II 117th CONGRESS 2d Session S. 3960 IN THE SENATE OF THE UNITED STATES March 30, 2022 Mr. Scott of Florida (for himself, Mr. Hagerty , Mr. Rubio , Mr. Braun , Mrs. Blackburn , and Mr. Johnson ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To establish the CCP Initiative program, and for other purposes.

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.