CCP IP Act
- Bill Number
- S. 330
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- International Affairs
- Status
- Introduced
- Latest Action
- 2025-07-23: Committee on Small Business and Entrepreneurship. Hearings held.
- Last Updated
- 2026-04-17T20:17:36Z
AI-Generated Summary
Purpose
The legislation aims to protect United States intellectual property (IP) rights by imposing economic and immigration sanctions on individuals and entities in China involved in significant theft of IP from U.S. persons (such as citizens or companies). It targets operations in China's economy linked to such theft and restricts visas for certain Chinese officials to deter state-sponsored IP infringement.
Key Provisions
- Sanctions for IP Theft (Section 2):
- The President must impose sanctions on non-U.S. persons (individuals who are Chinese nationals or entities organized in or controlled by China) operating in a Chinese economic sector where they have directly engaged in a pattern of significant IP theft from U.S. persons, or received stolen IP from others doing so.
- Sanctions include:
- Blocking all U.S.-based assets and prohibiting transactions involving those assets (using powers from the International Emergency Economic Powers Act, or IEEPA, which allows the President to control economic dealings during national emergencies).
- Making affected individuals ineligible for U.S. visas, entry, or immigration benefits; revoking existing visas immediately.
- Penalties for violations mirror those under IEEPA, including fines and imprisonment.
- The President can waive sanctions case-by-case if it serves U.S. national security, with justification provided to Congress.
- Sanctions can end if the President certifies the person has stopped IP theft efforts.
- A report to Congress is required within 180 days listing all persons meeting sanction criteria.
- Visa Restrictions (Section 3):
- Bans visas and U.S. entry for:
- Senior Chinese Communist Party (CCP) officials (e.g., Politburo and Central Committee members, delegates to the 20th National Congress).
- Their spouses and children.
- Members of China's cabinet.
- Active-duty members of the People's Liberation Army (PLA).
- This ban does not apply in years where the President certifies that China has stopped supporting IP theft against U.S. citizens and entities.
- A report to Congress within 180 days must assess visa screening for IP theft risks and list research institutions tied to the PLA and China's Ministry of State Security.
Significant Changes to Existing Law
- Builds on the IEEPA (50 U.S.C. 1701 et seq.) by directing its use specifically against IP theft in China's economy, creating a targeted sanctions regime without needing a new emergency declaration.
- Amends immigration rules under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) by mandating visa revocations and broad ineligibility for a defined group of Chinese officials, going beyond current ad-hoc restrictions.
- Introduces mandatory reporting and certification requirements for waivers/terminations, increasing congressional oversight of executive actions on China-related sanctions.
Potential Impacts
- Government Agencies: The President, State Department, and Department of Homeland Security gain enforcement duties, including asset freezes, visa processing, and reports, potentially straining resources for monitoring Chinese economic sectors.
- Citizens: U.S. persons (individuals or companies) holding IP may benefit from reduced theft risks, but could face indirect effects like higher costs for Chinese goods if sanctions disrupt trade.
- International Relations: Likely to heighten U.S.-China tensions by labeling state actors as IP thieves, possibly prompting Chinese retaliation in trade or diplomacy; could encourage allies to adopt similar measures but risk isolating the U.S. in global IP enforcement.
Main Stakeholders Affected
- U.S. Intellectual Property Holders: Companies and inventors protected from theft, potentially gaining competitive advantages.
- Chinese Individuals and Entities: Nationals, officials, PLA members, and firms in sanctioned sectors face asset losses, travel bans, and business restrictions.
- U.S. Government: Executive branch (President, State, Homeland Security) for implementation; Congress for oversight via reports and certifications.
- Chinese Government and CCP: Senior leaders and military personnel restricted from U.S. entry, impacting official travel and exchanges.
Notable Legal, Constitutional, or Political Implications
- Legal: Relies on established IEEPA and immigration laws for enforceability, but the broad "pattern of significant theft" determination could lead to challenges over evidence standards or due process for sanctioned parties.
- Constitutional: Affirms executive authority in foreign affairs and national security (under Article II), while requiring congressional notifications to balance powers; no direct free speech or due process issues for U.S. persons, but visa restrictions may raise equal protection questions for affected aliens.
- Political: Signals a bipartisan push to counter perceived Chinese economic aggression, potentially influencing future U.S. trade policies; the waiver provisions allow flexibility to avoid escalation, but mandatory sanctions could politicize IP disputes in international forums like the World Trade Organization.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Recent Actions
- 2025-07-23: Committee on Small Business and Entrepreneurship. Hearings held.
- 2025-01-30: Read twice and referred to the Committee on Foreign Relations.
- 2025-01-30: Introduced in Senate
Bill Versions
- Combatting China’s Pilfering of Intellectual Property Act — issued 2025-01-30 — PDF (8 pages)