[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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