Protect America’s Innovation and Economic Security from CCP Act of 2024

Bill: 118-hr-1398
Sponsor: full_name: Rep. Gooden, Lance [R-TX-5]
Introduced: 2023-03-07
Policy area: Crime and Law Enforcement
Subjects: Advisory bodies

Asia

China

Computer security and identity theft

Congressional oversight

Criminal investigation, prosecution, interrogation

Department of Justice

Executive agency funding and structure

Higher education

Intellectual property

Intelligence activities, surveillance, classified information

Trade secrets and economic espionage

U.S. and foreign investments
Latest action: action_date: 2024-09-16
text: Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2023-03-07
action_desc: Introduced in House
text: <p><b>Protect America&rsquo;s Innovation and Economic Security from CCP Act</b></p> <p>This bill reestablishes an initiative related to China within the National Security Division of the Department of Justice (DOJ) and outlines the goals and requirements for this initiative.</p> <p>In 2022, DOJ ended a program named the China Initiative. This bill reestablishes and renames it the CCP Initiative to (1) counter nation-state threats to the United States; (2) curb spying by the Chinese Communist Party (CCP) on U.S. intellectual property and academic institutions; (3) identify and prosecute individuals engaged in trade secret theft, hacking, and economic espionage; and (4) protect U.S. critical infrastructure from foreign threats.</p> <p>DOJ must annually brief specified congressional committees on the progress and challenges of the initiative.</p> <p>The initiative terminates six years after enactment of this bill. </p>

tv_txt: IIB 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.

1. Short title This Act may be cited as the Protect America’s Innovation and Economic Security from CCP Act of 2024 . 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. Kevin F. McCumber, Clerk.

tv_txt: I 118th CONGRESS 2d Session H. R. 1398 IN THE HOUSE OF REPRESENTATIVES AN ACT To establish the CCP Initiative program, and for other purposes.

1. Short title This Act may be cited as the Protect America’s Innovation and Economic Security from CCP Act of 2024 . 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. Kevin F. McCumber, Clerk.

tv_txt: IB Union Calendar No. 538 118th CONGRESS 2d Session H. R. 1398 [Report No. 118–641] IN THE HOUSE OF REPRESENTATIVES March 7, 2023 Mr. Gooden of Texas (for himself, Mr. Weber of Texas , Mr. Posey , and Mr. Lamborn ) introduced the following bill; which was referred to the Committee on the Judiciary August 30, 2024 Additional sponsors: Mr. Fallon , Mr. Cline , Mr. Donalds , Mr. Nehls , and Mr. Williams of New York August 30, 2024 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on March 7, 2023 A BILL To establish the CCP Initiative program, and for other purposes.

1. Short title This Act may be cited as the Protect America’s Innovation and Economic Security from CCP Act of 2024 . 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; and (6) prioritize— (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) 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 the Chinese Communist Party to engage in trade secret theft, hacking, and economic espionage; and (5) the impact of the CCP Initiative on those efforts of 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.

August 30, 2024 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

tv_txt: I 118th CONGRESS 1st Session H. R. 1398 IN THE HOUSE OF REPRESENTATIVES March 7, 2023 Mr. Gooden of Texas (for himself, Mr. Weber of Texas , Mr. Posey , and Mr. Lamborn ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To establish the CCP Initiative program, and for other purposes.

1. Short title This Act may be cited as the Protect America’s Innovation and Economic Security from CCP Act . 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.