US Codex
Bill
Notes

H.R. 1398 — what changed

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

From Introduced in House to Reported in House. 2 sections amended between Introduced in House and Reported in House.

Section 1 Short title

changed This Act may be cited as the “Protect America’s Innovation and Economic Security from CCP Act”.Act of 2024”.

Sec. 2 CCP Initiative

(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)
changed curb spying by the Chinese Communist Party on United States intellectual property and academic institutions in the United States; andStates;
(3)
changed focus on—develop an enforcement strategy concerning nontraditional collectors, including researchers in labs, universities, and the defense industrial base, that are being used to transfer technology contrary to United States interests;
(4)
added implement the Foreign Investment Risk Review Modernization Act of 2018 (title XVII of division A of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (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;
(5)
added identify cases under the Foreign Corrupt Practices Act of 1977 (Public Law 95–213; 91 Stat. 1494) involving Chinese companies that compete with United States businesses; and
(6)
added prioritize—
(A)
renumbered was (2)(5)(2) identifying and prosecuting those engaged in trade secret theft, hacking, and economic espionage; and
(B)
renumbered was (2)(5)(3) protecting the critical infrastructure in the United States against external threats through foreign direct investment and supply chain compromises.
(b)
changed Steering committee—Consultation— The In executing the CCP Initiative Initiative’s objectives as set forth in subsection (a), the Attorney General, acting through the Assistant Attorney General for National Security, shall be led by a steering committee comprised of—consult with relevant components of the Department of Justice as necessary, and coordinate activities with the Federal Bureau of Investigation and any other Federal agency as necessary.
(1)
removed the Assistant Attorney General for National Security;
(2)
removed senior officials in the Federal Bureau of Investigation, as determined by the Attorney General;
(3)
removed the Assistant Attorney General for the Criminal Division of the Department of Justice;
(4)
removed the Executive Assistant Director of the National Security Branch of the Federal Bureau of Investigation; and
(5)
removed 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)
removed Goals— The CCP Initiative shall have the following goals:
(1)
removed Identify priority trade secret theft cases, ensuring that investigations are adequately resourced.
(2)
removed Work to bring the cases described in paragraph (1) to fruition in a timely manner and according to the facts and applicable law.
(3)
removed 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)
removed Educate colleges and universities about potential threats to academic freedom and open discourse from influence efforts on campus.
(5)
removed 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)
removed Equip United States attorneys with intelligence and materials to be used to—
(A)
removed raise awareness of the threats described in this section within their judicial districts; and
(B)
removed support outreach efforts.
(7)
removed 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)
removed Identify opportunities to better address supply chain threats, especially ones impacting the telecommunications sector, prior to the transition to 5G networks.
(9)
removed 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)
removed Increase efforts to improve Chinese responses to requests under the Mutual Legal Assistance Agreement with the United States.
(11)
removed Evaluate whether additional legislative and administrative authorities are required to protect United States assets from foreign economic aggression.
(c)
renumbered was (5) Requirement— Under the CCP Initiative—
(1)
removed all investigations and prosecutions shall be set as priority and not based on discretion;
(1)
renumbered was (5)(4) 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
(2)
renumbered was (5)(5) 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.
(d)
added Annual report— The Attorney General shall submit annually a written report to 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, on the progress and challenges of the CCP Initiative over the preceding year, including—
(1)
added its progress in accomplishing the objectives set forth in subsection (a);
(2)
added the amount and sufficiency of resources provided to, and expended by, the CCP Initiative;
(3)
added the level and effectiveness of coordination with the Federal Bureau of Investigation and other Federal agencies;
(4)
added the status of efforts by the Chinese Communist Party to engage in trade secret theft, hacking, and economic espionage; and
(5)
added the impact of the CCP Initiative on those efforts of the Chinese Communist Party.
(e)
changed Annual briefing—Sunset— The Attorney General This Act 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 take effect on the Judiciary date of the House enactment of Representatives annually on the progress this Act and challenges of cease to be in effect on the CCP Initiative.date that is 6 years after that date.
(f)
removed 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.
(f)
renumbered was (8) 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.