment that is imposed by the court at the same time on that person for an additional violation of this section1 if such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the ,united ,states ,sentencing ,commission pursuant to section #iid of title #bh4 7d7 ,definitions ,in this section-- 7#a7 the terms computer and damage have the meanings given the terms in section #ajcj2 and 7#b7 the term critical infrastructure means systems and assets1 whether physical or virtual1 so vital to the ,united ,states that the incapacity or destruction of such systems and assets would have catastrophic regional or national effects on public health or safety1 economic security1 or national security1 including voter registration databases1 voting machines1 and other communications systems that manage the election process or report and display results on behalf of ,state and local governments4 4 7b7 ,table of sections ,the table of sections for chapter #dg of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #ajcj the following3 #ajcj;,a4 ,aggravated damage to a critical infrastructure computer4 4 #cjf4 ,stopping trafficking in botnets2 fraud and related activity in connection with computers 7a7 ,in general ,section #ajcj of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking paragraph 7#b7 and inserting the following3 7#b7 7,a7 intentionally accesses a computer without authorization or exceeds authorized access1 and thereby obtains information1 if-- 7i7 the conduct was undertaken in furtherance of any felony violation of the laws of the ,united ,states or of any ,state1 unless an element of such violation would require proof that the information was obtained without authorization or in excess of authorization2 or 7ii7 the protected computer is owned or operated by or on behalf of a ,state or local governmental entity responsible for the administration of justice1 public health1 or safety1 or owned or operated by or on behalf of the ,united ,states ,government2 or 7,b7 intentionally accesses a computer without authorization1 and thereby obtains information from any protected computer2 2 7,b7 by striking paragraph 7#f7 and inserting the following3 7#f7 knowing such conduct to be wrongful1 intentionally traffics in any password or similar information1 or any other means of access1 further knowing or having reason to know that a protected computer would be accessed or damaged without authorization in a manner prohibited by this section as the result of such trafficking2 2 7,c7 in paragraph 7#g71 by adding or at the end2 and 7,d7 by inserting after paragraph 7#g7 the following3 7#h7 intentionally traffics in the means of access to a protected computer1 if-- 7,a7 the trafficker knows or has reason to know the protected computer has been damaged in a manner prohibited by this section2 and 7,b7 the promise or agreement to pay for the means of access is made by1 or on behalf of1 a person the trafficker knows or has reason to know intends to use the means of access to-- 7i7 damage a protected computer without authorization2 or 7ii7 violate section #ajcg or #acdc2 2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#b71 by striking 1 7a77#c71 or 7a77#f7 each place it appears and inserting or 7a77#c72 7,b7 in paragraph 7#c7-- 7i7 in subparagraph 7,a71 by striking 7a77#d7 or 7a77#g7 and inserting 7a77#d71 7a77#g71 or 7a77#h72 and 7ii7 in subparagraph 7,b71 by striking 7a77#d71 or 7a77#g7 and inserting 7a77#d71 7a77#g71 or 7a77#h72 and 7,c7 in paragraph 7#d7-- 7i7 in subparagraph 7,c77i71 by striking or an attempt to commit an offense2 and 7ii7 in subparagraph 7,d71 by striking clause 7ii7 and inserting the following3 7ii7 an offense1 or an attempt to commit an offense1 under subsection 7a77#f72 2 7#c7 in subsection 7e7-- 7,a7 by striking paragraph 7#f7 and inserting the following3 7#f7 the term exceeds authorized access means-- 7,a7 7i7 to access a computer with authorization and thereby to knowingly obtain information from such computer that the accessor is not entitled to obtain2 or 7ii7 to knowingly obtain any information from such computer for a purpose that is prohibited by the computer owner2 and 7,b7 provided that the limitation on access to or use of the information is not based solely on the terms governing use of an online service by customers or subscribers thereof1 including terms set forth in an acceptable use policy or terms of service2 2 7,b7 by striking paragraph 7#aj72 7,c7 by redesignating paragraphs 7#aa7 and 7#ab7 as paragraphs 7#aj7 and 7#aa71 respectively2 7,d7 in paragraph 7#aj71 as so redesignated1 by striking and2 7,e7 in paragraph 7#aa71 as so redesignated1 by striking the period at the end and inserting a semicolon2 and 7,f7 by adding at the end the following3 7#ab7 the term online service-- 7,a7 means an electronic communication service 7as defined in section #beaj7 to the public1 a remote computing service 7as defined in section #bgaa71 or other service that provides content or computing services to the public over the ,internet2 and 7,b7 does not include an enterprise service2 7#ac7 the term enterprise service means any electronic communication service 7as defined in section #beaj7 to the public1 remote computing service 7as defined in section #bgaa71 or other service that provides content or computing services