privacy of United States citizens by accessing and 
exploiting 
personally 
identifiable 
information 
through cyber economic espionage. 
(6) The People’s Republic of China, the Rus-
sian Federation, and other countries responsible for 
such cyber economic espionage are members of the 
World Trade Organization (WTO) and have agreed 
to comply with the global system of rules and obliga-
tions governing the international commerce and 
trade among member states. 
(7) The United States has recognized the mem-
bership of the People’s Republic of China, the Rus-
sian Federation, and other countries into the WTO 
by granting them Permanent Normal Trade Rela-
tions (PNTR) status under United States law. 
(8) Cyber economic espionage undermines the 
cooperative relationships between the United States 
and countries tolerating or encouraging such activi-
ties. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) cyber economic espionage should be a pri-
ority issue in all economic and diplomatic discussions 
with the People’s Republic of China, including dur-
ing all meetings of the U.S.-China Strategic and 
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Economic Dialogue, and with the Russian Federa-
tion and other countries determined to encourage, 
tolerate, or conduct such cyber economic espionage 
at appropriate bilateral meetings; 
(2) the United States should intensify diplo-
matic efforts in appropriate international fora such 
as the United Nations, the Organisation for Eco-
nomic Cooperation and Development (OECD), and 
summits such as the G–8 and G–20 summits, to ad-
dress the harm to the international economic order 
by cyber economic espionage; and 
(3) the Department of Justice should increase 
its efforts to bring economic espionage criminal 
cases against offending foreign actors, with penalties 
to include both fines and imprisonment, as well as 
encourage further cooperation among countries to 
address cyber economic espionage through criminal 
prosecutions. 
SEC. 3. IDENTIFICATION OF PERSONS RESPONSIBLE FOR 
CYBER ESPIONAGE OF INTELLECTUAL PROP-
ERTY OF UNITED STATES PERSONS. 
(a) IN GENERAL.—Not later than 120 days after the 
date of the enactment of this Act, the President shall sub-
mit to the appropriate congressional committees a list of 
persons who are officials of a foreign government or per-
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sons acting on behalf of a foreign government that the 
President determines, based on credible information— 
(1) are responsible for cyber espionage of intel-
lectual property of United States persons; or 
(2) acted as an agent of or on behalf of a per-
son in a matter relating to an activity described in 
paragraph (1). 
(b) UPDATES.—The President shall submit to the ap-
propriate congressional committees an update of the list 
required by subsection (a) as new information becomes 
available. 
(c) FORM.— 
(1) IN GENERAL.—The list required by sub-
section (a) shall be submitted in unclassified form. 
(2) EXCEPTION.—The name of a person to be 
included in the list required by subsection (a) may 
be submitted in a classified annex only if the Presi-
dent— 
(A) determines that it is vital for the na-
tional security interests of the United States to 
do so; 
(B) uses the annex in such a manner con-
sistent with congressional intent and the pur-
poses of this Act; and 
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(C) 15 days prior to submitting the name 
in a classified annex, provides to the appro-
priate congressional committees notice of, and a 
justification for, including or continuing to in-
clude each person in the classified annex despite 
any publicly available credible information indi-
cating that the person engaged in an activity 
described in paragraph (1) or (2) of subsection 
(a). 
(3) PUBLIC
AVAILABILITY.—The unclassified 
portion of the list required by subsection (a) shall be 
made available to the public and published in the 
Federal Register. 
(d) REMOVAL FROM LIST.—A person may be re-
moved from the list required by subsection (a) if the Presi-
dent determines and reports to the appropriate congres-
sional committees not less than 15 days prior to the re-
moval of the person from the list that credible information 
exists that the person did not engage in the activity for 
which the person was added to the list. 
