[Pages S3481-S3482]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2015. Mr. ROMNEY submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle E of title XII, add the following:

     SEC. 1262. REPORTS ON THEFT OF INTELLECTUAL PROPERTY 
                   CONDUCTED BY CHINESE PERSONS.

       (a) Classified Report.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall submit to Congress a report on theft of 
     intellectual property conducted by Chinese persons.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) An identification of the United States entities from 
     which a Chinese person has conducted theft of intellectual 
     property.
       (B) For each United States entity identified under 
     subparagraph (A), to the extent practicable--
       (i) a description of the type of intellectual property 
     theft;
       (ii) an assessment of whether the theft made the United 
     States entity vulnerable or unable to compete;
       (iii) an identification of the Chinese person or Chinese 
     persons that conducted the theft; and
       (iv) an identification of any Chinese person that is using 
     or has used the stolen intellectual property in commercial 
     activity in Australia, Canada, the European Union, Japan, New 
     Zealand, South Korea, the United Kingdom, or the United 
     States.
       (C) An identification of United States entities that have 
     gone out of business in part due to theft of intellectual 
     property conducted by Chinese persons.
       (3) Intellectual property theft related to covid-19 
     response.--The report required by paragraph (1) shall 
     highlight and detail any theft of intellectual property by a 
     Chinese person relating to efforts to prevent, prepare for, 
     or respond to the 2019 Novel

[[Page S3482]]

     Coronavirus, including with respect to medical treatments, 
     personal protective equipment, diagnostic tests, 
     therapeutics, vaccines, or any other medical countermeasure 
     used in the mitigation of the 2019 Novel Coronavirus.
       (4) Form.--The report required by paragraph (1) shall be 
     submitted in classified form.
       (b) Unclassified Report.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall submit to Congress and make available to 
     the public an unclassified report on theft of intellectual 
     property conducted by Chinese persons.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) An identification of any Chinese person that--
       (i) has conducted theft of intellectual property from one 
     or more United States entities; or
       (ii) is using or has used intellectual property stolen by a 
     Chinese person in commercial activity in Australia, Canada, 
     the European Union, Japan, New Zealand, South Korea, the 
     United Kingdom, or the United States.
       (B) A general description of the intellectual property 
     involved.
       (C) For each Chinese person identified under subparagraph 
     (A), an assessment of whether that person is using or has 
     used the stolen intellectual property in commercial activity 
     in Australia, Canada, the European Union, Japan, New Zealand, 
     South Korea, the United Kingdom, or the United States.
       (D) An assessment regarding whether any theft of 
     intellectual property by a Chinese person described in the 
     report is related to efforts to prevent, prepare for, or 
     respond to the 2019 Novel Coronavirus, including with respect 
     to medical treatments, personal protective equipment, 
     diagnostic tests, therapeutics, vaccines, or any other 
     medical countermeasure used in the mitigation of the 2019 
     Novel Coronavirus.
       (c) Definitions.--In this section:
       (1) Agency or instrumentality of the government of the 
     people's republic of china.--The term ``agency or 
     instrumentality of the Government of the People's Republic of 
     China'' means any entity--
       (A) that is a separate legal person, corporate or 
     otherwise;
       (B) that is an organ of the Government of the People's 
     Republic of China or a political subdivision thereof, or a 
     majority of whose shares or other ownership interest is owned 
     by that government or a political subdivision thereof; and
       (C) that is neither a citizen of the United States, nor 
     created under the laws of any third country.
       (2) Chinese person.--The term ``Chinese person'' means--
       (A) an individual who is a citizen or national of the 
     People's Republic of China;
       (B) an entity organized under the laws of the People's 
     Republic of China or otherwise subject to the jurisdiction of 
     the Government of the People's Republic of China; or
       (C) the Government of the People's Republic of China or any 
     agency or instrumentality of the Government of the People's 
     Republic of China.
       (3) Commercial activity.--The term ``commercial activity'' 
     means either a regular course of commercial conduct or a 
     particular commercial transaction or act. The commercial 
     character of an activity shall be determined by reference to 
     the nature of the course of conduct or particular transaction 
     or act, rather than by reference to its purpose.
       (4) Intellectual property.--The term ``intellectual 
     property'' means--
       (A) any work protected by a copyright under title 17, 
     United States Code;
       (B) any property protected by a patent granted by the 
     United States Patent and Trademark Office under title 35, 
     United States Code;
       (C) any word, name, symbol, or device, or any combination 
     thereof, that is registered as a trademark with the United 
     States Patent and Trademark Office under the Act entitled 
     ``An Act to provide for the registration and protection of 
     trademarks used in commerce, to carry out the provisions of 
     certain international conventions, and for other purposes'', 
     approved July 5, 1946 (commonly known as the ``Lanham Act'' 
     or the ``Trademark Act of 1946'') (15 U.S.C. 1051 et seq.);
       (D) a trade secret (as defined in section 1839 of title 18, 
     United States Code); or
       (E) any other form of intellectual property.
       (5) United states entity.--The term ``United States 
     entity'' means an entity organized under the laws of the 
     United States or any jurisdiction within the United States.
                                 ______