to the public for which the user1 customer1 or subscriber has paid1 or on whose behalf has been paid1 more than #aj1jjj in a calendar year in exchange for the right to access or use the service2 and 7#ad7 the term traffic1 except as provided in subsection 7a77#f71 means transfer1 or otherwise dispose of1 to another as consideration for the receipt of1 or as consideration for a promise or agreement to pay1 anything of pecuniary value4 2 7#d7 in subsection 7g71 in the first sentence1 by inserting 1 except for a violation of subsection 7a77#f71 after of this section2 and 7#e7 by striking subsections 7i7 and 7j7 and inserting the following3 7i7 ,criminal forfeiture 7#a7 ,in general ,the court1 in imposing a sentence on any person convicted of a violation of this section1 or convicted of conspiracy to violate this section1 shall order1 in addition to any other sentence imposed and irrespective of any provision of ,state law1 that such person forfeit to the ,united ,states-- 7,a7 such person's interest in any property1 real or personal1 that was used or intended to be used to commit or to facilitate the commission of such violation2 and 7,b7 any property1 real or personal1 constituting or derived from any gross proceeds1 or any property traceable to such property1 that such person obtained or retained1 directly or indirectly1 as a result of such violation4 7#b7 ,forfeiture procedures ,pursuant to section #bdfa7;c7 of title #bh1 the provisions of section #dac of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hec71 other than subsection 7d7 thereof1 shall apply to criminal forfeitures under this subsection4 7j7 ,civil forfeiture 7#a7 ,in general ,the following shall be subject to forfeiture to the ,united ,states in accordance with chapter #df1 and no property right shall exist in them3 7,a7 ,any property1 real or personal1 used or intended to be used1 in any manner-- 7i7 to commit1 or facilitate the commission of1 a violation of this section2 or 7ii7 in a conspiracy to violate this section4 7,b7 ,any property1 real or personal1 constituting or traceable to the gross proceeds taken1 obtained1 or retained in connection with or as a result of-- 7i7 a violation of this section2 or 7ii7 a conspiracy to violate this section4 7#b7 ,forfeiture procedures ,seizures and forfeitures under this subsection shall be governed by the provisions of chapter #df that apply to civil forfeitures1 except that such duties as are imposed on the ,secretary of the ,treasury under the customs laws described in section #iha7;d7 shall be performed by such officers1 agents1 and other persons as may be designated for that purpose by the ,secretary of ,homeland ,security or the ,attorney ,general4 4 7b7 ,technical and conforming amendment ,section #gdca7;e77#c7 of the ,internal ,revenue ,code of #aihf is amended by striking subparagraph 7,b7 and inserting subparagraph 7,b77iii74 ,,iv ,espionage1 theft of trade secrets1 and improper interference in ,united ,states elections #dja4 ,espionage1 theft of trade secrets1 theft of intellectual property1 involvement in commercial fraud schemes1 and improper interference in ,united ,states elections 7a7 ,definitions ,section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77 is amended by adding at the end the following3 7#ec7 7,a7 ,the term espionage means conduct-- 7i7 in violation of-- 7,i7 the ,act of ,june #ae1 #aiag 7#dj ,stat4 #bag1 chapter #cj7 7commonly known as the ,espionage ,act of #aiag72 7,,ii7 chapter #ij of title #ah1 ,united ,states ,code 7commonly known as the ,economic ,espionage ,act of #aiif72 or 7,,iii7 any other ,federal criminal law relating to an activity described in clause 7ii72 or 7ii7 7,i7 by an alien who is under the direction of-- 7aa7 a foreign government2 or 7bb7 an intermediary individual or entity that seeks to serve1 support1 or benefit a foreign government2 and 7,,ii7 with respect to confidential information1 that constitutes-- 7aa7 stealing or1 without authorization1 appropriating1 taking1 carrying away1 concealing1 or1 by fraud1 artifice1 or deception1 obtaining such information2 7bb7 without authorization1 copying1 duplicating1 sketching1 drawing1 photographing1 downloading1 uploading1 altering1 destroying1 photocopying1 replicating1 transmitting1 delivering1 sending1 mailing1 communicating1 or conveying such information2 or 7cc7 receiving1 buying1 or possessing such information1 knowing that the information has been stolen or appropriated1 obtained1 or converted without authorization4 7,b7 ,the term espionage includes economic espionage4 7#ed7 ,the term improper interference in a ,united ,states election means conduct by an alien that-- 7,a7 7i7 violates ,federal criminal1 voting rights1 or campaign finance law2 or 7ii7 is under the direction of-- 7,i7 a foreign government2 or 7,,ii7 an intermediary individual or entity that seeks to serve1 support1 or benefit a foreign government2 and 7,b7 interferes with a general or primary ,federal1 ,state1 or local election or caucus1 including-- 7i7 the campaign of a candidate2 and 7ii7 a ballot measure1 including-- 7,i7 an amendment2 7,,ii7 a bond issue2 7,,iii7 an initiative2 7,,iv7 a recall2 7,v7 a referral2 and 7,,vi7 a referendum4 7#ee7 ,the term theft of a trade secret means conduct-- 7,a7 in violation of-- 7i7 chapter #ij of title #ah1 ,united ,states ,code 7commonly known as the ,economic ,espionage ,act of #aiif72 or 7ii7 any other ,federal criminal law relating to an activity described in subparagraph 7,b72 or 7,b7 7i7 by an alien who is under the direction of-- 7,i7 a foreign government2 or 7,,ii7 an intermediary individual or entity that seeks to serve1 support1 or benefit a foreign government2 and 7ii7 with respect to a trade secret relating to a product or service used or intended for use in interstate or foreign commerce1 that constitutes-- 7,i7 stealing or1 without authorization1 appropriating1 taking1 carrying away1 concealing1 or1 by fraud1 artifice1 or deception1 obtaining such trade secret for the economic benefit of any person other than the owner of the trade secret2 7,,ii7 without authorization1 copying1 duplicating1 sketching1 drawing1 photographing1 downloading1 uploading1 altering1 destroying1 photocopying1 replicating1 transmitting1 delivering1 sending1 mailing1 communicating1 or conveying such trade secret2 or 7,,iii7 receiving1 buying1 or possessing such trade secret1 knowing that the trade secret has been stolen or appropriated1 obtained1 or converted without authorization4 4 7b7 ,inadmissibility ,section #bab7;a77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#c77 is amended by adding at the end the following3 7,h7 ,espionage and theft of trade secrets ,an alien is inadmissible if a consular officer1 the ,secretary of ,homeland ,security1 the ,secretary of ,state1 or the ,attorney ,general knows1 or has reasonable grounds to believe-- 7i7 the alien is seeking admission or sought admission to the ,united ,states to engage in espionage or theft of a trade secret2 7ii7 the alien has engaged or intends to engage in espionage or theft of a trade secret2 or 7iii7 the affiliation or activities of the alien with1 or the control of the alien by1 an individual1 an entity1 or a funding mechanism known or reasonably believed to be engaged in1 or to have the intention of engaging in1 espionage or theft of a trade secret4 7,i7 ,improper interference in a ,united ,states election ,any alien who a consular officer1 the ,secretary of ,homeland ,security1 the ,secretary of ,state1 or the ,attorney ,general knows1 or has reasonable grounds to believe1 is seeking admission to the ,united ,states to engage in improper interference in a ,united ,states election1 or who has engaged in improper interference in a ,united ,states election1 is inadmissible4 4 7c7 ,deportability ,section #bcg7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbg7;a77 is amended by adding at the end the following3 7#h7 ,espionage and theft of trade secrets ,any alien who has engaged1 is engaged1 or at any time after admission engages in espionage or theft of a trade secret is deportable4 7#i7 ,improper interference in a ,united ,states election ,any alien who has engaged1 is engaged1 or at any time after admission engages in improper interference in a ,united ,states election is deportable4 4 #djb4 ,visa and nonimmigrant status restrictions 7a7 ,period of authorized stay for certain citizens and nationals of the ,people's ,republic of ,china ,section #bad7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;a77#b77 is amended by adding at the end the following3 7,c7 7i7 ,the period of authorized stay for a citizen or national of the ,people's ,republic of ,china who seeks admission to the ,united ,states as a nonimmigrant described in subparagraph 7,f71 7,j71 or 7,m7 of section #aja7;a77#ae7 to study1 research1 teach1 or work in any field described in the most recent technology alert list of the ,department of ,state or in section #bba7;j77#a7-- 7,i7 shall be-- 7aa7 a fixed period of not more than #d years2 or 7bb7 the length of the program identified on the ,form ,i-#bj1 ,certificate of ,eligibility for ,nonimmigrant ,student ,status1 or the ,form ,,ds-#bjai1 ,certificate of ,eligibility for ,exchange ,visitor ,status1 as applicable1 of such citizen or national of the ,people's ,republic of ,china2 and 7,,ii7 may be extended by the ,secretary of ,homeland ,security for #a or more additional periods of not more than #b years4 7ii7 ,this subparagraph shall not apply to any national of ,hong ,kong or ,macau4 4 7b7 ,prohibition on issuance of visas to certain citizens and nationals of the ,people's ,republic of ,china ,section #bba of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abja7 is amended by adding at the end the following3 7j7 ,prohibition on issuance of visas to certain citizens and nationals of the ,people's ,republic of ,china 7#a7 ,in general ,the ,secretary of ,state shall deny a visa to1 and the ,secretary of ,homeland ,security shall not admit into the ,united ,states1 or grant a change of nonimmigrant status to1 an alien who is a citizen or national of the ,people's ,republic of ,china if the ,secretary of ,state or the ,secretary of ,homeland ,security determines that the alien-- 7,a7 presents a risk to national security2 or 7,b7 otherwise seeks to enter the ,united ,states to participate in graduate-level coursework or research at an institution of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a777 in a field described in paragraph 7#b74 7#b7 ,fields described ,the fields described in this paragraph are-- 7,a7 the