Sec. 122. Intellectual property violators list
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Not later than one year after the date of the enactment of this Act, and not less frequently than annually thereafter for 5 years, the Secretary of State, in coordination with the Secretary of Commerce, the Attorney General, the United States Trade Representative, and the Director of National Intelligence, shall create a list (referred to in this section as the intellectual property violators list ) that identifies— all centrally administered state-owned enterprises incorporated in the People’s Republic of China that have benefitted from— a significant act or series of acts of intellectual property theft that subjected an economic sector of the United States or a company incorporated in the United States to harm; or an act or government policy of involuntary or coerced technology transfer of intellectual property ultimately owned by a company incorporated in the United States; and any corporate officer of, or principal shareholder with controlling interests in, an entity described in paragraph (1).
To determine whether there is a credible basis for determining that an entity should be included on the intellectual property violators list, the Secretary of State, in coordination with the Secretary of Commerce, the United States Trade Representative, and the Director of National Intelligence, shall consider— any finding by a court in the United States that the entity has violated relevant United States laws intended to protect intellectual property rights; or substantial and credible information received from any entity described in subsection
(c)or other interested persons. In carrying out this section, the Secretary of State, in coordination with the Secretary of Commerce, the United States Trade Representative, and the Director of National Intelligence, may consult, as necessary and appropriate, with— other Federal agencies, including independent agencies; entities in the private sector; civil society organizations with relevant expertise; and the Governments of Australia, Canada, countries in the European Union, Japan, New Zealand, South Korea, and the United Kingdom. Not later than one year after the date of the enactment of this Act, and annually thereafter for 5 years, the Secretary of State shall publish in the Federal Register a report that— lists the entities described in subsection (a)(1); describes the circumstances surrounding acts or policies described in subsection (a)(1)(B), including any role of the Government of the People’s Republic of China; assesses, to the extent practicable, the economic advantage derived by entities described in subsection (a)(1); and assesses whether each entity described in subsection (a)(1) is using or has used stolen intellectual property in commercial activity in Australia, Canada, the European Union, Japan, New Zealand, South Korea, the United Kingdom, or the United States. The report published under paragraph
(1)shall be unclassified, but may include a classified annex. The Director of National Intelligence may authorize the declassification of information, as appropriate, to inform the contents of the report published under paragraph (1). The Secretary of State and the head of any other Federal agency involved in the production of the intellectual property violators list shall protect from disclosure any proprietary information submitted by a private sector party and marked as confidential business information, unless the party submitting the information— had notice, at the time of submission, that such information would be disclosed by the Secretary; or subsequently consents to the disclosure of such information. If confidential business information is provided by a private sector party in connection with the production of the intellectual property violators list, the Secretary of State shall publish a nonconfidential version of the report under subsection
(d)in the Federal Register that summarizes or deletes, if necessary, the confidential business information. Proprietary information submitted by a private sector party under this section— shall be considered to be trade secrets and commercial or financial information exempt under subsection (b)(4) of section 552 of title 5, United States Code, from being made available to the public under subsection
(a)of that section; and shall be exempt from disclosure without the express approval of the party.