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

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1398 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 1398

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

_______________________________________________________________________

                    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.

    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.
                                 <all>