,,ii #aagth ,,congress #ast ,session ,s4 #bjfg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ae1 #bjba,mr4 ,cornyn 7for himself1 ,mr4 ,coons1 and ,mr4 ,young7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to amend the ,tariff ,act of #aicj to provide procedures for national security exclusion from the ,united ,states of articles or components of articles that contain1 were produced using1 benefit from1 or use trade secrets misappropriated or acquired through improper means by a foreign agent or foreign instrumentality1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,stopping and ,excluding ,chinese ,rip-offs and ,exports with ,united ,states ,trade ,secrets ,act of #bjba or the ,,secrets ,act of #bjba4 #b4 ,national security exclusion for articles or components of articles that contain1 were produced using1 benefit from1 or use trade secrets misappropriated or acquired through improper means by a foreign agent or foreign instrumentality 7a7 ,national security exclusion ,title ,,iii of the ,tariff ,act of #aicj is amended by inserting after section #cda 7#ai ,u4,s4,c4 #acda7 the following3 #cdb4 ,national security exclusion for articles or components of articles that contain1 were produced using1 benefit from1 or use trade secrets misappropriated or acquired through improper means by a foreign agent or foreign instrumentality 7a7 ,in general ,upon a determination under subsection 7c77#a71 and subject to the procedures required under subsection 7d71 the ,commission shall direct the exclusion from the ,united ,states of1 on the basis of national security1 imports of articles that contain1 were produced using1 benefit from1 or use any trade secret acquired through improper means or misappropriation by a foreign agent or foreign instrumentality4 7b7 ,interagency ,committee on ,trade ,secrets 7#a7 ,in general ,there is established an ,interagency ,committee on ,trade ,secrets 7in this section referred to as the ,committee7 to carry out the review and submission of allegations under paragraph 7#e7 and such other duties as the ,president may designate as necessary to carry out this section4 7#b7 ,membership 7,a7 ,in general ,the ,committee shall be comprised of the following voting members 7or the designee of any such member73 7i7 ,the ,secretary of the ,treasury4 7ii7 ,the ,secretary of ,homeland ,security4 7iii7 ,the ,secretary of ,commerce4 7iv7 ,the ,attorney ,general4 7v7 ,the ,intellectual ,property ,enforcement ,coordinator4 7vi7 ,the ,united ,states ,trade ,representative4 7vii7 ,the head of such other ,federal agency or other executive office as the ,president determines appropriate1 generally or on a case-by-case basis4 7,b7 ,director of ,national ,intelligence 7i7 ,in general ,the ,director of ,national ,intelligence shall serve as an ex officio1 nonvoting member of the ,committee4 7ii7 ,notice ,the ,director of ,national ,intelligence shall be provided with all notices received by the ,committee regarding allegations under paragraph 7#e7 but shall serve no policy role on the ,committee other than to provide analysis unless serving on the ,committee under subparagraph 7,a77vii74 7#c7 ,chairperson ,the ,attorney ,general shall serve as the chairperson of the ,committee4 7#d7 ,meetings ,the ,committee shall meet upon the direction of the ,president or upon the call of the chairperson1 without regard to section #eeb;b of title #e1 ,united ,states ,code 7if otherwise applicable74 7#e7 ,unfair trade practice review ,the ,committee shall-- 7,a7 review upon complaint under oath by the owner of a trade secret or on its own initiative any allegations that an article imported or to be imported into the ,united ,states is a covered article2 and 7,b7 if the ,committee decides to proceed with those allegations1 submit to the ,commission a report including those allegations4 7c7 ,ex parte preliminary review1 investigation1 and determination 7#a7 ,ex parte preliminary review ,not later than #cj days after receipt of an allegation contained in a report under subsection 7b77#e77;,b7 with respect to an article imported or to be imported into the ,united ,states1 the ,commission shall conduct a confidential1 ex parte1 preliminary review to determine whether there is a reasonable indication the article is more likely than not a covered article4 7#b7 ,investigation 7,a7 ,in general ,not later than #aej days after an