military or intelligence sector2 7,b7 the energy sector2 7,c7 nuclear science or nuclear engineering2 7,d7 high-end numerical control machinery and robotics2 7,e7 autonomous systems or machine learning2 7,f7 artificial intelligence2 7,g7 production and application of high-performance medical devices2 7,h7 semiconductors2 7,i7 new energy vehicles2 7,j7 mobile phone technology2 7,k7 next-generation information technology2 7,l7 aviation1 aeronautics1 or space2 7,m7 biomedicine2 and 7,n7 any related field1 as determined by the ,secretary of ,state or the ,secretary of ,homeland ,security4 7#c7 ,termination of status 7,a7 ,in general ,with respect to an alien who is a citizen or national of the ,people's ,republic of ,china who has been admitted to the ,united ,states as a nonimmigrant described in subparagraph 7,f71 7,j71 or 7,m7 of section #aja7;a77#ae71 the ,secretary of ,homeland ,security shall terminate the status and employment authorization of1 and revoke any petition approval of or on behalf of1 the alien if the ,secretary determines that after such admission the alien-- 7i7 has engaged in an activity or affiliation that presents a risk to national security2 or 7ii7 has changed his or her program1 course of study1 research1 or employment to graduate-level coursework or research at an institution of higher education in a field described in paragraph 7#b74 7,b7 ,failure to maintain nonimmigrant status ,any change or attempted change described in subparagraph 7,a7 shall be considered to be a failure to maintain nonimmigrant status under this ,act4 7#d7 ,inapplicability to nationals of ,hong ,kong and ,macau ,this subsection shall not apply to any national of ,hong ,kong or ,macau4 4 7c7 ,applicability ,the amendments made by this section shall apply with respect to-- 7#a7 any visa application filed on or after the date of the enactment of this ,act2 and 7#b7 the status of any alien1 except for a national of ,hong ,kong or ,macau1 who-- 7,a7 is a citizen or national of the ,people's ,republic of ,china1 regardless of the country of the passport presented by1 or the country of residence of1 the alien2 7,b7 before1 on1 or after the date of the enactment of this ,act1 has been or is admitted to the ,united ,states as a nonimmigrant described in subparagraph 7,f71 7,j71 or 7,m7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae772 and 7,c7 has changed or changes his or her program1 course of study1 research1 or employment to graduate-level coursework or research at an institution of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a777 in a field described in section #bba7;j77#a7 of the ,immigration and ,nationality ,act 7as added by subsection 7b774 ,v ,government-funded research projects #eja4 ,findings ,congress find the following3 7#a7 ,the ,people's ,republic of ,china 7referred to in this subsection as the ,,prc or ,china7 poses an existential threat to the economic interests and national security of the ,united ,states1 in part due to the continued efforts of the ,,prc to steal sensitive technology and proprietary information from companies1 academic institutions1 and other organizations of the ,united ,states through economic espionage and other forms of nontraditional espionage4 7#b7 ,the ,,prc1 through the ,chinese ,communist ,party 7referred to in this subsection as the ,,ccp71 has long had an interest in replacing the ,united ,states as the world's foremost superpower4 ,china takes a holistic approach towards achieving its long-term goals1 which are rooted in the concept of a comprehensive national power1 including achieving dominance in economics1 military affairs1 science and technology1 education1 and global influence4 7#c7 ,nontraditional forms of espionage serve as primary tools to further the goals of the ,,ccp4 ,those tools include talent recruitment programs designed to recruit ,chinese nationals to acquire knowledge about--and1 often1 steal--valuable and sensitive research at universities and research institutions abroad1 and to lure foreign experts to ,china to work on key strategic programs4 ,more broadly1 the ,,prc uses mergers and acquisitions or joint ventures as a means to gain access to high-level technology1 uses cyber intrusions to steal information1 and uses front companies for ,,prc-related entities to acquire export-controlled technology4 7#d7 ,in #bjae1 ,president ,xi ,jinping of the ,,prc released the ,made in ,china #bjbe initiative1 a #aj-year plan to update the manufacturing base of ,china by developing the following #aj high-tech industries3 7,a7 ,electric cars and other new energy vehicles4 7,b7 ,next-generation information technology and telecommunications4 7,c7 ,advanced robotics and artificial intelligence4 7,d7 ,aerospace equipment4 7,e7 ,bio-medicine and high-end medical equipment4 7,f7 ,ocean engineering equipment and high-end vessels4 7,g7 ,high-end rail transportation equipment4 7,h7 ,electrical equipment4 7,i7 ,farming machines4 7,j7 ,new materials1 such as polymers4 7#e7 ,in attempting to overtake the ,united ,states and achieve its ,made in ,china #bjbe goals1 ,china has systematically sought to identify areas of ,american innovation1 education1 and technology that could be replicated1 stolen1 or appropriated4 7#f7 ,the very nature of the open society of the ,united ,states--a free market economy that incentivizes creativity and ingenuity and promotes the free flow of capital and ideas1 a higher education system and scientific research community that encourages collaboration domestically and internationally1 and a liberal democratic government that lacks a top-down1 authoritarian structure--creates opportunities for the ,,prc to target the ,united ,states in ways that are either not adequately protected or not even anticipated as possible threats4 7#g7 ,the ,director of the ,federal ,bureau of ,investigation has assessed that there's no country that's even close to the ,,prc when it comes to foreign espionage1 in traditional or nontraditional forms4 7#h7 ,as the #bjah ,foreign ,economic ,espionage in ,cyberspace report of the ,national ,counterintelligence and ,security ,center 7commonly known as the ,,ncsc7 stated1 ,china has expansive efforts in place to acquire ,united ,states technology1 including sensitive trade secrets and proprietary information4 ,china continues to use cyber espionage to support its strategic development goals--science and technology advancement1 military modernization1 and economic policy objectives4 ,chinese companies and individuals often acquire ,united ,states technology for commercial and scientific purposes4 7#i7 ,in ,april #bjbj1 the ,office of the ,united ,states ,trade ,representative 7referred to in this subsection as the ,,ustr7 issued its annual ,special #cja ,report1 in which the ,,ustr reviews the state of intellectual property protection and enforcement in trading partners of the ,united ,states around the world4 ,the ,,ustr continues to place ,china on the ,priority ,watch ,list1 which reflects ,united ,states concerns with ,china's system of pressuring and coercing technology transfer1 and the continued need for fundamental structural changes to strengthen ,,ip protection and enforcement1 including as to trade secret theft1 obstacles to protecting trademarks1 online piracy and counterfeiting1 the high-volume manufacturing and export of counterfeit goods1 and impediments to pharmaceutical innovation44 7#aj7 ,the theft of intellectual property1 trade secrets1 sensitive technology1 and scientific and other academic research all contribute to ,china's goal of achieving preeminent superpower status4 ,china's failure to respect intellectual property rights1 failure to adhere to the rule of law1 and efforts to obtain intellectual property1 trade secrets1 technology1 and research through improper or illicit means all pose a significant economic and national security threat to the ,united ,states4 7#aa7 ,in recent years1 ,china has increased its use of nontraditional espionage to target colleges and universities in the ,united ,states1 particularly with respect to cutting edge research and technologies being developed by such universities1 including technology that has military applications4 7#ab7 ,the universities of the ,united ,states provide fertile ground for nontraditional espionage given the open1 international1 and collaborative nature of most university research and the legitimate interest of universities in encouraging international collaboration4 7#ac7 ,while the ,united ,states benefits from attracting the top research talent from around the world1 universities nevertheless must take appropriate measures to ensure that ,china is not able to use academic collaboration to steal ,united ,states intellectual property or engage in other activities that might harm the national security of the ,united ,states4 7#ad7 ,in response to the increased wave of nontraditional espionage over recent years1 the ,department of ,justice launched a ,china ,initiative in #bjah4 ,the goal of the ,china ,initiative is to identify and prosecute individuals and entities engaged in economic and other nontraditional espionage1 trade secret theft1 hacking1 and other crimes1 while protecting critical infrastructure against external threats and combating covert efforts to influence the ,american public4 7#ae7 ,several recent criminal and civil enforcement actions taken by the ,department of ,justice highlight ,china's pervasive and illegal targeting of intellectual property and valuable research from ,united ,states universities1 including the following3 7,a7 ,dr4 ,qing ,wang was a former employee of the ,cleveland ,clinic ,foundation4 ,he had received more than #c1jjj1jjj in grant funding from the ,national ,institutes of ,health 7commonly known as ,,nih74 ,dr4 ,wang was charged in a criminal complaint with knowingly failing to disclose to ,,nih that he was ,dean of the ,college of ,life ,sciences and ,technology at the ,huazhong ,university of ,science and ,technology 7referred to in this subparagraph as ,,hust7 and received grant funds from the ,national ,natural ,science ,foundation of ,china for some of the same scientific research funded by ,,nih4 ,dr4 ,wang also allegedly participated in the ,thousand ,talents ,program1 for which ,china provided #c1jjj1jjj in research support to enhance the facilities and operations at ,,hust4 ,federal law enforcement agencies arrested ,dr4 ,wang in ,may #bjbj4 7,b7 ,dr4 ,james ,patrick ,lewis was a tenured professor at ,west ,virginia ,university in the physics department from #bjjf to #bjai4 ,in ,july #bjag1 ,dr4 ,lewis