Not later than 180 days after December 19, 2014, and annually thereafter through 2020, the President shall submit to the appropriate congressional committees a report on foreign economic and industrial espionage in cyberspace during the 12-month period preceding the submission of the report that-
For purposes of clauses (i) and (ii) of paragraph (1)(A), the President shall identify a foreign country as a foreign country that engages in economic or industrial espionage in cyberspace with respect to trade secrets or proprietary information owned by United States persons if the government of the foreign country-
Each report required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex.
The President may, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of each person described in paragraph (2), if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
A person described in this paragraph is a foreign person the President determines knowingly requests, engages in, supports, facilitates, or benefits from the significant appropriation, through economic or industrial espionage in cyberspace, of technologies or proprietary information developed by United States persons.
The authority to impose sanctions under paragraph (1) shall not include the authority to impose sanctions on the importation of goods.
The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this subsection.
The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, or conspires to violate, or causes a violation of, this subsection or a regulation prescribed under this subsection to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act [50 U.S.C. 1705(a)] .
Nothing in this section shall be construed to affect the application of any penalty or the exercise of any authority provided for under any other provision of law.
In this section:
The term "appropriate congressional committees" means-
The term "cyberspace"-
The term "economic or industrial espionage" means-
The term "knowingly", with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.
The term "own", with respect to a trade secret or proprietary information, means to hold rightful legal or equitable title to, or license in, the trade secret or proprietary information.
The term "person" means an individual or entity.
The term "proprietary information" means competitive bid preparations, negotiating strategies, executive emails, internal financial data, strategic business plans, technical designs, manufacturing processes, source code, data derived from research and development investments, and other commercially valuable information that a person has developed or obtained if-
The term "technology" has the meaning given that term in section 16 1 of the Export Administration Act of 1979 (50 U.S.C. 4618) (as in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)).
The term "trade secret" has the meaning given that term in section 1839 of title 18.
The term "United States person" means-
1 See References in Text note below.
50 U.S.C. § 1708
EDITORIAL NOTES
REFERENCES IN TEXTThe International Emergency Economic Powers Act, referred to in subsecs. (b)(1) and (d)(8), is title II of Pub. L. 95-223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of this title and Tables.Section 16 of the Export Administration Act of 1979 (50 U.S.C. 4618), referred to subsec. (d)(8), was repealed by Pub. L. 115-232, §1766, 132 Stat. 2232.
CODIFICATIONSection was enacted as part of the Carl Levin and Howard P. "Buck" McKeon National Defense Authorization Act for Fiscal Year 2015, and not as part of the International Emergency Economic Powers Act which comprises this chapter.
- appropriate congressional committees
- The term "appropriate congressional committees" means-(A) the congressional intelligence committees;(B) the Committee on Armed Services of the Senate;(C) the Committee on Appropriations of the Senate;(D) the Committee on Homeland Security and Governmental Affairs of the Senate;(E) the Committee on Armed Services of the House of Representatives;(F) the Committee on Appropriations of the House of Representatives;(G) the Committee on Homeland Security of the House of Representatives; and(H) the Committee on Oversight and Reform of the House of Representatives.