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

<DOC>

                                                 Union Calendar No. 695
118th CONGRESS
  2d Session
                                H. R. 9668

                      [Report No. 118-850, Part I]

  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

                           December 10, 2024

  Additional sponsors: Mr. Higgins of Louisiana, Mr. D'Esposito, Mr. 
            Green of Tennessee, Mr. Guest, and Mr. Buchanan

                           December 10, 2024

            Reported from the Committee on Homeland Security

                           December 10, 2024

 Committees on Foreign Affairs, Financial Services, Ways and Means, and 
the Judiciary discharged; committed to the Committee of the Whole House 
          on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 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)).
                                                 Union Calendar No. 695

118th CONGRESS

  2d Session

                               H. R. 9668

                      [Report No. 118-850, Part I]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           December 10, 2024

            Reported from the Committee on Homeland Security

                           December 10, 2024

 Committees on Foreign Affairs, Financial Services, Ways and Means, and 
the Judiciary discharged; committed to the Committee of the Whole House 
          on the State of the Union and ordered to be printed
```