entered into a contract of employment with the ,,prc through its ,global ,experts ,thousand ,talents ,plan4 ,in ,march #bjbj1 ,dr4 ,lewis pled guilty to #a count of ,federal program fraud4 7,c7 ,anming ,hu1 an ,associate ,professor in the ,department of ,mechanical1 ,aerospace1 and ,biomedical ,engineering at the ,university of ,tennessee1 ,knoxville 7commonly known as ,,ut71 allegedly engaged in a scheme to defraud the ,national ,aeronautics and ,space ,administration 7commonly known as ,,nasa7 by concealing his affiliation with ,beijing ,university of ,technology 7referred to in this subparagraph as ,,bjut74 ,hu's false representations to ,,ut about his affiliation with ,,bjut caused ,,ut to falsely certify to ,,nasa that ,,ut was in compliance with ,federal law4 ,in ,february #bjbj1 ,mr4 ,hu was indicted on ,federal charges of wire fraud and false statements4 7,d7 ,dr4 ,charles ,lieber served as the ,principal ,investigator of the ,lieber ,research ,group at ,harvard ,university1 which specialized in the area of nanoscience4 ,dr4 ,lieber had received more than #ae1jjj1jjj in grant funding from ,,nih and the ,department of ,defense since #bjjh4 ,unbeknownst to ,harvard ,university1 beginning in #bjaa1 ,lieber allegedly became a ,strategic ,scientist at ,wuhan ,university of ,technology in ,china 7referred to in this subparagraph as ,,wut7 and was a contractual participant in the ,thousand ,talents ,plan from #bjab to #bjag4 ,under the terms of the ,thousand ,talents contract1 ,,wut paid ,lieber #ej1jjj per month1 paid him living expenses of up to approximately #aeh1jjj1 and awarded him more than #a1ejj1jjj to establish a research lab at ,,wut4 ,in return1 ,lieber was obligated to work for ,,wut for #i months per year4 ,lieber lied about his involvement with ,,wut to both ,harvard ,university and ,federal investigators4 ,in ,january #bjbj1 ,lieber was arrested and charged with making a materially false1 fictitious and fraudulent statement4 7,e7 ,in ,january #bjbj1 ,yanqing ,ye1 a ,chinese national1 ,lieutenant of the ,people's ,liberation ,army 7referred to in this subparagraph as the ,,pla71 and member of the ,,ccp1 was indicted on visa fraud1 false statements1 and acting as an agent of a foreign power without prior notification4 ,ye allegedly falsely identified as a student and lied about her ongoing military service at the ,national ,university of ,defense ,technology4 ,while studying at ,boston ,university's ,department of ,physics1 ,chemistry1 and ,biomedical ,engineering1 ,ye continued to work as a ,,pla ,lieutenant and completed assignments from ,,pla officers1 including conducting research1 assessing ,united ,states military websites1 and sending ,united ,states documents and information to ,china4 7,f7 ,in ,january #bjbj1 ,zaoson ,zheng1 a ,chinese national1 was arrested at ,logan ,airport in ,boston and charged with attempting to smuggle #ba vials of biological research to ,china4 ,zheng had allegedly entered the ,united ,states in #bjah on a ,j-#a visa and conducted cancer cell research at ,beth ,israel ,deaconess ,medical ,center in ,boston4 ,zheng admitted he stole the vials from a lab at ,beth ,israel1 and that he intended to bring the vials to ,china1 use them to conduct research in his own laboratory1 and publish the results under his own name4 7,g7 ,in ,december #bjai1 the ,van ,andel ,research ,institute 7referred to in this subparagraph as ,,vari7 reached a settlement with the ,department of ,justice to pay #e1ejj1jjj to resolve allegations that it violated the law commonly known as the ,false ,claims ,act 7section #cgbi through #cgcc of title #ca1 ,united ,states ,code7 by failing to disclose1 in ,federal grant applications and progress reports submitted to ,,nih1 that the ,chinese government funded #b ,,vari researchers through grants4 ,the ,,vari researchers were receiving research funding from ,chinese sources while ,,vari was applying for and receiving ,,nih funding on their behalf4 7,h7 ,in ,september #bjai1 ,yu ,zhou and ,li ,chen were charged with crimes related to stealing exosome-related trade secrets4 ,zhou and ,chen1 spouses who worked in separate medical research labs at the ,nationwide ,children's ,hospital ,research ,institute1 conspired to steal scientific trade secrets related to exosomes and exosome isolation from the ,research ,institute4 ,the couple allegedly founded a company in ,china without the hospital's knowledge4 ,while employed at the ,research ,institute1 they marketed products and services related to exosome isolation through their ,chinese company4 ,they also founded an ,american biotechnology company advertising products and services related to exosomes isolation1 including a kit developed from a trade secret created at a ,nationwide ,children's research lab4 ,they eventually received more than #hgf1jjj and stock related to an asset purchase agreement involving the ,american company4 7,i7 ,in ,august #bjai1 ,feng ,tao1 an associate professor at ,kansas ,university1 was indicted on ,federal charges for concealing the fact that he was a full-time employee for ,fuzhou ,university in ,china while doing research at ,kansas ,university funded by the ,united ,states ,government4 ,tao allegedly defrauded the ,united ,states ,government by unlawfully receiving ,federal grant