Protect America’s Innovation and Economic Security from CCP Act

Subjects: Crime and Law Enforcement


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 511 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                 S. 511

    To establish the CCP Initiative program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 16, 2023

    Mr. Scott of Florida (for himself, Mr. Hagerty, and Mr. Rubio) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    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''.

SEC. 2. CCP INITIATIVE PROGRAM.

    (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; and
            (3) focus on--
                    (A) identifying and prosecuting those engaged in 
                trade secret theft, hacking, and economic espionage; 
                and
                    (B) protecting the critical infrastructure in the 
                United States against external threats through foreign 
                direct investment and supply chain compromises.
    (b) Steering Committee.--The CCP Initiative shall be led by a 
steering committee comprised of--
            (1) the Assistant Attorney General for National Security;
            (2) senior officials in the Federal Bureau of 
        Investigation, as determined by the Attorney General;
            (3) the Assistant Attorney General for the Criminal 
        Division of the Department of Justice;
            (4) the Executive Assistant Director of the National 
        Security Branch of the Federal Bureau of Investigation; and
            (5) five United States attorneys, appointed by the Attorney 
        General, from the judicial districts with the most cases 
        involving espionage, intellectual property theft, and trade 
        secrets during the preceding 5-year period.
    (c) Goals.--The CCP Initiative shall have the following goals:
            (1) Identify priority trade secret theft cases, ensuring 
        that investigations are adequately resourced.
            (2) Work to bring the cases described in paragraph (1) to 
        fruition in a timely manner and according to the facts and 
        applicable law.
            (3) Develop an enforcement strategy concerning 
        nontraditional collectors, including researchers in labs, 
        universities, and the defense industrial base, that are being 
        co-opted into transferring technology contrary to United States 
        interests.
            (4) Educate colleges and universities about potential 
        threats to academic freedom and open discourse from influence 
        efforts on campus.
            (5) Apply the Foreign Agents Registration Act of 1938, as 
        amended (22 U.S.C. 611 et seq.) to unregistered agents seeking 
        to advance the political agenda of the People's Republic of 
        China, bringing enforcement actions if appropriate.
            (6) Equip United States attorneys with intelligence and 
        materials to be used to--
                    (A) raise awareness of the threats described in 
                this section within their judicial districts; and
                    (B) support outreach efforts.
            (7) Implement the Foreign Investment Risk Review 
        Modernization Act of 2018 (division A of title XVII of 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 and prepare for increased 
        workflow.
            (8) Identify opportunities to better address supply chain 
        threats, especially ones impacting the telecommunications 
        sector, prior to the transition to 5G networks.
            (9) Identify Foreign Corrupt Practices Act of 1977 (Public 
        Law 95-213; 91 Stat. 1494) cases involving Chinese companies 
        that compete with United States businesses.
            (10) Increase efforts to improve Chinese responses to 
        requests under the Mutual Legal Assistance Agreement with the 
        United States.
            (11) Evaluate whether additional legislative and 
        administrative authorities are required to protect United 
        States assets from foreign economic aggression.
    (d) Requirement.--Under the CCP Initiative--
            (1) all investigations and prosecutions shall be set as 
        priority and not based on discretion;
            (2) 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
            (3) 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.
    (e) Annual Briefing.--The Attorney General shall brief 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 annually on the progress and challenges of the CCP 
Initiative.
    (f) Sunset.--This Act is effective beginning on the date of 
enactment of this Act and ending on the date that is 6 years after that 
date.
    (g) 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.
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