[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9032 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 9032
To direct the Sergeants at Arms of the House of Representatives and the
Senate to develop an interagency plan to identify certain congressional
employees with connections to the Chinese Communist Party and intent to
engage in certain unlawful activities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 18, 2020
Mr. Murphy of North Carolina (for himself, Mr. Johnson of South Dakota,
Mr. Banks, and Mr. Abraham) introduced the following bill; which was
referred to the Committee on House Administration
_______________________________________________________________________
A BILL
To direct the Sergeants at Arms of the House of Representatives and the
Senate to develop an interagency plan to identify certain congressional
employees with connections to the Chinese Communist Party and intent to
engage in certain unlawful activities, 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 ``Stop China's Heinous Exploitation
and Malicious Espionage Against Congressional Access Act'' or the
``SCHEME Against Congressional Access Act''.
SEC. 2. CONGRESSIONAL EMPLOYEES WITH CHINESE COMMUNIST PARTY
CONNECTIONS AND INTENT TO ENGAGE IN UNLAWFUL ACTIVITIES.
(a) Findings.--Congress finds the following:
(1) The Chinese Communist Party has an explicit and
subversive interest in gaining access to and influence over
U.S. political activity.
(2) In a July 2020 speech, Director of the Federal Bureau
of Investigations Chris Wray said that ``Beijing is engaged in
a highly sophisticated malign foreign influence campaign'' with
efforts that involve ``subversive, undeclared, criminal, or
coercive attempts to sway our government's policies, distort
our country's public discourse, and undermine confidence in our
democratic processes and values''.
(3) There have been several instances and investigations of
Chinese operatives developing extensive ties and employment
with U.S. elected officials, both senior and junior.
(4) These same operatives, mostly Chinese nationals, have
been deployed to infiltrate political operations by the main
civilian spy agency of their home country as a means to gain
influence over decision-makers and gain access to classified
information.
(5) These instances demonstrate a devoted strategy of China
that takes years, or sometimes decades, to knowingly gain
access, influence, or information.
(6) To protect classified information and prevent seditious
influence over elected officials, Congress must act to develop
stronger oversight with respect to the foreign involvement of
covered individuals.
(b) Plan for Background Assessments.--Not later than 90 days after
the date of the enactment of this Act, the Sergeant at Arms of the
House of Representatives and the Sergeant at Arms of the Senate shall
jointly--
(1) consult with the Director of National Intelligence, the
Director of the Federal Bureau of Investigation, and the
Secretary of State regarding potential unlawful activity
engaged in by covered individuals to the advantage of the
Chinese Communist Party; and
(2) in consultation with the Directors and Secretary
specified in paragraph (1), develop an interagency plan to
assess the background of each covered individual to determine
whether--
(A) the covered individual has a connection to the
Chinese Communist Party or any element thereof
(including connections resulting from citizenship,
military service, or personal travel); and
(B) the covered individual intends to engage in
unlawful activity to the advantage of the Chinese
Communist Party.
(c) Assessment Outcomes.--
(1) Notification.--If, as the result of an assessment
conducted pursuant to the plan developed under subsection
(b)(2), the Sergeant at Arms concerned determines that a
covered individual meets both of the criteria specified in such
subsection, the Sergeant at Arms concerned shall notify the
head of the employing office for the covered individual.
(2) Outcome.--Upon receipt of a notification under
paragraph (1), the head of the employing office for the covered
individual shall--
(A) immediately terminate the employment of the
covered individual; and
(B) if the covered individual is not under
investigation by the Director of the Federal Bureau of
Investigation, refer the covered individual to such
Director for appropriate investigation.
(d) Report.--Not later than one year after the date on which the
plan under subsection (b)(2) is developed, and annually thereafter, the
Sergeant at Arms of the House of Representatives and the Sergeant at
Arms of the Senate shall jointly submit to the President and the
congressional intelligence committees a report on any improvements to
such plan made during the year covered by the report.
(e) Definitions.--In this section:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' has the meaning given
such term in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
(2) Covered employee.--The term ``covered employee'' means
an employee of the House of Representatives or an employee of
the Senate, as such terms are defined in subsection (a) of
section 101 of the Congressional Accountability Act (2 U.S.C.
1301).
(3) Employing office.--The term ``employing office'' has
the meaning given such term in subsection (a) of section 101 of
the Congressional Accountability Act (2 U.S.C. 1301), except
such term does not include the entities listed in subparagraphs
(D) or (E) of paragraph (9) of such subsection.
(4) Sergeant at arms concerned.--The term ``Sergeant at
Arms concerned'' means--
(A) the Sergeant at Arms of the House of
Representatives, with respect to assessments concerning
an employee of the House of Representatives; and
(B) the Sergeant at Arms of the Senate, with
respect to assessments concerning an employee of the
Senate.
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