money at the same time that he was employed and paid by a ,chinese research university4 7,j7 ,weiqiang ,zhang1 a ,chinese national and ,united ,states legal permanent resident1 acquired1 without authorization1 hundreds of rice seeds produced by his employer1 ,ventria ,bioscience4 ,ventria is a ,kansas biopharmaceutical research facility that develops genetically programmed rice to express recombinant human proteins1 which are then extracted for use in the therapeutic and medical fields4 ,ventria spent millions of dollars and years of research developing its seeds and cost-effective methods to extract the proteins4 ,ventria used locked doors with magnetic card readers to restrict access to the temperature-controlled environment where the seeds were stored and processed4 ,zhang worked as a rice breeder for ,ventria4 ,in #bjac1 personnel from a crop research institute in ,china visited ,zhang at his home in ,kansas4 ,zhang drove the visitors to tour facilities in several ,states4 ,united ,states ,customs and ,border ,protection officers found seeds belonging to ,ventria in the luggage of ,zhang's visitors as they prepared to leave the ,united ,states for ,china4 ,in ,april #bjah1 ,zhang was sentenced to #aba months in a ,federal prison after having been convicted in ,february #bjag of #a count of conspiracy to steal trade secrets1 #a count of conspiracy to commit interstate transportation of stolen property1 and #a count of interstate transportation of stolen property4 7#af7 ,it remains a national security priority for the ,united ,states to protect the research and innovation developed in ,united ,states colleges and universities from misappropriation by any country1 including the ,,prc4 #ejb4 ,definitions ,in this title3 7#a7 ,agency head ,the term agency head1 with respect to a covered research project1 means the head of the covered agency providing the funding for the covered research project4 7#b7 ,covered agency ,the term covered agency means-- 7,a7 the ,department of ,defense2 7,b7 the ,department of ,energy2 and 7,c7 an element of the intelligence community1 as defined in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc74 7#c7 ,covered country ,the term covered country means-- 7,a7 the ,people's ,republic of ,china2 and 7,b7 any other country designated by the ,director1 based on findings similar to the findings under subsection 7a71 which shall include consideration of-- 7i7 whether the country poses an existential threat to the economic interests and national security of the ,united ,states2 7ii7 whether the country engages in persistent efforts to steal sensitive technology and proprietary information from companies1 academic institutions1 and other organizations of the ,united ,states through economic espionage and other forms of nontraditional espionage2 7iii7 whether nontraditional forms of espionage serve as primary tools to further the goals of the country2 7iv7 whether the nontraditional forms of espionage described in clause 7iii7 include-- 7,i7 talent recruitment programs designed to recruit the country's nationals to acquire knowledge about--and1 often1 steal--valuable and sensitive research at universities and research institutions abroad2 7,,ii7 luring foreign experts to the country to work on key strategic programs2 7,,iii7 using mergers and acquisitions or joint ventures as a means to gain access to high-level technology2 7,,iv7 using cyber intrusions to steal information2 and 7,v7 using front companies for state-affiliated entities to acquire export-controlled technology2 7v7 whether the country has systematically sought to identify areas of ,united ,states innovation1 education1 and technology that could be replicated1 stolen1 or appropriated2 and 7vi7 whether the ,office of the ,united ,states ,trade ,representative has placed the country on the ,priority ,watch ,list4 7#d7 ,covered person ,the term covered person means an individual or institution of higher education that has a financial relationship with-- 7,a7 a covered country2 7,b7 a political party within a covered country2 7,c7 a person who acts as an agent1 representative1 employee1 or servant of a covered country2 or 7,d7 a person who acts in any other capacity at the order or request1 or under the direction or control1 of a covered country4 7#e7 ,covered research project ,the term covered research project means a research project at an institution of higher education-- 7,a7 that is funded in whole or in part by a covered agency2 and 7,b7 the subject of which is-- 7i7 an item subject to the ,export ,control ,reform ,act of #bjah 7#bj ,u4,s4,c4 #dhja et seq472 7ii7 an item listed on the ,commerce ,control ,list 7commonly known as the ,,ccl7 set forth in ,supplement ,no4 #a to part #ggd of title #ae1 ,code of ,federal ,regulations2 or 7iii7 an item listed on the ,united ,states ,munitions ,list under section #ch7;a77#a7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bggh7;a77#a774 7#f7 ,director ,the term ,director means the ,director of ,national ,intelligence4 7#g7 ,financial relationship ,the term financial relationship means-- 7,a7 any arrangement under which compensation is provided1 directly or indirectly1 by a covered country1 or another entity or person described in subparagraph 7,b71 7,c71 or 7,d7 of paragraph 7#d71 