§2CCP Initiative
This section establishes, within the National Security Division of the Department of Justice, the Chinese Communist Party (CCP) Initiative to counter nation-state threats, curb CCP spying on U.S. intellectual property and academic institutions, develop an enforcement strategy targeting nontraditional collectors (i.e., researchers in laboratories, universities, and the defense industrial base) used to transfer technology contrary to U.S. interests, implement the Foreign Investment Risk Review Modernization Act of 2018 for the Department of Justice, identify Foreign Corrupt Practices Act cases involving Chinese companies competing with U.S. businesses, prioritize trade secret theft, hacking, economic espionage, critical infrastructure protection, and theft of intellectual property from small businesses, and investigate investments by Chinese companies on the Entity List or the Department of Defense’s People’s Republic of China Military Companies list. (Thus, the Department of Justice must also report findings on subsidiaries or other controlled entities, whether or not they are registered in or operate in China.)
This section requires the Attorney General, acting through the Assistant Attorney General for National Security, to consult with relevant Department of Justice components and coordinate with the Federal Bureau of Investigation and other federal agencies as necessary in carrying out the CCP Initiative.
This section requires the CCP Initiative to operate separately from, and not under the authority or discretion of, any other Department of Justice initiative dedicated to countering nation-state threats, and requires all resources used for the CCP Initiative to be set aside solely for that initiative and not combined with any other Department of Justice program, including other nation-state threat initiatives.
This section requires the Attorney General to submit an annual written report to the Senate Committee on Homeland Security and Governmental Affairs, the Senate Committee on the Judiciary, the House Committee on Homeland Security, and the House Committee on the Judiciary on the CCP Initiative’s progress and challenges over the preceding year, including its progress toward the initiative’s objectives, the amount and sufficiency of resources provided and expended, the effectiveness of interagency coordination, the status of CCP trade secret theft, hacking, and economic espionage efforts and financial intelligence capabilities, the use of unmanned aircraft and associated components by the CCP, the initiative’s impact on those efforts, information sharing between government agencies and private companies, and the estimated economic loss to the United States from CCP hacking and trade secret theft.
This section takes effect on the date of enactment and terminates 6 years later.
This section includes a severability clause providing that if any provision of the Act, or its application to any person or circumstance, is held unconstitutional, the remainder of the Act and its application to other persons or circumstances remains in effect.