Neither was Judge Garland’s past experience nor the role of the Attorney General typically viewed as significant regarding U.S. foreign policy, or the U.S.-China bilateral relationship in particular. Judge Garland’s view on China has not been made publicly. Nevertheless, the role of the Attorney General and the Department of Justice became relevant to the development of the U.S.-China relationship as the Department of Justice launched the China Initiative in 2018. Then Attorney General Jeff Sessions and Acting Attorney General John Demers, who was the head of the department’s national security division, determined that it was necessary for the department to address the Chinese national security threat. Judge Garland will be deciding on whether the initiative shall continue pursue the following goals set by his predecessors:

• Identify priority trade secret theft cases, ensure that investigations are adequately resourced, and work to bring them to fruition in a timely manner and according to the facts and applicable law;
• Develop an enforcement strategy concerning non-traditional collectors (e.g., researchers in labs, universities and the defense industrial base) that are being coopted into transferring technology contrary to U.S. interests;
• Educate colleges and universities about potential threats to academic freedom and open discourse from influence efforts on campus;
• Apply the Foreign Agents Registration Act to unregistered agents seeking to advance China’s political agenda, bringing enforcement actions when appropriate;
• Equip the nation’s U.S. Attorneys with intelligence and materials they can use to raise awareness of these threats within their Districts and support their outreach efforts;
• Implement the Foreign Investment Risk Review Modernization Act (FIRRMA) for DOJ (including by working with Treasury to develop regulations under the statute and prepare for increased workflow);
• Identify opportunities to better address supply chain threats, especially those impacting the telecommunications sector, prior to the transition to 5G networks;
• Identify Foreign Corrupt Practices Act (FCPA) cases involving Chinese companies that compete with American businesses;
• Increase efforts to improve Chinese responses to requests under the Mutual Legal Assistance Agreement (MLAA) with the United States; and
• Evaluate whether additional legislative and administrative authorities are required to protect our national assets from foreign economic aggression.