H.R.708 - Strategic Homeland Intelligence and Enforcement Legislation to Defend Against the CCP Act; SHIELD Against CCP Act (119th Congress)
Summary
H.R.708, the SHIELD Against CCP Act, directs the Department of Homeland Security (DHS) to establish a working group focused on countering threats posed by the Chinese Communist Party (CCP). These threats include terrorism, cybersecurity breaches, border and port security vulnerabilities, and transportation security risks.
The working group will assess DHS efforts, account for dedicated resources, identify policy gaps, and facilitate inter-departmental cooperation. It also mandates information sharing with federal, state, local, tribal, and territorial partners, including fusion centers.
The Act requires annual threat assessments and a Comptroller General review, with a sunset provision after seven years. It also emphasizes adherence to constitutional protections and lawful free speech.
Expected Effects
The Act will likely lead to increased scrutiny and focused efforts within DHS to address specific threats attributed to the CCP. This could result in enhanced security measures and resource allocation to counter these perceived threats.
It may also foster greater collaboration between different levels of government and agencies in sharing information and coordinating responses. The creation of a dedicated working group signals a prioritization of these issues within the DHS.
Potential Benefits
- Enhanced national security through focused efforts to counter specific threats.
- Improved information sharing and coordination among federal, state, and local agencies.
- Increased awareness and understanding of potential vulnerabilities related to cybersecurity, border security, and other areas.
- Potential development of new technologies and techniques to enhance security measures.
- Greater accountability and oversight through annual assessments and Comptroller General review.
Most Benefited Areas:
Potential Disadvantages
- Potential for overreach or targeting of individuals based on national origin or ethnicity, raising civil rights concerns.
- Risk of duplicating existing efforts or creating bureaucratic inefficiencies.
- Possible strain on resources and budget allocation within DHS.
- Potential for escalation of tensions with China due to the explicitly targeted nature of the legislation.
- The focus on the CCP could overshadow other potential threats to national security.
Constitutional Alignment
The Act appears to align with the Constitution's broad mandate to "provide for the common defence" (Preamble). However, concerns arise regarding potential infringements on individual liberties and rights, particularly concerning due process and equal protection under the law (5th and 14th Amendments).
The Act includes a provision (g) stating that all activities must be carried out in accordance with applicable constitutional, privacy, civil rights, and civil liberties protections, and may not infringe upon the lawful exercise of free speech by United States persons (1st Amendment).
Careful oversight will be needed to ensure that the implementation of this Act does not violate constitutional principles.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).