(e) REQUESTS
BY CHAIRPERSON
AND RANKING 
MEMBER
OF APPROPRIATE CONGRESSIONAL COMMIT-
TEES.— 
(1) IN
GENERAL.—Not later than 120 days 
after receiving a written request from the chair-
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person and ranking member of one of the appro-
priate congressional committees with respect to 
whether a person meets the criteria for being added 
to the list required by subsection (a), the President 
shall submit a response to the chairperson and rank-
ing member of the committee which made the re-
quest with respect to the status of the person. 
(2) FORM.—The President may submit a re-
sponse required by paragraph (1) in classified form 
if the President determines that it is necessary for 
the national security interests of the United States 
to do so. 
(3) REMOVAL.—If the President removes from 
the list required by subsection (a) a person who has 
been placed on the list at the request of the chair-
person and ranking member of one of the appro-
priate congressional committees, the President shall 
provide the chairperson and ranking member with 
any information that contributed to the removal de-
cision. The President may submit such information 
in classified form if the President determines that 
such is necessary for the national security interests 
of the United States. 
(f) NONAPPLICABILITY
OF CONFIDENTIALITY RE-
QUIREMENT WITH RESPECT TO VISA RECORDS.—The 
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President shall publish the list required by subsection (a) 
without regard to the requirements of section 222(f) of 
the Immigration and Nationality Act (8 U.S.C. 1202(f)) 
with respect to confidentiality of records pertaining to the 
issuance or refusal of visas or permits to enter the United 
States. 
SEC. 4. INADMISSIBILITY OF CERTAIN ALIENS. 
(a) INELIGIBILITY FOR VISAS.—An alien is ineligible 
to receive a visa to enter the United States and ineligible 
to be admitted to the United States if the alien is on the 
list required by section 3(a). 
(b) CURRENT VISAS REVOKED.—The Secretary of 
State, in consultation with the Secretary of Homeland Se-
curity, shall revoke, in accordance with section 221(i) of 
the Immigration and Nationality Act (8 U.S.C. 1201(i)), 
the visa or other documentation of any alien who would 
be ineligible to receive such a visa or documentation under 
subsection (a) of this section. 
(c) WAIVER FOR NATIONAL SECURITY INTERESTS.— 
(1) IN GENERAL.—The Secretary of State may 
waive the application of subsection (a) or (b) in the 
case of an alien if— 
(A) the Secretary determines that such a 
waiver— 
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(i) is necessary to permit the United 
States to comply with the Agreement be-
tween the United Nations and the United 
States of America regarding the Head-
quarters of the United Nations, signed 
June 26, 1947, and entered into force No-
vember 21, 1947, or other applicable inter-
national obligations of the United States; 
or 
(ii) is in the national security interests 
of the United States; and 
(B) prior to granting such a waiver, the 
Secretary provides to the appropriate congres-
sional committees notice of, and a justification 
for, the waiver. 
(2) TIMING FOR CERTAIN WAIVERS.—Notifica-
tion under subparagraph (B) of paragraph (1) shall 
be made not later than 15 days prior to granting a 
waiver under such paragraph if the Secretary grants 
such waiver in the national security interests of the 
United States in accordance with subparagraph 
(A)(ii) of such paragraph. 
(d) REGULATORY AUTHORITY.—The Secretary of 
State shall prescribe such regulations as are necessary to 
carry out this section. 
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SEC. 5. FINANCIAL MEASURES. 
(a) FREEZING OF ASSETS.— 
(1) IN GENERAL.—The President shall exercise 
all powers granted by the International Emergency 
Economic Powers Act (50 U.S.C. 1701 et seq.) (ex-
cept that the requirements of section 202 of such 
Act (50 U.S.C. 1701) shall not apply) to the extent 
necessary to freeze and prohibit all transactions in 
all property and interests in property of a person 
who is on the list required by section 3(a) of this 
Act 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. 
(2) EXCEPTION.—Paragraph (1) shall not 
apply to persons included on the classified annex 
under section 3(c)(2) if the President determines 
that such an exception is vital for the national secu-
rity interests of the United States. 
