Title: Accountability for Persistent Intellectual Property Theft Act
Policy area: International Affairs

Summary:
Accountability for Persistent Intellectual Property Theft Act
This bill directs the President to impose visa- and property-blocking sanctions on certain Chinese nationals and entities that knowingly engage in a pattern of significant theft of intellectual property belonging to a U.S. individual or entity. Specifically, these sanctions shall apply to (1) each Chinese national engaging in such theft who is not a U.S. national or permanent resident, (2) each entity engaging in such theft that is organized under Chinese law or owned by a Chinese national, and (3) each non-U.S. entity or individual engaging in such theft under the direction of a Chinese national or entity organized under Chinese law.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8846 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 8846

To authorize the imposition of sanctions on certain persons engaged in 
a pattern of significant theft of United States intellectual property, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 3, 2020

  Mr. Chabot introduced the following bill; which was referred to the 
 Committee on Foreign Affairs, and in addition to the Committee on the 
 Judiciary, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To authorize the imposition of sanctions on certain persons engaged in 
a pattern of significant theft of United States intellectual property, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Accountability for Persistent 
Intellectual Property Theft Act''.

SEC. 2. IMPOSITION OF SANCTIONS.

    (a) In General.--The President shall impose the sanctions described 
in subsection (b) with respect to each person described in subsection 
(c) the President determines, on or after the date of the enactment of 
this Act, is knowingly engaging in a pattern of significant theft of 
the intellectual property of United States persons.
    (b) Sanctions Imposed.--The sanctions described in this subsection 
are the following:
            (1) Asset blocking.--The exercise of all powers granted to 
        the President by the International Emergency Economic Powers 
        Act (50 U.S.C. 1701 et seq.) to the extent necessary to block 
        and prohibit all transactions in all property and interests in 
        property of a person described in subsection (a) 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) Aliens ineligible for visas, admission, or parole.--
                    (A) Visas, admission, or parole.--An alien 
                described in subsection (a) is--
                            (i) inadmissible to the United States;
                            (ii) ineligible to receive a visa or other 
                        documentation to enter the United States; and
                            (iii) otherwise ineligible to be admitted 
                        or paroled into the United States or to receive 
                        any other benefit under the Immigration and 
                        Nationality Act (8 U.S.C. 1101 et seq.).
                    (B) Current visas revoked.--
                            (i) In general.--The issuing consular 
                        officer, the Secretary of State, or the 
                        Secretary of Homeland Security (or a designee 
                        of one of such Secretaries) shall, in 
                        accordance with section 221(i) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1201(i)), revoke any visa or other entry 
                        documentation issued to an alien who the 
                        Secretary of State or the Secretary of Homeland 
                        Security (or a designee of one of such 
                        Secretaries) determines is described in 
                        subsection (a), regardless of when the visa or 
                        other documentation is issued.
                            (ii) Effect of revocation.--A revocation 
                        under clause (i) shall take effect immediately 
                        and shall automatically cancel any other valid 
                        visa or entry documentation that is in the 
                        alien's possession.
            (3) Exception to comply with united nations headquarters 
        agreement.--The authority to impose the sanctions described in 
        paragraph (2)(B) shall not apply to an alien if admitting the 
        alien into the United States is necessary to permit the United 
        States to comply with the Agreement regarding the Headquarters 
        of the United Nations, signed at Lake Success June 26, 1947, 
        and entered into force November 21, 1947, between the United 
        Nations and the United States, or other applicable 
        international obligations.
    (c) Persons Described.--A person described in this section is one 
of the following:
            (1) An individual who--
                    (A) is a national of the People's Republic of China 
                or acting at the direction of a national or entity of 
                the People's Republic of China; and
                    (B) is not a United States person.
            (2) An entity that is--
                    (A) organized under the laws of the People's 
                Republic of China or of any jurisdiction within the 
                People's Republic of China;
                    (B) owned or controlled by individuals who are 
                nationals of the People's Republic of China; or
                    (C) owned or controlled by an entity described in 
                subparagraph (A) and is not a United States person.
    (d) Penalties; Implementation.--
            (1) Penalties.--A person that violates, attempts to 
        violate, conspires to violate, or causes a violation of 
        subsection (a) or any regulation, license, or order issued to 
        carry out subsection (a) shall be subject to the penalties set 
        forth in subsections (b) and (c) of section 206 of the 
        International Emergency Economic Powers Act (50 U.S.C. 1705) to 
        the same extent as a person that commits an unlawful act 
        described in subsection (a) of that section.
            (2) Implementation.--The President may exercise all 
        authorities provided to the President under sections 203 and 
        205 of the International Emergency Economic Powers Act (50 
        U.S.C. 1702 and 1704) for purposes of carrying out this 
        section.
    (e) Report Required.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the President shall submit to the 
        Committee on Foreign Affairs of the House of Representatives 
        and the Committee on Foreign Relations of the Senate a report 
        that specifies each person the President determines meets the 
        criteria described in subsection (a) for the imposition of 
        sanctions.
            (2) Termination of sanctions.--The President may terminate 
        sanctions imposed under subsection (a) with respect to a person 
        if the President certifies to the Committee on Foreign Affairs 
        of the House of Representatives and the Committee on Foreign 
        Relations of the Senate that such person is no longer engaging 
        in efforts to steal United States intellectual property.
    (f) Waiver.--The President may waive the imposition of sanctions 
under subsection (a) on a case-by-case basis with respect to a person 
if the President--
            (1) certifies to the Committee on Foreign Affairs and the 
        Committee on the Judiciary of the House of Representatives and 
        the Committee on Foreign Relations and the Committee on the 
        Judiciary of the Senate that such waiver is in the national 
        security interests of the United States; and
            (2) includes a justification for such certification.
    (g) 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) United states person.--The term ``United States 
        person'' means--
                    (A) an individual who is a United States citizen or 
                an alien lawfully 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.
                                 <all>