SHIELD Against CCP Act

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9668 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 9668

  To establish in the Department of Homeland Security a working group
   relating to countering terrorist, cybersecurity, border and port
   security, and transportation security threats posed to the United
     States by the Chinese Communist Party, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 18, 2024

Mr. Strong (for himself and Mr. Suozzi) introduced the following bill;
   which was referred to the Committee on Homeland Security, and in
 addition to the Committees on Ways and Means, Financial Services, the
    Judiciary, and Foreign Affairs, for a period to be subsequently
   determined by the Speaker, in each case for consideration of such
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

  To establish in the Department of Homeland Security a working group
   relating to countering terrorist, cybersecurity, border and port
   security, and transportation security threats posed to the United
     States by the Chinese Communist Party, 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. SHORT TITLE.

    This Act may be cited as the ``Strategic Homeland Intelligence and
Enforcement Legislation to Defend against the CCP Act'' or the ``SHIELD
Against CCP Act''.

SEC. 2. WORKING GROUP TO COUNTER CERTAIN THREATS POSED TO THE UNITED
              STATES BY THE CHINESE COMMUNIST PARTY.

    (a) Establishment.--
            (1) In general.--Not later than 180 days after the date of
        the enactment of this Act, the Secretary of Homeland Security
        shall establish in the Department of Homeland Security a
        working group (in this section referred to as the ``Working
        Group''), which shall carry out the duties specified in
        subsection (b) relating to countering terrorist, cybersecurity,
        border and port security, and transportation security threats
        posed to the United States by the Chinese Communist Party.
            (2) Director.--
                    (A) Appointment.--The head of the Working Group
                shall be a Director (in this section referred to as the
                ``Director''), who shall be appointed by the Secretary
                of Homeland Security.
                    (B) Reporting.--The Director shall report to the
                Secretary of Homeland Security regarding all
                administrative, operational, and security matters of
                the Working Group.
            (3) Staffing.--The Secretary of Homeland Security shall
        ensure the Working Group is provided with the following:
                    (A) A sufficient number of employees to perform
                required duties.
                    (B) Not fewer than one employee dedicated to
                ensuring compliance with privacy laws and regulations.
            (4) Detailees.--The Working Group may accept and employ
        detailees with expertise in countering terrorist,
        cybersecurity, border and port security, and transportation
        security threats posed by the Chinese Communist Party to the
        United States, or in related fields, from any element of the
        intelligence community or any other Federal agency the Director
        determines appropriate, with or without reimbursement,
        consistent with applicable laws and regulations regarding such
        employees.
    (b) Duties.--The Working Group shall carry out the following:
            (1) Examine, assess, and report upon efforts by the
        Department of Homeland Security to counter terrorist,
        cybersecurity, border and port security, and transportation
        security threats posed to the United States by the Chinese
        Communist Party, including efforts to counter the Chinese
        Communist Party's--
                    (A) nontraditional tactics and exploitation of the
                United States immigration system through--
                            (i) identity theft;
                            (ii) the immigrant and nonimmigrant visa
                        processes;
                            (iii) unlawful border crossings;
                            (iv) human smuggling; and
                            (v) human trafficking;
                    (B) predatory economic and trade practices,
                including the trafficking of counterfeit and pirated
                goods, the use of forced labor, labor exploitation for
                financial gain, customs fraud, money laundering
                practices, theft of intellectual property and
                technology, and risks to the critical infrastructure
                supply chain;
                    (C) malign influence operations and transnational
                repression targeting United States persons;
                    (D) threats to critical infrastructure;
                    (E) direct or indirect support for transnational
                criminal organizations trafficking in fentanyl, illicit
                drug precursors, or other controlled substances
                through--
                            (i) the United States border;
                            (ii) international mail shipments; or
                            (iii) express consignment operations;
                    (F) the movement of cross-border funds through
                traditional money laundering practices, third party
                facilitators, or emerging money laundering techniques,
                including cryptocurrency; and
                    (G) exploitation of vulnerabilities in the United
                States export control regime, including the export in
                violation of law of controlled technologies from the
                United States.
            (2) Account for the resources of the Department that are
        dedicated to programs aimed at countering terrorist,
        cybersecurity, border and port security, and transportation
        security threats posed to the United States by the Chinese
        Communist Party, and any supporting information as to the
        efficacy of each such program.
            (3) Build upon existing or ongoing evaluations and avoid
        unnecessary duplication by reviewing the findings, conclusions,