to-- 7i7 a covered person2 or 7ii7 an institution of higher education2 or 7,b7 any direct or indirect ownership or investment interest by a covered country1 or another entity or person described in subparagraph 7,b71 7,c71 or 7,d7 of paragraph 7#d71 in an institution of higher education4 7#h7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a774 #ejc4 ,approval of covered persons in sensitive ,government-funded research projects 7a7 ,approval required 7#a7 ,in general ,a covered person may not participate in a covered research project unless the covered person applies for and receives approval from the agency head to participate4 7#b7 ,requirements ,an agency head may not approve a covered person to participate in a covered research project unless the agency head-- 7,a7 performs a background check on the covered person in consultation with the ,director2 and 7,b7 collects any other relevant information about the covered person that the agency head determines appropriate1 except any information pertaining to ,united ,states persons that the agency head is prohibited by law from collecting4 7b7 ,penalty ,if an agency head determines that a covered person participating in a covered research project commenced on the date of enactment of this section has violated subsection 7a71 the agency head may-- 7#a7 impose a probationary period1 not to exceed #f months1 on the head of the project or the project2 7#b7 reduce1 limit1 or eliminate the funding for the project until the violation is remedied2 7#c7 permanently eliminate the funding for the project2 or 7#d7 take any other action determined appropriate by the agency head4 #ejd4 ,disclosure of research assistance from foreign governments 7a7 ,in general ,chapter #de of title #ah1 ,united ,states ,code1 is amended by inserting after section #iea the following3 #iea;,a4 ,disclosure of research assistance from foreign governments 7a7 ,definitions ,in this section-- 7#a7 the terms agent of a foreign principal and foreign principal have the meanings given those terms in section #a of the ,foreign ,agents ,registration ,act of #aich1 as amended 7#bb ,u4,s4,c4 #faa72 7#b7 the term covered research project has the meaning given the term in section #ejb of the ,combating ,chinese ,purloining of ,trade ,secrets ,act2 and 7#c7 the term institution of higher education has the meaning given the term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7b7 ,funding and other assistance 7#a7 ,failure to disclose foreign funding 7,a7 ,offense ,it shall be unlawful for a person1 while applying for or accepting a grant or other funding from an agency of the ,united ,states for a covered research project1 to knowingly and willfully fail to disclose to the agency any grant or other funding that the person has received or will receive for the same project from a foreign principal or an agent of a foreign principal1 including through an intermediary4 7,b7 ,penalty ,any person who violates subparagraph 7,a7 shall be fined under this title1 imprisoned for not more than #c years1 or both4 7#b7 ,failure to disclose material facts 7,a7 ,offense ,it shall be unlawful for a person1 while applying for or accepting a grant or other funding from an agency of the ,united ,states for a covered research project1 to knowingly and willfully fail to disclose to the agency a material fact relating to a connection between a foreign country and the project that might substantially impact the decision of the agency to provide funding to the project1 including the fact that a person providing any assistance1 including financial assistance1 to the project is-- 7i7 a national of a foreign country2 7ii7 affiliated with an institution comparable to an institution of higher education of higher learning1 or another organization1 that is headquartered in or substantially funded by a foreign country2 or 7iii7 engaging in research activities for the project in a foreign country4 7,b7 ,penalty ,any person who violates subparagraph 7,a7 shall be fined under this title1 imprisoned for not more than #a year1 or both4 7#c7 ,institutions of higher education ,any institution of higher education that knowingly and willfully fails to disclose to the appropriate agency of the ,united ,states that an officer1 agent1 or employee of the institution of higher education violated this subsection shall be fined not more than #a1jjj1jjj for each such violation4 7c7 ,transmission of information 7#a7 ,offense ,it shall be unlawful for any person1 while applying for or accepting a grant or other funding from an agency of the ,united ,states for a covered research project1 to knowingly transmit or attempt to transmit information gained in violation of a contract to which the person is a party1 including a contract regarding nondisclosure of information1 employment1 or the provision of goods or services1 intending or knowing that the transmission will benefit a foreign principal or an agent of a foreign principal4 7#b7 ,penalty ,any person who violates paragraph 7#a7 shall be fined under this title1 imprisoned for not more than #aj years1 or both4 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #de of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #iej the following3 #iea;,a4 ,disclosure of research assistance from foreign governments4 4