H.R. 1955: Violent Radicalization and Homegrown Terrorism Prevention Act of

H.R. 1955: Violent Radicalization and Homegrown Terrorism Prevention
Act of
2007
Bill Status
Introduced: Apr 19, 2007
Sponsor: Rep. Jane Harman [D-CA]
Status: Passed House (Bipartisan support.)
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Text of Legislation
HR 1955 RFS


110th CONGRESS

1st Session

H. R. 1955

??IN THE SENATE OF THE UNITED STATES


October 24, 2007

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


--------------------------------------------------------------------------------


AN ACT
To prevent homegrown terrorism, 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 `Violent Radicalization and Homegrown
Terrorism Prevention Act of 2007'.


SEC. 2. PREVENTION OF VIOLENT RADICALIZATION AND HOMEGROWN TERRORISM.

(a) In General- Title VIII of the Homeland Security Act of 2002 (6
U.S.C.
361 et seq.) is amended by adding at the end the following new
subtitle:


`Subtitle J--Prevention of Violent Radicalization and Homegrown
Terrorism

`SEC. 899A. DEFINITIONS.

`For purposes of this subtitle:

`(1) COMMISSION- The term `Commission' means the National
Commission on
the Prevention of Violent Radicalization and Homegrown Terrorism
established
under section 899C.

`(2) VIOLENT RADICALIZATION- The term `violent radicalization'
means the
process of adopting or promoting an extremist belief system for the
purpose
of facilitating ideologically based violence to advance political,
religious, or social change.

`(3) HOMEGROWN TERRORISM- The term `homegrown terrorism' means the
use,
planned use, or threatened use, of force or violence by a group or
individual born, raised, or based and operating primarily within the
United
States or any possession of the United States to intimidate or coerce
the
United States government, the civilian population of the United
States, or
any segment thereof, in furtherance of political or social objectives.

`(4) IDEOLOGICALLY BASED VIOLENCE- The term `ideologically based
violence' means the use, planned use, or threatened use of force or
violence
by a group or individual to promote the group or individual's
political,
religious, or social beliefs.


`SEC. 899B. FINDINGS.

`The Congress finds the following:

`(1) The development and implementation of methods and processes
that
can be utilized to prevent violent radicalization, homegrown
terrorism, and
ideologically based violence in the United States is critical to
combating
domestic terrorism.

`(2) The promotion of violent radicalization, homegrown terrorism,
and
ideologically based violence exists in the United States and poses a
threat
to homeland security.

`(3) The Internet has aided in facilitating violent
radicalization,
ideologically based violence, and the homegrown terrorism process in
the
United States by providing access to broad and constant streams of
terrorist-related propaganda to United States citizens.

`(4) While the United States must continue its vigilant efforts
to
combat international terrorism, it must also strengthen efforts to
combat
the threat posed by homegrown terrorists based and operating within
the
United States.

`(5) Understanding the motivational factors that lead to violent
radicalization, homegrown terrorism, and ideologically based violence
is a
vital step toward eradicating these threats in the United States.

`(6) Preventing the potential rise of self radicalized,
unaffiliated
terrorists domestically cannot be easily accomplished solely through
traditional Federal intelligence or law enforcement efforts, and can
benefit
from the incorporation of State and local efforts.

`(7) Individuals prone to violent radicalization, homegrown
terrorism,
and ideologically based violence span all races, ethnicities, and
religious
beliefs, and individuals should not be targeted based solely on race,
ethnicity, or religion.

`(8) Any measure taken to prevent violent radicalization,
homegrown
terrorism, and ideologically based violence and homegrown terrorism in
the
United States should not violate the constitutional rights, civil
rights, or
civil liberties of United States citizens or lawful permanent
residents.

`(9) Certain governments, including the United Kingdom, Canada,
and
Australia have significant experience with homegrown terrorism and
the
United States can benefit from lessons learned by those nations.


`SEC. 899C. NATIONAL COMMISSION ON THE PREVENTION OF VIOLENT
RADICALIZATION
AND IDEOLOGICALLY BASED VIOLENCE.

