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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9668 Referred in Senate (RFS)]

<DOC>
118th CONGRESS
  2d Session
                                H. R. 9668

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           December 11, 2024

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT

 
  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, and theft of 
                intellectual property and technology;
                    (C) 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; and
                    (D) support for illicit financial activity by 
                Chinese Money Laundering Organizations, including any 
                repatriation to China or any other country of the 
                proceeds derived from the activities described in 
                subparagraphs (A) through (C).
            (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 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 appropriate congressional 
        committees 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 appropriate 
        congressional committees 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 appropriate congressional committees 
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.
    (g) Implementation.--All activities carried out pursuant to this 
section--
            (1) shall be carried out in accordance with applicable 
        constitutional, privacy, civil rights, and civil liberties 
        protections; and
            (2) may not infringe upon the lawful exercise of free 
        speech by United States persons.
    (h) Sunset.--The Working Group shall terminate on the date that is 
seven years after the establishment of the Working Group under 
subsection (a)(1).
    (i) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) in the House of Representatives--
                            (i) the Committee on Homeland Security;
                            (ii) the Committee on Ways and Means;
                            (iii) the Committee on Financial Services;
                            (iv) the Committee on the Judiciary; and
                            (v) the Committee on Foreign Affairs; and
                    (B) in the Senate--
                            (i) the Committee on Homeland Security and 
                        Governmental Affairs;
                            (ii) the Committee on Banking, Housing, and 
                        Urban Affairs;
                            (iii) the Committee on Finance;
                            (iv) the Committee on the Judiciary; and
                            (v) the Committee on Foreign Relations.
            (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 term 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)).

            Passed the House of Representatives December 10, 2024.

            Attest:

                                             KEVIN F. MCCUMBER,

                                                                 Clerk.
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