(b) WAIVER FOR NATIONAL SECURITY INTERESTS.— 
The Secretary of the Treasury may waive the application 
of subsection (a) if the Secretary determines that such a 
waiver is in the national security interests of the United 
States. Not less than 15 days prior to granting such a 
waiver, the Secretary shall provide to the appropriate con-
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gressional committees notice of, and a justification for, the 
waiver. 
(c) ENFORCEMENT.— 
(1) PENALTIES.—A person that violates, at-
tempts to violate, conspires to violate, or causes a 
violation of this section or any regulation, license, or 
order issued to carry out this section shall be subject 
to the penalties set forth in subsections (b) and (c) 
of section 206 of the International Emergency Eco-
nomic Powers Act (50 U.S.C. 1705) to the same ex-
tent as a person that commits an unlawful act de-
scribed in subsection (a) of such section. 
(2) REQUIREMENTS FOR FINANCIAL INSTITU-
TIONS.—Not later than 120 days after the date of 
the enactment of this Act, the Secretary of the 
Treasury shall prescribe or amend regulations as 
needed to require each financial institution that is a 
United States person and has within its possession 
or control assets that are property or interests in 
property of a person who is on the list required by 
section 3(a) if such property and interests in prop-
erty are in the United States to certify to the Sec-
retary that, to the best of the knowledge of the fi-
nancial institution, the financial institution has fro-
zen all assets within the possession or control of the 
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financial institution that are required to be frozen 
pursuant to subsection (a). 
(d) SPECIALLY DESIGNATED NATIONALS LIST.—The 
Secretary of the Treasury shall include on the list of spe-
cially designated nationals and blocked persons main-
tained by the Office of Foreign Assets Control of the De-
partment of the Treasury each person who is on the list 
required by section 3(a) of this Act. 
(e) REGULATORY AUTHORITY.—The Secretary of the 
Treasury shall issue such regulations, licenses, and orders 
as are necessary to carry out this section. 
SEC. 6. REPORT TO CONGRESS. 
Not later than one year after the date of the enact-
ment of this Act and annually thereafter, the Secretary 
of State and the Secretary of the Treasury shall submit 
to the appropriate congressional committees a report on— 
(1) the actions taken to carry out this Act, in-
cluding— 
(A) the number of persons added to or re-
moved from the list required by section 3(a) 
during the year preceding the report, the dates 
on which such persons have been added or re-
moved, and the reasons for adding or removing 
them; and 
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(B) if few or no such persons have been 
added to that list during that year, the reasons 
for not adding more such persons to the list; 
and 
(2) efforts by the executive branch to encourage 
the governments of other countries to impose sanc-
tions that are similar to the sanctions imposed under 
this Act. 
SEC. 7. DEFINITIONS. 
In this Act: 
(1) ADMITTED; ALIEN.—The terms ‘‘admitted’’ 
and ‘‘alien’’ have the meanings given those terms in 
section 101 of the Immigration and Nationality Act 
(8 U.S.C. 1101). 
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Armed Services, the 
Committee on Financial Services, the Com-
mittee on Foreign Affairs, the Committee on 
Homeland Security, the Committee on the Judi-
ciary, and the Permanent Select Committee on 
Intelligence of the House of Representatives; 
and 
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(B) the Committee on Armed Services, the 
Committee on Banking, Housing, and Urban 
Affairs, the Committee on Foreign Relations, 
the Committee on Homeland Security and Gov-
ernmental Affairs, the Committee on the Judi-
ciary, and the Select Committee on Intelligence 
of the Senate. 
(3) FINANCIAL
INSTITUTION.—The term ‘‘fi-
nancial institution’’ has the meaning given that term 
in section 5312 of title 31, United States Code. 
(4) 
UNITED
STATES
PERSON.—The 
term 
‘‘United States person’’ means— 
(A) a United States citizen or an alien law-
fully admitted for permanent residence to the 
United States; or 
(B) an entity organized under the laws of 
the United States or of any jurisdiction within 
the United States, including a foreign branch of 
such an entity. 
Æ 
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