Should the DoJ prosecute individuals involved in espionage or hacking, particularly those with the Chinese Communist Party?
H.R. 1398 establishes an initiative within the Department of Justice’s National Security Division, reestablishing the China Initiative that the Department of Justice ended in 2022. Its purpose is to counter national threats, particularly those posed by the Chinese Communist Party (CCP), including espionage on U.S. intellectual property and academic institutions. The initiative will focus on finding and prosecuting individuals stealing business secrets, hacking, and spying for economic gain. It will also work to protect important U.S. systems from being harmed by foreign investments and supply chain issues. The Attorney General must submit annual reports on its progress, coordination efforts, and effectiveness.
Sponsor: Rep. Lance Gooden (Republican, Texas, District 5)
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How do you feel?
Opponents say
• "During its four-year tenure, the China Initiative stifled innovation by discouraging foreign talent from moving to American companies and prevented Chinese researchers from accepting positions at our institutions of higher learning. We cannot quantify those missed opportunities. There is no way to know what inventions never came to be, but we can realize when we made a mistake, and move on. This bill would prevent us from doing so. I appreciate that my colleagues have been circumspect when talking about the national security threat posed by China. But it is imperative that we differentiate the many people who live and work in the United States from the threat posed by the government of China, not just in our words but in our actions." Source: Rep. Jerry Nadler (Democrat, New York, District 12)
• "With this most recent attempt to reinstate the China Initiative, we are reminded yet again of discriminatory investigations that create a "living hell" for researchers and their families. There is absolutely no reason for us to take a step back and reinstate a policy that has deeply harmed so many and led to a widespread chilling effect for our communities, especially during Asian American, Native Hawaiian, and Pacific Islander Heritage Month. While AASF has worked diligently to build bridges and foster trust at the federal level, we also closely monitor the work of our legislators and stand firm in our opposition to any attempt at reinstating the ‘China Initiative,’ including HR 1398. We will continue to work toward healing, trust, and academic equality for all, but this will not be possible if this Initiative is reinstated. Our country is made stronger when Asian Americans and immigrants are able to contribute freely without fear of discrimination or harm—and any legislation from Congress should be a reflection of that." Source: Gisela Perez Kusakawa, Executive Director of the Asian-American Scholar Forum
• "The Trump-era China Initiative undermined our nation’s scientific innovation and global partnerships while perpetuating the ‘forever foreigner’ stereotype and ruining the careers and lives of the innocent scholars targeted for investigations solely because of their Chinese ancestry. In fact, the China Initiative was such a failure at collecting evidence of economic espionage that the DOJ was forced to switch its investigations from trade secret thefts to grant application mistakes. That is why the Congressional Asian Pacific American Caucus successfully pushed the DOJ under President Biden to eliminate the initiative and why we led a letter to Congressional leadership today to avoid resuscitating a program based on xenophobia, not evidence." Source: Rep. Judy Chu (Democrat, California, District 28)
Proponents say
• "President Biden has once again put far-left activists ahead of our national security by canceling a DOJ program designed to prevent spying by the CCP on U.S. intellectual property and academic institutions. This soft-on-China approach is emboldening the CCP, and Congress can no longer stand by while President Biden behaves like a puppet of Beijing." Source: Rep. Lance Gooden (Republican, Texas, District 5)
• "The Biden administration’s policies have reversed President Trump’s America first agenda to actively enable the New Axis of Evil – Russia, Iran, North Korea, and China. Instead of continuing the China Initiative – an important program which identified and prosecuted those engaged in trade secret theft, hacking, and economic espionage – Biden is choosing to make the United States less secure. This legislation will continue a vital program to keep America safe by stopping the Chinese Communist Party from undermining our economic stability and national security." Source: Sen. Marsha Blackburn (Republican, Tennessee)
• "America remains the most innovative country in the world, but the Chinese Communist Party is relentlessly trying to cheat American businesses by stealing their information and technology to fuel its repressive regime and compete against us. FBI Director Wray tells us that the Bureau opens a new Chinese spying case every 12 hours, and yet the Biden Administration is ending the Department of Justice initiative focusing on this unparalleled threat to our national and economic security. This legislation would prevent this misguided decision and ensure that combatting CCP espionage remains a top priority." Source: Sen. Bill Hagerty (Republican, Tennessee)