        and recommendations of other appropriate working groups,
        committees, commissions, or entities established by the
        Department related to efforts to counter terrorist,
        cybersecurity, border and port security, and transportation
        security threats posed to the United States by the Chinese
        Communist Party.
            (4) Identify gaps in policies, processes, and activities of
        the Department to respond to terrorist, cybersecurity, border
        and port security, and transportation security threats posed to
        the United States by the Chinese Communist Party.
            (5) Facilitate cooperation and coordination among offices
        and components of the Department on a holistic response to
        countering terrorist, cybersecurity, border and port security,
        and transportation security threats posed to the United States
        by the Chinese Communist Party.
    (c) Additional Duty Relating to Information Sharing.--The Working
Group, in accordance with applicable constitutional, privacy, civil
rights, and civil liberties protections, shall review, in coordination
with the Office of Intelligence and Analysis of the Department of
Homeland Security, information relating to terrorist, cybersecurity,
border and port security, and transportation security threats posed to
the United States by the Chinese Communist Party that is gathered by
Federal, State, local, Tribal, and territorial partners, and the
National Network of Fusion Centers, and incorporate such information,
as appropriate, into the Working Group's own information relating to
such threats. The Working Group, in coordination with the Office of
Intelligence and Analysis, shall also ensure the dissemination to
Federal, State, local, Tribal, and territorial partners, and the
National Network of Fusion Centers, of information related to such
threats.
    (d) Annual Assessments.--
            (1) In general.--Not later than 180 days after the date of
        the enactment of this section and annually thereafter for five
        years, the Secretary of Homeland Security, in coordination with
        the Under Secretary for Intelligence and Analysis of the
        Department of Homeland Security, the Director of the Federal
        Bureau of Investigation, and the Director of National
        Intelligence, shall submit to the Committee on Homeland
        Security of the House of Representatives and the Committee on
        Homeland Security and Governmental Affairs of the Senate a
        report that assesses terrorist, cybersecurity, border and port
        security, and transportation security threats posed to the
        United States by the Chinese Communist Party during the
        immediately preceding 12 months.
            (2) Contents.--Each assessment under paragraph (1) shall
        also include the following:
                    (A) A description of the activities and operations
                of the Working Group undertaken pursuant to subsection
                (b).
                    (B) Any other matters the Secretary of Homeland
                Security determines relevant.
            (3) Form.--Each assessment under paragraph (1) shall be
        submitted in unclassified form, but may include a classified
        annex. The Secretary of Homeland Security shall post on a
        publicly available website of the Department of Homeland
        Security the unclassified portion of each assessment.
            (4) Briefing.--Not later than 30 days after the submission
        of each assessment under paragraph (1), the Secretary of
        Homeland Security shall provide to the Committee on Homeland
        Security of the House of Representatives and the Committee on
        Homeland Security and Governmental Affairs of the Senate a
        briefing on such assessment and the progress and challenges of
        the Working Group.
    (e) Comptroller General Review.--Not later than one year after the
date of the enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate, a report on the implementation of
this section.
    (f) Research and Development.--Not later than one year after the
date of the enactment of this Act, the Secretary of Homeland Security,
in coordination with the Director and the Under Secretary for Science
and Technology of the Department of Homeland Security, shall, to the
extent practicable, carry out research and development, including
operational testing, of technologies and techniques for enhancing the
Department's security and situational awareness relating to countering
terrorist, cybersecurity, border and port security, and transportation
security threats posed to the United States by the Chinese Communist
Party, in accordance with applicable constitutional, privacy, civil
rights, and civil liberties protections.
    (g) Sunset.--The Working Group shall terminate on the date that is
seven years after the establishment of the Working Group under
subsection (a)(1).
    (h) Definitions.--In this section:
            (1) Critical infrastructure.--The term ``critical
        infrastructure'' has the meaning given such term in section
        1016(e) of Public Law 107-56 (42 U.S.C. 5195c(e)).
            (2) Fusion center.--The term ``fusion center'' has the
        meaning given such term in subsection (k) of section 210A of
        the Homeland Security Act of 2002 (6 U.S.C. 124h).
            (3) Intelligence community.--The term ``intelligence
        community'' has the meaning given such tern in section 3(4) of
        the National Security Act of 1947 (50 U.S.C. 3003(4)).
            (4) National network of fusion centers.--The term
        ``National Network of Fusion Centers'' means a decentralized
        arrangement of fusion centers intended to enhance individual
        State and urban area fusion centers' ability to leverage the
        capabilities and expertise of all such fusion centers for the
        purpose of enhancing analysis and homeland security information
        sharing nationally.
            (5) United states persons.--The term ``United States
        person'' has the meaning given such term in section 1637(d)(10)
        of the Carl Levin and Howard P. ``Buck'' McKeon National
        Defense Authorization Act for Fiscal year 2015 (50 U.S.C.
        1708(d)(10)).
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