SHIELD Against CCP Act

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”.

(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)).