A bill to establish the CCP Initiative program, and for other purposes.
Bill: S.3960 | Sponsor: Sen. Scott, Rick (R-FL)
Policy area: Crime and Law Enforcement

Summary:
This bill reestablishes an initiative related to China within the National Security Division of the Department of Justice (DOJ) and outlines the goals and requirements for this initiative.
In 2022, DOJ ended a program named the China Initiative. This bill reestablishes and renames it the CCP Initiative to (1) counter nation-state threats to the United States; (2) curb spying by the Chinese Communist Party (CCP) on U.S. intellectual property and academic institutions; (3) identify and prosecute individuals engaged in trade secret theft, hacking, and economic espionage; and (4) protect U.S. critical infrastructure from foreign threats.
DOJ must annually brief specified congressional committees on the progress and challenges of the initiative.
The initiative terminates six years after enactment of this bill.

To establish the CCP Initiative program, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CCP INITIATIVE PROGRAM.

    (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) curb spying by the Chinese Communist Party on United 
        States intellectual property and academic institutions in the 
        United States; and
            (3) focus on--
                    (A) identifying and prosecuting those engaged in 
                trade secret theft, hacking, and economic espionage; 
                and
                    (B) protecting the critical infrastructure in the 
                United States against external threats through foreign 
                direct investment and supply chain compromises.
    (b) Steering Committee.--The CCP Initiative shall be led by a 
steering committee comprised of--
            (1) the Assistant Attorney General for National Security;
            (2) senior officials in the Federal Bureau of 
        Investigation, as determined by the Attorney General;
            (3) the Assistant Attorney General for the Criminal 
        Division of the Department of Justice;
            (4) the Executive Assistant Director of the National 
        Security Branch of the Federal Bureau of Investigation; and
            (5) 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) Goals.--The CCP Initiative shall have the following goals:
            (1) Identify priority trade secret theft cases, ensuring 
        that investigations are adequately resourced.
            (2) Work to bring the cases described in paragraph (1) to 
        fruition in a timely manner and according to the facts and 
        applicable law.
            (3) Develop an enforcement strategy concerning 
        nontraditional collectors, including researchers in labs, 
        universities, and the defense industrial base, that are being 
        coopted into transferring technology contrary to United States 
        interests.
            (4) Educate colleges and universities about potential 
        threats to academic freedom and open discourse from influence 
        efforts on campus.
            (5) 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) Equip United States attorneys with intelligence and 
        materials they can use to raise awareness of these threats 
        within their judicial districts and support their outreach 
        efforts.
            (7) Implement the Foreign Investment Risk Review 
        Modernization Act of 2018 (subtitle 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 the Act and prepare for increased 
        workflow.
            (8) Identify opportunities to better address supply chain 
        threats, especially ones impacting the telecommunications 
        sector, prior to the transition to 5G networks.
            (9) 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) Increase efforts to improve Chinese responses to 
        requests under the Mutual Legal Assistance Agreement with the 
        United States.
            (11) Evaluate whether additional legislative and 
        administrative authorities are required to protect United 
        States assets from foreign economic aggression.
    (d) Requirement.--Under the CCP Initiative--
            (1) all investigations and prosecutions shall be set as 
        priority and not based on discretion;
            (2) the Initiative must be separate from and not under the 
        authority or discretion of any other Department of Justice 
        initiative dedicated to countering nation-state threats; and
            (3) all resources used for the CCP Initiative must solely 
        be set aside for the CCP Initiative and cannot be combined to 
        support any other Department of Justice program, including 
        other programs and initiatives dedicated to countering nation-
        state threats.
    (e) Annual Briefing.--The Attorney General 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 on the Judiciary of the House of 
Representatives annually on the progress and challenges of the CCP 
Initiative.
    (f) 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.
    (g) 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.
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