United States HR 7325: Countering Chinese Espionage Reporting Act

Bill Text

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117TH CONGRESS
2D SESSION H. R. 7325
To direct the Attorney General to prepare a report on the Department
of Justice activities related to countering Chinese national security
threats, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 31, 2022
Mr. FITZGERALD (for himself, Mr. ISSA, Mr. WALTZ, Mr. C. SCOTT FRANK-
LIN of Florida, Mr. BUCK, Ms. STEFANIK, and Mr. GOHMERT) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary
A BILL
To direct the Attorney General to prepare a report on the
Department of Justice activities related to countering
Chinese national security threats, 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 TITLE. 3
This Act may be cited as the ‘‘Countering Chinese 4
Espionage Reporting Act’’. 5
SEC. 2. FINDINGS. 6
Congress makes the following findings: 7
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(1) The Chinese Communist Party poses perva-1
sive and growing threats to United States domestic 2
national security. 3
(2) On November 1, 2018, the Department of 4
Justice launched a new initiative, referred to as the 5
‘‘China Initiative’’, to address some of the most crit-6
ical threats to United States domestic national secu-7
rity posed by the Chinese regime. 8
(3) The China Initiative has sought to identify 9
and prosecute Chinese trade secret theft and eco-10
nomic espionage and to protect American critical in-11
frastructure and supply chains from covert influence. 12
(4) The Chinese Communist Party’s aggression 13
is a pervasive and growing problem, as approxi-14
mately 80 percent of all Federal economic espionage 15
prosecutions involve alleged conduct that would ben-16
efit the Chinese Communist Party, and about 60 17
percent of all United States trade secret theft cases 18
have a nexus to the Chinese Communist Party. 19
(5) According to the Commission on the Theft 20
of American Intellectual Property, the Chinese Com-21
munist Party’s theft of United States intellectual 22
property is estimated to cost the United States econ-23
omy between $225,000,000,000 to 24
$600,000,000,000 annually. 25
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(6) The Department of Justice has identified 1
academia as one of the sectors of the United States 2
economy that are most vulnerable to trade secret 3
theft and economic espionage by the Chinese Com-4
munist Party. The Chinese Communist Party ex-5
ploits the American tradition of openness and the 6
free flow of ideas for its own benefit. 7
(7) The widespread and dangerous threats 8
posed by the Chinese Communist Party has been un-9
derscored by the most senior-level United States 10
Government officials. 11
(8) On November 1, 2018, the former Assistant 12
Attorney for the Department of Justice’s National 13
Security Division stated, ‘‘China wants the fruits of 14
America’s brainpower to harvest the seeds of its 15
planned economic dominance. Preventing this from 16
happening will take all of us, here at the Justice De-17
partment, across the U.S. Government, and within 18
the private sector’’. 19
(9) On June 24, 2020, the former National Se-20
curity Advisor of the White House stated that the 21
Chinese Communist Party ‘‘is seeking leverage over 22
individual Americans’’ and ‘‘collecting your most in-23
timate data—your words, your actions, your pur-24
chases, your whereabouts, your health records, your 25
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social media posts, your texts, and mapping your 1
network of friends, family, and acquaintances’’. 2
(10) On July 7, 2020, the Director of the Fed-3
eral Bureau of Investigation warned that ‘‘[t]he 4
greatest long-term threat to our nation’s information 5
and intellectual property, and to our economic vital-6
ity, is the counterintelligence and economic espio-7
nage threat from China’’. 8
(11) The Director of the Federal Bureau of In-9
vestigation added that ‘‘[w]e’ve now reached the 10
point where the FBI is opening a new China-related 11
counterintelligence case about every 10 hours. Of the 12
nearly 5,000 active FBI counterintelligence cases 13
currently underway across the country, almost half 14
are related to China’’. 15
(12) On July 16, 2020, the former Attorney 16
General of the Department of Justice stated that 17
‘‘[t]he ultimate ambition of China’s rulers isn’t to 18
trade with the United States. It is to raid the 19
United States’’. 20
(13) On July 23, 2020, the former Secretary of 21
the Department of State stated that ‘‘[w]e [the 22
United States] must admit a hard truth that should 23
guide us