`(a) Establishment- There is established within the legislative
branch of
the Government the National Commission on the Prevention of Violent
Radicalization and Homegrown Terrorism.

`(b) Purpose- The purposes of the Commission are the following:

`(1) Examine and report upon the facts and causes of violent
radicalization, homegrown terrorism, and ideologically based violence
in the
United States, including United States connections to non-United
States
persons and networks, violent radicalization, homegrown terrorism,
and
ideologically based violence in prison, individual or `lone wolf'
violent
radicalization, homegrown terrorism, and ideologically based violence,
and
other faces of the phenomena of violent radicalization, homegrown
terrorism,
and ideologically based violence that the Commission considers
important.

`(2) Build upon and bring together the work of other entities and
avoid
unnecessary duplication, by reviewing the findings, conclusions, and
recommendations of--

`(A) the Center of Excellence established or designated under
section
899D, and other academic work, as appropriate;

`(B) Federal, State, local, or tribal studies of, reviews of,
and
experiences with violent radicalization, homegrown terrorism, and
ideologically based violence; and

`(C) foreign government studies of, reviews of, and experiences
with
violent radicalization, homegrown terrorism, and ideologically based
violence.

`(c) Composition of Commission- The Commission shall be composed of
10
members appointed for the life of the Commission, of whom--

`(1) one member shall be appointed by the President from among
officers
or employees of the executive branch and private citizens of the
United
States;

`(2) one member shall be appointed by the Secretary;

`(3) one member shall be appointed by the majority leader of the
Senate;

`(4) one member shall be appointed by the minority leader of the
Senate;

`(5) one member shall be appointed by the Speaker of the House of
Representatives;

`(6) one member shall be appointed by the minority leader of the
House
of Representatives;

`(7) one member shall be appointed by the Chairman of the
Committee on
Homeland Security of the House of Representatives;

`(8) one member shall be appointed by the ranking minority member
of the
Committee on Homeland Security of the House of Representatives;

`(9) one member shall be appointed by the Chairman of the
Committee on
Homeland Security and Governmental Affairs of the Senate; and

`(10) one member shall be appointed by the ranking minority member
of
the Committee on Homeland Security and Governmental Affairs of the
Senate.

`(d) Chair and Vice Chair- The Commission shall elect a Chair and a
Vice
Chair from among its members.

`(e) Qualifications- Individuals shall be selected for appointment
to the
Commission solely on the basis of their professional qualifications,
achievements, public stature, experience, and expertise in relevant
fields,
including, but not limited to, behavioral science, constitutional
law,
corrections, counterterrorism, cultural anthropology, education,
information
technology, intelligence, juvenile justice, local law enforcement,
organized
crime, Islam and other world religions, sociology, or terrorism.

`(f) Deadline for Appointment- All members of the Commission shall
be
appointed no later than 60 days after the date of enactment of this
subtitle.

`(g) Quorum and Meetings- The Commission shall meet and begin the
operations of the Commission not later than 30 days after the date on
which
all members have been appointed or, if such meeting cannot be
mutually
agreed upon, on a date designated by the Speaker of the House of
Representatives. Each subsequent meeting shall occur upon the call of
the
Chair or a majority of its members. A majority of the members of the
Commission shall constitute a quorum, but a lesser number may hold
meetings.

`(h) Authority of Individuals to Act for Commission- Any member of
the
Commission may, if authorized by the Commission, take any action that
the
Commission is authorized to take under this Act.

`(i) Powers of Commission- The powers of the Commission shall be as
follows:

`(1) IN GENERAL-

`(A) HEARINGS AND EVIDENCE- The Commission or, on the authority
of the
Commission, any subcommittee or member thereof, may, for the purpose
of
carrying out this section, hold hearings and sit and act at such times
and
places, take such testimony, receive such evidence, and administer
such
oaths as the Commission considers advisable to carry out its duties.

`(B) CONTRACTING- The Commission may, to such extent and in
such
amounts as are provided in appropriation Acts, enter into contracts
to
enable the Commission to discharge its duties under this section.