affirmative determination under paragraph 7#a71 the ,commission shall conduct an ex parte1 in-depth investigation1 which may include a hearing at the discretion of the ,commission1 to consider if that determination should be extended under paragraph 7#c74 7,b7 ,analysis by ,director of ,national ,intelligence 7i7 ,in general ,as part of an investigation conducted under subparagraph 7,a7 with respect to an allegation contained in a report under subsection 7b77#e77;,b71 the ,director of ,national ,intelligence1 at the request of the ,commission1 shall expeditiously carry out a thorough analysis of the allegation and shall incorporate the views of appropriate intelligence agencies with respect to the allegation4 7ii7 ,timing ,not later than #bj days after the date on which the ,commission begins an investigation under subparagraph 7,a71 the ,director of ,national ,intelligence shall submit to the ,commission the analysis requested under clause 7i74 7iii7 ,supplementation or amendment ,any analysis submitted under clause 7i7 may be supplemented or amended as the ,director of ,national ,intelligence considers necessary or appropriate or upon request by the ,commission for additional information4 7iv7 ,beginning of analysis before investigation ,the ,director of ,national ,intelligence may begin an analysis under clause 7i7 of an allegation contained in a report under subsection 7b77#e77;,b7 before investigation by the ,commission of the allegation under subparagraph 7,a71 in accordance with applicable law4 7#c7 ,extension1 modification1 or termination 7,a7 ,in general ,the ,commission may extend1 modify1 or terminate a determination under paragraph 7#a7 for good cause and as necessary and appropriate1 as determined by the ,commission in consultation with the ,committee and based on the findings of the investigation conducted under paragraph 7#b74 7,b7 ,reconsideration ,the ,commission shall reconsider any extension1 modification1 or termination under subparagraph 7,a7 of a determination under paragraph 7#a7 upon the request of the ,committee4 7#d7 ,consideration ,in conducting a preliminary review under paragraph 7#a7 or an investigation under paragraph 7#b7 with respect to an article1 the ,commission may consider the following3 7,a7 ,if the article contains1 was produced using1 benefits from1 or uses any trade secret acquired through improper means or misappropriation by a foreign agent or foreign instrumentality4 7,b7 ,the national security and policy interests of the ,united ,states1 as established by the ,committee for purposes of this section4 7#e7 ,disclosure of confidential information 7,a7 ,in general ,information submitted to the ,commission or exchanged among the interested persons in connection with a preliminary review under paragraph 7#a7 or an investigation under paragraph 7#b71 including by the owner of the trade secret with respect to which the review or investigation is connected1 may not be disclosed 7except under a protective order issued under regulations of the ,commission that authorizes limited disclosure of such information7 to any person other than a person described in subparagraph 7,b74 7,b7 ,exception ,notwithstanding the prohibition under subparagraph 7,a71 information described in that subparagraph may be disclosed to-- 7i7 an officer or employee of the ,commission who is directly concerned with-- 7,i7 carrying out the preliminary review1 investigation1 or related proceeding in connection with which the information is submitted2 7,,ii7 the administration or enforcement of a national security exclusion order issued under subsection 7d72 7,,iii7 a proceeding for the modification or rescission of a national security exclusion order issued under subsection 7d72 or 7,,iv7 maintaining the administrative record of the preliminary review1 investigation1 or related proceeding2 7ii7 an officer or employee of the ,united ,states ,government who is directly involved in the review under subsection 7d77#b72 or 7iii7 an officer or employee of ,u4,s4 ,customs and ,border ,protection who is directly involved in administering an exclusion from entry under subsection 7d7 resulting from the preliminary review1 investigation1 or related proceeding in connection with which the information is submitted4 7#f7 ,publication of results ,not later than #cj days after a determination under paragraph 7#a7 or an extension under