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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1398 Referred in Senate (RFS)]

<DOC>
118th CONGRESS
  2d Session
                                H. R. 1398

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 16, 2024

   Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT

 
    To establish the CCP Initiative program, 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 ``Protect America's Innovation and 
Economic Security from CCP Act of 2024''.

SEC. 2. CCP INITIATIVE.

    (a) Establishment.--There is established in the National Security 
Division of the Department of Justice the CCP Initiative to--
            (1) counter nation-state threats to the United States;
            (2) curb spying by the Chinese Communist Party on United 
        States intellectual property and academic institutions in the 
        United States;
            (3) develop an enforcement strategy concerning 
        nontraditional collectors, including researchers in labs, 
        universities, and the defense industrial base, that are being 
        used to transfer technology contrary to United States 
        interests;
            (4) implement the Foreign Investment Risk Review 
        Modernization Act of 2018 (title XVII of division A of the John 
        S. McCain National Defense Authorization Act for Fiscal Year 
        2019 (Public Law 115-232; 132 Stat. 2173)) for the Department 
        of Justice, including by working with the Department of the 
        Treasury to develop regulations under that Act;
            (5) identify cases under the Foreign Corrupt Practices Act 
        of 1977 (Public Law 95-213; 91 Stat. 1494) involving Chinese 
        companies that compete with United States businesses;
            (6) prioritize--
                    (A) identifying and prosecuting those engaged in 
                trade secret theft, hacking, and economic espionage;
                    (B) protecting the critical infrastructure in the 
                United States against external threats through foreign 
                direct investment and supply chain compromises; and
                    (C) identifying Chinese Communist Party theft of 
                intellectual property from small businesses; and
            (7) investigate investments made by Chinese companies 
        included on the Entity List maintained by the Bureau of 
        Industry and Security of the Department of Commerce or the 
        People's Republic of China Military Companies list maintained 
        by the Department of Defense, and report to the Secretary of 
        Commerce and the Secretary of Defense on any findings of such 
        investigations, including findings related to subsidiaries or 
        other entities controlled by such companies, whether or not 
        such subsidiaries or other entities are registered in or 
        operate in the People's Republic of China.
    (b) Consultation.--In executing the CCP Initiative's objectives as 
set forth in subsection (a), the Attorney General, acting through the 
Assistant Attorney General for National Security, shall consult with 
relevant components of the Department of Justice as necessary, and 
coordinate activities with the Federal Bureau of Investigation and any 
other Federal agency as necessary.
    (c) Requirement.--Under the CCP Initiative--
            (1) the Initiative shall be separate from and not under the 
        authority or discretion of any other Department of Justice 
        initiative dedicated to countering nation-state threats; and
            (2) all resources used for the CCP Initiative shall solely 
        be set aside for the CCP Initiative and shall not be combined 
        to support any other Department of Justice program, including 
        other programs and initiatives dedicated to countering nation-
        state threats.
    (d) Annual Report.--The Attorney General shall submit annually a 
written report to the Committee on Homeland Security and Governmental 
Affairs and the Committee on the Judiciary of the Senate, and the 
Committee on Homeland Security and the Committee on the Judiciary of 
the House of Representatives, on the progress and challenges of the CCP 
Initiative over the preceding year, including--
            (1) its progress in accomplishing the objectives set forth 
        in subsection (a);
            (2) the amount and sufficiency of resources provided to, 
        and expended by, the CCP Initiative;
            (3) the level and effectiveness of coordination with the 
        Federal Bureau of Investigation and other Federal agencies;
            (4) the status of efforts by and the financial intelligence 
        capabilities of the Chinese Communist Party to engage in trade 
        secret theft, hacking, and economic espionage;
            (5) an analysis of the use of unmanned aircraft and 
        associated elements (including communication links and the 
        components that control the unmanned aircraft required for the 
        operator to operate safely and efficiently in the national 
        airspace system) by the CCP;
            (6) the impact of the CCP Initiative on those efforts of 
        the Chinese Communist Party;
            (7) the level and effectiveness of coordination and 
        information sharing between Government agencies and private 
        companies about economic espionage threats; and
            (8) an assessment of the economic loss to the United States 
        as a result of hacking and trade secret theft by the Chinese 
        Communist Party.
    (e) Sunset.--This Act shall take effect on the date of enactment of 
this Act and cease to be in effect on the date that is 6 years after 
that date.
    (f) Severability.--If any provision of this Act, or the application 
of such provision to any person or circumstance, is held to be 
unconstitutional, the remainder of this Act, and the application of the 
provisions of such to any person or circumstance, shall not be affected 
thereby.

            Passed the House of Representatives September 11, 2024.

            Attest:

                                             KEVIN F. MCCUMBER,

                                                                 Clerk.
```