`(2) INFORMATION FROM FEDERAL AGENCIES-

`(A) IN GENERAL- The Commission may request directly from any
executive department, bureau, agency, board, commission, office,
independent
establishment, or instrumentality of the Government, information,
suggestions, estimates, and statistics for the purposes of this
section. The
head of each such department, bureau, agency, board, commission,
office,
independent establishment, or instrumentality shall, to the extent
practicable and authorized by law, furnish such information,
suggestions,
estimates, and statistics directly to the Commission, upon request
made by
the Chair of the Commission, by the chair of any subcommittee created
by a
majority of the Commission, or by any member designated by a majority
of the
Commission.

`(B) RECEIPT, HANDLING, STORAGE, AND DISSEMINATION- The
Committee and
its staff shall receive, handle, store, and disseminate information in
a
manner consistent with the operative statutes, regulations, and
Executive
orders that govern the handling, storage, and dissemination of such
information at the department, bureau, agency, board, commission,
office,
independent establishment, or instrumentality that responds to the
request.

`(j) Assistance From Federal Agencies-

`(1) GENERAL SERVICES ADMINISTRATION- The Administrator of
General
Services shall provide to the Commission on a reimbursable basis
administrative support and other services for the performance of the
Commission's functions.

`(2) OTHER DEPARTMENTS AND AGENCIES- In addition to the
assistance
required under paragraph (1), departments and agencies of the United
States
may provide to the Commission such services, funds, facilities, and
staff as
they may determine advisable and as may be authorized by law.

`(k) Postal Services- The Commission may use the United States mails
in
the same manner and under the same conditions as departments and
agencies of
the United States.

`(l) Nonapplicability of Federal Advisory Committee Act- The
Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission.

`(m) Public Meetings-

`(1) IN GENERAL- The Commission shall hold public hearings and
meetings
to the extent appropriate.

`(2) PROTECTION OF INFORMATION- Any public hearings of the
Commission
shall be conducted in a manner consistent with the protection of
information
provided to or developed for or by the Commission as required by any
applicable statute, regulation, or Executive order including
subsection
(i)(2)(B).

`(n) Staff of Commission-

`(1) APPOINTMENT AND COMPENSATION- The Chair of the Commission,
in
consultation with the Vice Chair and in accordance with rules adopted
by the
Commission, may appoint and fix the compensation of a staff director
and
such other personnel as may be necessary to enable the Commission to
carry
out its functions, without regard to the provisions of title 5,
United
States Code, governing appointments in the competitive service, and
without
regard to the provisions of chapter 51 and subchapter III of chapter
53 of
such title relating to classification and General Schedule pay rates,
except
that no rate of pay fixed under this subsection may exceed the maximum
rate
of pay for GS-15 under the General Schedule.

`(2) STAFF EXPERTISE- Individuals shall be selected for
appointment as
staff of the Commission on the basis of their expertise in one or more
of
the fields referred to in subsection (e).

`(3) PERSONNEL AS FEDERAL EMPLOYEES-

`(A) IN GENERAL- The executive director and any employees of
the
Commission shall be employees under section 2105 of title 5, United
States
Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of
that
title.

`(B) MEMBERS OF COMMISSION- Subparagraph (A) shall not be
construed to
apply to members of the Commission.

`(4) DETAILEES- Any Federal Government employee may be detailed to
the
Commission without reimbursement from the Commission, and during such
detail
shall retain the rights, status, and privileges of his or her regular
employment without interruption.

`(5) CONSULTANT SERVICES- The Commission may procure the services
of
experts and consultants in accordance with section 3109 of title 5,
United
States Code, but at rates not to exceed the daily rate paid a person
occupying a position at level IV of the Executive Schedule under
section
5315 of title 5, United States Code.

`(6) EMPHASIS ON SECURITY CLEARANCES- The Commission shall make it
a
priority to hire as employees and retain as contractors and detailees
individuals otherwise authorized by this section who have active
security
clearances.