paragraph 7#c71 the ,commission shall publish notice of the determination or extension1 as the case may be1 in the ,federal ,register4 7#g7 ,designation of lead agency from committee 7,a7 ,in general ,the ,attorney ,general shall designate1 as appropriate1 a ,federal agency or agencies represented on the ,committee to be the lead agency or agencies on behalf of the ,committee for each action under paragraphs 7#a7 through 7#c74 7,b7 ,duties ,the duties of the lead agency or agencies designated under subparagraph 7,a71 with respect to an action under paragraphs 7#a7 through 7#c71 shall include assisting in the action and coordinating activity between the ,committee and the ,commission4 7#h7 ,consultation 7,a7 ,in general ,in conducting an action under paragraphs 7#a7 through 7#c71 the ,commission shall consult with the heads of such other ,federal agencies 7or their designees7 as the ,commission determines appropriate on the basis of the facts and circumstances of the action4 7,b7 ,cooperation ,the heads of ,federal agencies consulted under subparagraph 7,a7 for an action1 and the agency or agencies designated under paragraph 7#g77;,a71 shall cooperate with the ,commission in conducting the action1 including by-- 7i7 producing documents and witnesses for testimony2 and 7ii7 assisting with any complaint or report or any analysis by the ,committee4 7#i7 ,interaction with intelligence community ,the ,director of ,national ,intelligence shall ensure that the intelligence community 7as defined in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc77 remains engaged in the collection1 analysis1 and dissemination to the ,commission of any additional relevant information that may become available during the course of any action conducted under paragraphs 7#a7 through 7#c74 7#aj7 ,rule of construction regarding submission of additional information ,nothing in this subsection shall be construed as prohibiting any interested person to an allegation described in subsection 7b77#e7 from submitting additional information concerning the allegation while an action under paragraphs 7#a7 through 7#c7 with respect to the allegation is ongoing4 7d7 ,procedures for national security exclusion 7#a7 ,in general ,if the ,commission determines under subsection 7c77#a7 that it is more likely than not that an article to be imported into the ,united ,states is a covered article1 not later than #cj days after receipt of the allegation described in that subsection with respect to that determination1 the ,commission shall-- 7,a7 direct through an order that the article concerned be excluded from entry into the ,united ,states under subsection 7a72 and 7,b7 notify the ,president of that determination4 7#b7 ,presidential review ,if1 before the end of the #ae-;day period beginning on the day after the date on which the ,president is notified under paragraph 7#a77;,b7 of the determination of the ,commission under subsection 7c77#a71 the ,president disapproves of that determination and notifies the ,commission of that disapproval1 effective on the date of that notice1 that determination shall have no force or effect4 7#c7 ,action by ,secretary of the ,treasury 7,a7 ,notification ,upon expiration of the #ae-;day period described in paragraph 7#b71 or notification from the ,president of approval of the determination of the ,commission under subsection 7c77#a7 before the expiration of that period1 the ,commission shall notify the ,secretary of the ,treasury and the ,secretary of ,homeland ,security of its action under subsection 7a7 to direct the exclusion of covered articles from entry4 7,b7 ,refusal of entry ,upon receipt of notice under subparagraph 7,a7 regarding the exclusion of covered articles from entry1 the ,secretary of the ,treasury and the ,secretary of ,homeland ,security shall refuse the entry of those articles4 7#d7 ,continuation in effect ,any exclusion from entry of covered articles under subsection 7a7 shall continue in effect until the ,commission-- 7,a7 determines that the conditions that led to such exclusion from entry do not exist2 and 7,b7 notifies the ,secretary of the ,treasury and the ,secretary of ,homeland ,security of that determination4 7#e7 ,modification or rescission 7,a7 ,in general ,an interested person may petition the ,commission for a modification or rescission of an exclusion order under subsection 7a74 7,b7 ,revisitation