[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>