CCP Act

II 116TH CONGRESS 2D SESSION S. 4457 To prohibit companies doing business in the United States from amplifying propaganda originating from the Government of the People’s Republic of China, and for other purposes. IN THE SENATE OF THE UNITED STATES AUGUST 5, 2020 Mr. KENNEDY introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To prohibit companies doing business in the United States from amplifying propaganda originating from the Gov- ernment of the People’s Republic of China, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLES. 3 This Act may be cited as the ‘‘Combating Chinese 4 Propaganda Act’’ or the ‘‘CCP Act’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 VerDate Sep 11 2014 22:48 Aug 22, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4457.IS S4457 kjohnson on DSK79L0C42PROD with BILLS 2 •S 4457 IS (1) PROPAGANDA.—The term ‘‘propaganda’’ 1 means the propagation of an idea or narrative, espe- 2 cially of a biased or misleading nature that is in- 3 tended to influence, promote, or publicize a par- 4 ticular cause or point of view. 5 (2) UNITED STATES COMPANY.—The term 6 ‘‘United States company’’ has the meaning given 7 such term in section 4(a) of the Defend Trade Se- 8 crets Act of 2016 (34 U.S.C. 41310(a)). 9 SEC. 3. PROHIBITION AGAINST COMPANIES DOING BUSI- 10 NESS IN THE UNITED STATES MAKING PUB- 11 LIC STATEMENTS OR TAKING ACTIONS AT 12 THE BEHEST OF THE GOVERNMENT OF THE 13 PEOPLE’S REPUBLIC OF CHINA. 14 (a) IN GENERAL.—Except as provided in subsection 15 (b), it shall be unlawful for any United States company 16 or foreign-owned company doing business in the United 17 States from cooperating with any effort by the Govern- 18 ment of the People’s Republic of China to coerce such 19 company— 20 (1) to make public statements through tradi- 21 tional media, social media, or advertising campaigns 22 that reflect propaganda pushed by the Government 23 of the People’s Republic of China; 24 VerDate Sep 11 2014 22:48 Aug 22, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4457.IS S4457 kjohnson on DSK79L0C42PROD with BILLS 3 •S 4457 IS (2) to take other actions contrary to their fidu- 1 ciary interests at the behest of the Government of 2 the People’s Republic of China; or 3 (3) to furnish personal information regarding 4 Chinese dissidents to the Government of the People’s 5 Republic of China. 6 (b) EXCEPTIONS.—The prohibition under subsection 7 (a) shall not apply to compliance with standard regulatory 8 requirements imposed by the Government of the People’s 9 Republic of China that are necessary to protect the health 10 or safety of the general public. 11 (c) REPORTING REQUIREMENT.— 12 (1) IN GENERAL.—Any United States company 13 or foreign-owned company doing business in the 14 United States shall report to the Secretary of State 15 and the Secretary of Commerce each instance in 16 which the Government of the People’s Republic of 17 China has pressured such company to violate the 18 prohibition under subsection (a). 19 (2) QUARTERLY REPORT.—The Secretary of 20 Commerce shall submit a quarterly report to Con- 21 gress that summarizes all of the incidents reported 22 under paragraph (1) during such quarter. 23 (d) PENALTIES.— 24 VerDate Sep 11 2014 22:48 Aug 22, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4457.IS S4457 kjohnson on DSK79L0C42PROD with BILLS 4 •S 4457 IS (1) CIVIL PENALTY.—Any United States com- 1 pany or foreign-owned company that fails to comply 2 with the reporting requirements set forth in sub- 3 section (c) shall be subject to a civil penalty equal 4 to not more than $250,000. 5 (2) CRIMINAL PENALTY.—If any official of a 6 United States company or foreign-owned company 7 knowingly violates, or authorizes the violation of, 8 subsection (a)— 9 (A) the company shall be subject to a 10 criminal penalty of not more than $1,000,000 11 for each such violation; and 12 (B) such official may be imprisoned for not 13 more than 20 years. 14 Æ VerDate Sep 11 2014 22:48 Aug 22, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S4457.IS S4457 kjohnson on DSK79L0C42PROD with BILLS