What This Bill Does
This bill creates a new CCP Initiative program within the Department of Justice's National Security Division. The program aims to counter threats from the Chinese Communist Party, stop spying on American intellectual property (inventions and creative works owned by individuals or companies) and academic institutions, and prosecute those involved in trade secret theft, hacking, and economic spying.
Who It Affects
The Department of Justice and its divisions, the Federal Bureau of Investigation, U.S. attorneys in certain judicial districts, colleges and universities, researchers and labs, defense contractors, and companies that might be targets of espionage or trade secret theft.
Key Provisions
• A steering committee made up of specific Justice Department leaders and five U.S. attorneys from districts with the most espionage and intellectual property theft cases will lead the CCP Initiative (Sec. 2(b))
• All investigations and prosecutions under the initiative must be treated as priority matters and cannot be based on discretion (Sec. 2(d))
• The initiative must remain separate from other Justice Department programs and cannot share resources with other nation-state threat programs (Sec. 2(d))
• The Attorney General must brief Congress annually on the initiative's progress and challenges (Sec. 2(e))
What Changes
If this bill becomes law, a dedicated program within the Justice Department will focus exclusively on investigating and prosecuting cases involving Chinese Communist Party espionage, trade secret theft, and economic spying. Resources will be set aside solely for this program rather than shared with other Justice Department initiatives.
Important Definitions
None defined
Effective Date
The bill is effective from the date it becomes law and expires six years after that date (Sec. 2(f))
II
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 Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Protect America’s In-
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novation and Economic Security from CCP Act’’.
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SEC. 2. CCP INITIATIVE PROGRAM.
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(a) ESTABLISHMENT.—There is established in the
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National Security Division of the Department of Justice
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the CCP Initiative to—
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•S 511 IS
(1) counter nation-state threats to the United
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States;
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(2) curb spying by the Chinese Communist
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Party on United States intellectual property and
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academic institutions in the United States; and
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(3) focus on—
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(A) identifying and prosecuting those en-
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gaged in trade secret theft, hacking, and eco-
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nomic espionage; and
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(B) protecting the critical infrastructure in
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the United States against external threats
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through foreign direct investment and supply
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chain compromises.
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(b) STEERING COMMITTEE.—The CCP Initiative
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shall be led by a steering committee comprised of—
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(1) the Assistant Attorney General for National
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Security;
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(2) senior officials in the Federal Bureau of In-
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vestigation, as determined by the Attorney General;
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(3) the Assistant Attorney General for the
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Criminal Division of the Department of Justice;
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(4) the Executive Assistant Director of the Na-
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tional Security Branch of the Federal Bureau of In-
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vestigation; and
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•S 511 IS
(5) five United States attorneys, appointed by
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the Attorney General, from the judicial districts with
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the most cases involving espionage, intellectual prop-
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erty theft, and trade secrets during the preceding 5-
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year period.
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(c) GOALS.—The CCP Initiative shall have the fol-
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lowing goals:
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(1) Identify priority trade secret theft cases, en-
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suring that investigations are adequately resourced.
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(2) Work to bring the cases described in para-
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graph (1) to fruition in a timely manner and accord-
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ing to the facts and applicable law.
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(3) Develop an enforcement strategy concerning
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nontraditional collectors, including researchers in
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labs, universities, and the defense industrial base,
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that are being co-opted into transferring technology
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contrary to United States interests.
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(4) Educate colleges and universities about po-
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tential threats to academic freedom and open dis-
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course from influence efforts on campus.
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(5) Apply the Foreign Agents Registration Act
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of 1938, as amended (22 U.S.C. 611 et seq.) to un-
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registered agents seeking to advance the political
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agenda of the People’s Republic of China, bringing
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enforcement actions if appropriate.
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(6) Equip United States attorneys with intel-
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ligence and materials to be used to—
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(A) raise awareness of the threats de-
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scribed in this section within their judicial dis-
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tricts; and
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(B) support outreach efforts.
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(7) Implement the Foreign Investment Risk Re-
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view Modernization Act of 2018 (division A of title
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XVII of Public Law 115–232; 132 Stat. 2173) for
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the Department of Justice, including by working
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with the Department of the Treasury to develop reg-
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ulations under that Act and prepare for increased
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workflow.
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(8) Identify opportunities to better address sup-
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ply chain threats, especially ones impacting the tele-
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communications sector, prior to the transition to 5G
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networks.
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(9) Identify Foreign Corrupt Practices Act of
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1977 (Public Law 95–213; 91 Stat. 1494) cases in-
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volving Chinese companies that compete with United
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States businesses.
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(10) Increase efforts to improve Chinese re-
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sponses to requests under the Mutual Legal Assist-
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ance Agreement with the United States.
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(11) Evaluate whether additional legislative and
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administrative authorities are required to protect
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United States assets from foreign economic aggres-
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sion.
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(d) REQUIREMENT.—Under the CCP Initiative—
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(1) all investigations and prosecutions shall be
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set as priority and not based on discretion;
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(2) the Initiative shall be separate from and not
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under the authority or discretion of any other De-
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partment of Justice initiative dedicated to coun-
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tering nation-state threats; and
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(3) all resources used for the CCP Initiative
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shall solely be set aside for the CCP Initiative and
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shall not be combined to support any other Depart-
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ment of Justice program, including other programs
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and initiatives dedicated to countering nation-state
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threats.
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(e) ANNUAL BRIEFING.—The Attorney General shall
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brief the Committee on Homeland Security and Govern-
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mental Affairs and the Committee on the Judiciary of the
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Senate and the Committee on Homeland Security and the
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Committee on the Judiciary of the House of Representa-
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tives annually on the progress and challenges of the CCP
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Initiative.
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(f) SUNSET.—This Act is effective beginning on the
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date of enactment of this Act and ending on the date that
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is 6 years after that date.
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(g) SEVERABILITY.—If any provision of this Act, or
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the application of such provision to any person or cir-
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cumstance, is held to be unconstitutional, the remainder
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of this Act, and the application of the provisions of such
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to any person or circumstance, shall not be affected there-
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by.
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Æ
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