What This Bill Does
This bill creates the CCP Initiative, a new program within the Department of Justice's National Security Division (the part of the Justice Department that handles threats to the nation's security). The program will work to counter threats from the Chinese Communist Party, stop spying on American technology and universities, and investigate Chinese companies that may be breaking United States laws or harming American businesses.
Who It Affects
The Attorney General (head of the Department of Justice) and the Assistant Attorney General for National Security will run this program. The FBI (Federal Bureau of Investigation) and other federal agencies will help. Universities, research labs, defense contractors, and small businesses with technology or intellectual property (original ideas and inventions) may be affected. Congress will receive reports on the program's work.
Key Provisions
- The CCP Initiative will counter nation-state threats to the United States and stop spying by the Chinese Communist Party on American intellectual property and universities (Sec. 2(a)(1) and (2))
- The program will create a strategy to catch researchers, lab workers, and defense contractors who are stealing or transferring American technology against United States interests (Sec. 2(a)(3))
- The Initiative must identify and prosecute people engaged in stealing trade secrets (proprietary business information), hacking, and economic espionage, and must protect American critical infrastructure from foreign investment threats and supply chain problems (Sec. 2(a)(6))
- The program will investigate investments by Chinese companies on government restricted lists and report findings to the Secretaries of Commerce and Defense (Sec. 2(a)(7))
- The CCP Initiative must operate separately from all other Department of Justice programs, with dedicated resources that cannot be shared with other programs (Sec. 2(c))
- The Attorney General must file a yearly written report to four congressional committees detailing the program's progress, resources used, coordination with other agencies, and economic losses to the United States from Chinese hacking and theft (Sec. 2(d))
What Changes
A new specialized government program begins operating within the Justice Department to investigate and prosecute cases involving Chinese Communist Party threats to American technology, businesses, and security. The program receives its own dedicated funding and staff that cannot be used for other Justice Department purposes. Congress will receive detailed annual reports on the program's activities and findings.
Important Definitions
The bill does not explicitly define any terms. It references existing laws (the Foreign Investment Risk Review Modernization Act of 2018 and the Foreign Corrupt Practices Act of 1977) but does not define their terms within this bill text.
Effective Date
This bill takes effect on the date it becomes law and stops operating 6 years after that date (Sec. 2(e)).
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.
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 of 2024’’.
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SEC. 2. CCP INITIATIVE.
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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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(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;
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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 used to transfer technology contrary
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to United States interests;
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(4) implement the Foreign Investment Risk Re-
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view Modernization Act of 2018 (title XVII of divi-
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sion A of the John S. McCain National Defense Au-
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thorization Act for Fiscal Year 2019 (Public Law
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115–232; 132 Stat. 2173)) for the Department of
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Justice, including by working with the Department
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of the Treasury to develop regulations under that
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Act;
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(5) identify cases under the Foreign Corrupt
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Practices Act of 1977 (Public Law 95–213; 91 Stat.
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1494) involving Chinese companies that compete
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with United States businesses;
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(6) prioritize—
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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;
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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; and
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(C) identifying Chinese Communist Party
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theft of intellectual property from small busi-
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nesses; and
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(7) investigate investments made by Chinese
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companies included on the Entity List maintained
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by the Bureau of Industry and Security of the De-
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partment of Commerce or the People’s Republic of
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China Military Companies list maintained by the
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Department of Defense, and report to the Secretary
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of Commerce and the Secretary of Defense on any
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findings of such investigations, including findings re-
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lated to subsidiaries or other entities controlled by
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such companies, whether or not such subsidiaries or
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other entities are registered in or operate in the Peo-
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ple’s Republic of China.
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(b) CONSULTATION.—In executing the CCP Initia-
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tive’s objectives as set forth in subsection (a), the Attorney
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General, acting through the Assistant Attorney General
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for National Security, shall consult with relevant compo-
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nents of the Department of Justice as necessary, and co-
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ordinate activities with the Federal Bureau of Investiga-
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tion and any other Federal agency as necessary.
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(c) REQUIREMENT.—Under the CCP Initiative—
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(1) 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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(2) 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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(d) ANNUAL REPORT.—The Attorney General shall
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submit annually a written report to the Committee on
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Homeland Security and Governmental Affairs and the
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Committee on the Judiciary of the Senate, and the Com-
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mittee on Homeland Security and the Committee on the
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Judiciary of the House of Representatives, on the progress
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and challenges of the CCP Initiative over the preceding
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year, including—
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(1) its progress in accomplishing the objectives
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set forth in subsection (a);
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(2) the amount and sufficiency of resources
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provided to, and expended by, the CCP Initiative;
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(3) the level and effectiveness of coordination
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with the Federal Bureau of Investigation and other
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Federal agencies;
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(4) the status of efforts by and the financial in-
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telligence capabilities of the Chinese Communist
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Party to engage in trade secret theft, hacking, and
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economic espionage;
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(5) an analysis of the use of unmanned aircraft
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and associated elements (including communication
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links and the components that control the unmanned
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aircraft required for the operator to operate safely
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and efficiently in the national airspace system) by
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the CCP;
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(6) the impact of the CCP Initiative on those
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efforts of the Chinese Communist Party;
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(7) the level and effectiveness of coordination
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and information sharing between Government agen-
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cies and private companies about economic espio-
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nage threats; and
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(8) an assessment of the economic loss to the
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United States as a result of hacking and trade se-
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cret theft by the Chinese Communist Party.
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(e) SUNSET.—This Act shall take effect on the date
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of enactment of this Act and cease to be in effect on the
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date that is 6 years after that date.
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(f) 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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Passed the House of Representatives September 11,
2024.
Attest:
KEVIN F. MCCUMBER,
Clerk.
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