text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Deter Cyber Theft Act''.
  
  SEC. 2. ACTIONS TO ADDRESS FOREIGN ECONOMIC OR INDUSTRIAL ESPIONAGE IN 
                CYBERSPACE.
  
      (a) Report Required.--
              (1) In general.--Not later than 180 days after the date of 
          the enactment of this Act, and annually thereafter, the 
          Director of National Intelligence 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--
                      (A) identifies--
                              (i) foreign countries that engage in 
                          economic or industrial espionage in cyberspace 
                          with respect to trade secrets or proprietary 
                          information owned by United States persons;
                              (ii) foreign countries identified under 
                          clause (i) that the Director determines engage 
                          in the most egregious economic or industrial 
                          espionage in cyberspace with respect to such 
                          trade secrets or proprietary information (in 
                          this section referred to as ``priority foreign 
                          countries'');
                              (iii) technologies or proprietary 
                          information developed by United States persons 
                          that--
                                      (I) are targeted for economic or 
                                  industrial espionage in cyberspace; and
                                      (II) to the extent practicable, 
                                  have been appropriated through such 
                                  espionage;
                              (iv) articles manufactured or otherwise 
                          produced using technologies or proprietary 
                          information described in clause (iii)(II);
                              (v) services provided using such 
                          technologies or proprietary information; and
                              (vi) foreign entities, including entities 
                          owned or controlled by the government of a 
                          foreign country, that request, engage in, 
                          support, facilitate, or benefit from the 
                          appropriation through economic or industrial 
                          espionage in cyberspace of technologies or 
                          proprietary information developed by United 
                          States persons;
                      (B) describes the economic or industrial espionage 
                  engaged in by the foreign countries identified under 
                  clauses (i) and (ii) of subparagraph (A); and
                      (C) describes--
                              (i) actions taken by the Director and other 
                          Federal agencies to decrease the prevalence of 
                          economic or industrial espionage in cyberspace; 
                          and
                              (ii) the progress made in decreasing the 
                          prevalence of such espionage.
              (2) Determination of foreign countries engaging in economic 
          or industrial espionage in cyberspace.--For purposes of clauses 
          (i) and (ii) of paragraph (1)(A), the Director 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--
                      (A) engages in economic or industrial espionage in 
                  cyberspace with respect to trade secrets or proprietary 
                  information owned by United States persons; or
                      (B) facilitates, supports, fails to prosecute, or 
                  otherwise permits such espionage by--
                              (i) individuals who are citizens or 
                          residents of the foreign country; or
                              (ii) entities that are organized under the 
                          laws of the foreign country or are otherwise 
                          subject to the jurisdiction of the government 
                          of the foreign country.
              (3) Prioritization of collection and analysis of 
          information.--The President shall direct the Director to make 
          it a priority for the intelligence community to collect and 
          analyze information in order to identify articles described in 
          clause (iv) of paragraph (1)(A), services described in clause 
          (v) of that paragraph, and entities described in clause (vi) of 
          that paragraph.
              (4) Form of report.--Each report required by paragraph (1) 
          shall be submitted in unclassified form but may contain a 
          classified annex.
      (b) Action by President.--
              (1) In general.--Not later than 120 days after each report 
          required by subsection (a)(1) is submitted, the President shall 
          direct U.S. Customs and Border Protection to exclude from entry 
          into the United States an article described in paragraph (2) if 
          the President determines the exclusion of the article is 
          warranted--
                      (A) for the enforcement of intellectual property 
                  rights; or
                      (B) to protect the integrity of the Department of 
                  Defense supply chain.
              (2) Article described.--An article described in this 
          paragraph is an article--
                      (A) identified under subsection (a)(1)(A)(iv);
                      (B) produced or exported by an entity that--
                              (i) is owned or controlled by the 
                          government of a priority foreign country; and
                              (ii) produces or exports articles that are 
                          the same as or similar to articles manufactured 
                          or otherwise produced using technologies or 
                          proprietary information identified under 
                          subsection (a)(1)(A)(iii); or
                      (C) produced or exported by an entity identified 
                  under subsection (a)(1)(A)(vi).
      (c) Consistency With International Agreements.--This section shall 
  be applied in a manner that is consistent with the obligations of the 
  United States under international agreements.
      (d) Definitions.--In this section:
              (1) Appropriate congressional committees.--The term 
          ``appropriate congressional committees'' means--
                      (A) the Committee on Armed Services, the Committee 
                  on Homeland Security and Governmental Affairs, the 
                  Committee on Finance, the Committee on Foreign 
                  Relations, and the Select Committee on Intelligence of 
                  the Senate; and
                      (B) the Committee on Armed Services, the Committee 
                  on Homeland Security, the Committee on Foreign Affairs, 
                  the Committee on Ways and Means, and the Permanent 
                  Select Committee on Intelligence of the House of 
                  Representatives.
              (2) Cyberspace.--The term ``cyberspace''--
                      (A) means the interdependent network of information 
                  technology infrastructures; and
                      (B) includes the Internet, telecommunications 
                  networks, computer systems, and embedded processors and 
                  controllers.
              (3) Economic or industrial espionage.--The term ``economic 
          or industrial espionage'' means--
                      (A) stealing a trade secret or proprietary 
                  information or appropriating, taking, carrying away, or 
                  concealing, or by fraud, artifice, or deception 
                  obtaining, a trade secret or proprietary information 
                  without the authorization of the owner of the trade 
                  secret or proprietary information;
                      (B) copying, duplicating, downloading, uploading, 
                  destroying, transmitting, delivering, sending, 
                  communicating, or conveying a trade secret or 
                  proprietary information without the authorization of 
                  the owner of the trade secret or proprietary 
                  information; or
                      (C) knowingly receiving, buying, or possessing a 
                  trade secret or proprietary information that has been 
                  stolen or appropriated, obtained, or converted without 
                  the authorization of the owner of the trade secret or 
                  proprietary information.
              (4) Intelligence community.--The term ``intelligence 
          community'' has the meaning given that term in section 3(4) of 
          the National Security Act of 1947 (50 U.S.C. 401a(4)).
              (5) Own.--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.
              (6) Person.--The term ``person'' means an individual or 
          entity.
              (7) Proprietary information.--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--
                      (A) the person has taken reasonable measures to 
                  keep the information confidential; and
                      (B) the information is not generally known or 
                  readily ascertainable through proper means by the 
                  public.
              (8) Technology.--The term ``technology'' has the meaning 
          given that term in section 16 of the Export Administration Act 
          of 1979 (50 U.S.C. App. 2415) (as in effect pursuant to the 
          International Emergency Economic Powers Act (50 U.S.C. 1701 et 
          seq.)).
              (9) Trade secret.--The term ``trade secret'' has the 
          meaning given that term in section 1839 of title 18, United 
          States Code.
              (10) United states person.--The term ``United States 
          person'' means--
                      (A) an individual who is a citizen of the United 
                  States 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 any jurisdiction within the United 
                  States.
target: Deter Cyber Theft Act - Requires the Director of National Intelligence (DNI) to annually report to specified congressional committees on foreign countries that engage in economic and industrial espionage in cyberspace with respect to U.S. trade secrets or proprietary information. Requires each report to identify countries that engage in such espionage as well as countries that engage in the most egregious forms of such espionage. Directs the President to exclude from entry into the United States any article produced or exported by an entity identified within any such report, as long as the President determines that such exclusion is warranted for the enforcement of intellectual property rights or to protect the integrity of the Department of Defense (DOD) supply chain.
feat_title: Deter Cyber Theft Act