of exclusion ,the ,commission may modify or rescind the exclusion at any time at the discretion of the ,commission4 7,c7 ,burden of proof ,the burden of proof in any proceeding before the ,commission regarding a petition made by an interested person under subparagraph 7,a7 shall be on the interested person4 7,d7 ,relief ,a modification or rescission for which a petition is made under subparagraph 7,a7 may be granted by the ,commission-- 7i7 on the basis of new evidence or evidence that could not have been presented at the prior proceeding2 or 7ii7 on grounds that would permit relief from a judgment or order under the ,federal ,rules of ,civil ,procedure4 7,e7 ,evidentiary standard ,a modification or rescission may be made under subparagraph 7,a7 if an interested person provides to the ,commission clear and convincing evidence that such a modification or rescission should be made4 7e7 ,civil actions 7#a7 ,in general ,a civil action challenging a determination by the ,commission under subsection 7a7 may be brought only-- 7,a7 in the ,united ,states ,court of ,appeals for the ,federal ,circuit2 and 7,b7 not later than #fj days after a petition for modification or rescission under subsection 7d77#e7 with respect to that determination has been conclusively decided4 7#b7 ,procedures for review of privileged information ,if a civil action challenging an determination under subsection 7a7 is brought under paragraph 7#a7 and the court determines that protected information in the administrative record1 including classified or other information subject to privilege or protections under law1 is necessary to resolve the challenge1 that information shall be submitted ex parte and in camera to the court and the court shall maintain that information under seal4 7#c7 ,applicability of use of information provisions ,the use of information provisions of sections #ajf1 #cje1 #dje1 and #gjf of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjf1 #ahbe1 #ahde1 and #ahha;e7 shall not apply in a civil action challenging an investigation or determination under this subsection4 7f7 ,inapplicability of the ,administrative ,procedure ,act 7#a7 ,in general ,the requirements of subchapter ,,ii of chapter #e of title #e1 ,united ,states ,code1 shall not apply to-- 7,a7 an action conducted by the ,commission under paragraphs 7#a7 through 7#c7 of subsection 7c72 or 7,b7 the procedures for exclusion under paragraphs 7#d7 and 7#e7 of subsection 7d74 7#b7 ,adjudication ,any adjudication under this section shall not be subject to the requirements of sections #eed1 #eef1 and #eeg of title #e1 ,united ,states ,code4 7g7 ,freedom of ,information ,act exception ,section #eeb of title #e1 ,united ,states ,code 7commonly referred to as the ,freedom of ,information ,act71 shall not apply to the activities conducted under this section4 7h7 ,exclusion ,any exclusion under this section shall not be subject to section #aeha of title #bh1 ,united ,states ,code4 7i7 ,regulations ,the ,commission may prescribe such regulations as the ,commission considers necessary and appropriate to carry out this section4 7j7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this section4 7k7 ,definitions ,in this section3 7#a7 ,article ,the term article includes any article or component of an article4 7#b7 ,covered article ,the term covered article means an article subject to exclusion from the ,united ,states under subsection 7a74 7#c7 ,foreign agent2 foreign instrumentality2 improper means2 misappropriation2 owner2 trade secret ,the terms foreign agent1 foreign instrumentality1 improper means1 misappropriation1 owner1 and trade secret have the meanings given those terms in section #ahci of title #ah1 ,united ,states ,code4 7#d7 ,interested person ,the term interested person1 with respect to an allegation under subsection 7b77#e71 means a person named in the allegation or otherwise identified by the ,commission as having a material interest with respect to the allegation4 4 7b7 ,clerical amendment ,the table of contents for the ,tariff ,act of #aicj is amended by inserting after the item relating to section #cda the following3 ,sec4 #cdb4 ,national security exclusion for articles or components of articles that contain1 were produced using1 benefit from1 or use trade secrets misappropriated or acquired through improper means by a foreign agent or foreign instrumentality4 4