Designating the Chinese Communist Party as a Transnational Organized Crime Group Act

transparency regarding the consequences of the SARS-CoV-2 virus were arbitrarily arrested, and several remain unaccounted for. (15) The Chinese government imposed travel bans on its own people but told other nations, including neighboring ones, that similar restrictions were unnecessary. (16) There have been more than 714,000 deaths from COVID-19 in the United States and approximately 4,800,000 deaths, globally. (17) The Director of the Federal Bureau of Investigation Christopher Wray recently described ``the greatest long-term threat to our Nation's information and intellectual property, and to our economic vitality, is the counterintelligence and economic espionage threat from China.''. (18) Director Wray unequivocally identified the source of this economic espionage, malignant foreign influence, and menacing threat: ``when I speak of the threat from China, I mean the Government of China and the Chinese Communist Party.''. (19) According to the updated 2017 report issued by the Commission on the Theft of American Intellectual Property, the PRC is responsible for coordinating a massive campaign in intellectual property theft, stealing anywhere between $250,000,000,000 and $600,000,000,000 annually from the United States. (20) The IP Commission's estimate does not include the ``full cost of patent infringement--an area sorely in need of greater research''. (21) The United States Trade Representative has confirmed the findings of the 2017 IP Commission's report. (22) The IP Commission found that forced technology transfer accounts for anywhere from $180,000,000,000 to $540,000,000,000 per year in lost value for the United States economy; of that value, the IP Commission also found that China accounts for the most of that theft. (23) According to Director Wray, the level of the CCP criminality is so widespread and voluminous that ``the FBI is opening a new China-related counterintelligence case about every 10 hours and of the nearly 5,000 active FBI counterintelligence cases currently underway across the country, almost half are related to China.''. (24) The nonprofit investigative body, China Tribunal, detailed in their March 2020 report that the CCP's campaign of forced organ harvesting against innocent victims could constitute one of the world's ``worst atrocities committed'' in modern times. (25) The 2019 report issued by the Congressional-Executive Commission on China described the failure of the CCP to protect the human rights of its citizens: ``[The 2019 report] found that the human rights situation has worsened and the rule of law continues to deteriorate, as the Chinese Government and Party increasingly used regulations and laws to assert social and political control . . . The abuse of criminal law and police power to target rights advocates, religious believers, and ethnic minority groups also continues unabated, and reporting on such abuses became increasingly restricted.''. (26) The criminally negligent actions taken by the CCP following their discovery of the coronavirus contributed to the loss of millions of American jobs and the onset of a global recession. SEC. 3. DESIGNATION OF CHINESE COMMUNIST PARTY. (a) Transnational Organized Crime Group.--On the date of the enactment of this Act, the Attorney General shall designate the Chinese Communist Party as a transnational organized crime group. (b) International Criminal Organizations Target List.--On the date of the enactment of this Act, the Director of the Federal Bureau of Investigation shall designate the Chinese Communist Party as a top international criminal organization for the Department of Justice. SEC. 4. AMENDMENT FOR PROSECUTION OF CHINESE COMMUNIST PARTY. (a) In General.--Chapter 96 of title 18, United States Code, is amended by adding at the end the following new section: ``Sec. 1969. Applying certain provisions for purpose of prosecuting Chinese Communist Party ``(a) In General.--Not later than 90 days after the date of the enactment of the `Designating the Chinese Communist Party as a Transnational Organized Crime Group Act', the Attorney General shall report to the Foreign Affairs Committee and Permanent Select Committee on Intelligence of the House of Representatives and the Foreign Relations Committee and Select Committee on Intelligence of the Senate, including-- ``(1) the number and extent of a racketeering activity (as defined under section 1961(1)) committed, aided, or abetted by the Chinese Communist Party; and ``(2) recommendations for penalties pursuant to sections 1963 or 1964, with respect to any violation of section 1962. ``(b) Statute of Limitation.--No statute of limitation that would otherwise preclude prosecution for an offense involving a racketeering activity (as defined under section 1961(1)) shall preclude such prosecution before the date that is 15 years after the date on which such activity is committed by the Chinese Communist Party. ``(c) Legal Liabilities.--The protections against legal liability offered to any agency or instrumentality of a foreign state under chapter 97 of title 28, United States Code, or any other provision of law, shall not apply to the Chinese Communist Party during an investigation of the commission of a racketeering activity (as defined under section 1961(1)) or if the Chinese Communist Party is charged with committing a racketeering activity (as defined under section 1961(1)).''. (b) Clerical Amendment.--Chapter 96 of title 18, United States Code, in the table of contents is amended by adding at the end the following: ``1969. Applying certain provisions for purpose of prosecuting Chinese Communist Party.''. <all>