`(o) Commission Personnel Matters-

`(1) COMPENSATION OF MEMBERS- Each member of the Commission who is
not
an employee of the government shall be compensated at a rate not to
exceed
the daily equivalent of the annual rate of basic pay in effect for a
position at level IV of the Executive Schedule under section 5315 of
title
5, United States Code, for each day during which that member is
engaged in
the actual performance of the duties of the Commission.

`(2) TRAVEL EXPENSES- While away from their homes or regular
places of
business in the performance of services for the Commission, members of
the
Commission shall be allowed travel expenses, including per diem in
lieu of
subsistence, at rates authorized for employees of agencies under
subchapter
I of chapter 57 of title 5, United States Code, while away from their
homes
or regular places of business in the performance of services for the
Commission.

`(3) TRAVEL ON ARMED FORCES CONVEYANCES- Members and personnel of
the
Commission may travel on aircraft, vehicles, or other conveyances of
the
Armed Forces of the United States when such travel is necessary in
the
performance of a duty of the Commission, unless the cost of
commercial
transportation is less expensive.

`(4) TREATMENT OF SERVICE FOR PURPOSES OF RETIREMENT BENEFITS- A
member
of the Commission who is an annuitant otherwise covered by section
8344 or
8468 of title 5, United States Code, by reason of membership on the
Commission shall not be subject to the provisions of such section
with
respect to membership on the Commission.

`(5) VACANCIES- A vacancy on the Commission shall not affect its
powers
and shall be filled in the manner in which the original appointment
was
made. The appointment of the replacement member shall be made not
later than
60 days after the date on which the vacancy occurs.

`(p) Security Clearances- The heads of appropriate departments and
agencies of the executive branch shall cooperate with the Commission
to
expeditiously provide Commission members and staff with appropriate
security
clearances to the extent possible under applicable procedures and
requirements.

`(q) Reports-

`(1) FINAL REPORT- Not later than 18 months after the date on
which the
Commission first meets, the Commission shall submit to the President
and
Congress a final report of its findings and conclusions, legislative
recommendations for immediate and long-term countermeasures to
violent
radicalization, homegrown terrorism, and ideologically based violence,
and
measures that can be taken to prevent violent radicalization,
homegrown
terrorism, and ideologically based violence from developing and
spreading
within the United States, and any final recommendations for any
additional
grant programs to support these purposes. The report may also be
accompanied
by a classified annex.

`(2) INTERIM REPORTS- The Commission shall submit to the President
and
Congress--

`(A) by not later than 6 months after the date on which the
Commission
first meets, a first interim report on--

`(i) its findings and conclusions and legislative
recommendations
for the purposes described in paragraph (1); and

`(ii) its recommendations on the feasibility of a grant
program
established and administered by the Secretary for the purpose of
preventing,
disrupting, and mitigating the effects of violent radicalization,
homegrown
terrorism, and ideologically based violence and, if such a program is
feasible, recommendations on how grant funds should be used and
administered; and

`(B) by not later than 6 months after the date on which the
Commission
submits the interim report under subparagraph (A), a second interim
report
on such matters.

`(3) INDIVIDUAL OR DISSENTING VIEWS- Each member of the Commission
may
include in each report under this subsection the individual additional
or
dissenting views of the member.

`(4) PUBLIC AVAILABILITY- The Commission shall release a public
version
of each report required under this subsection.

`(r) Availability of Funding- Amounts made available to the
Commission to
carry out this section shall remain available until the earlier of
the
expenditure of the amounts or the termination of the Commission.

`(s) Termination of Commission- The Commission shall terminate 30
days
after the date on which the Commission submits its final report.


`SEC. 899D. CENTER OF EXCELLENCE FOR THE STUDY OF VIOLENT
RADICALIZATION AND
HOMEGROWN TERRORISM IN THE UNITED STATES.

`(a) Establishment- The Secretary of Homeland Security shall
establish or
designate a university-based Center of Excellence for the Study of
Violent
Radicalization and Homegrown Terrorism in the United States
(hereinafter
referred to as `Center') following the merit-review processes and
procedures
and other limitations that have been previously established for
selecting
and supporting University Programs Centers of Excellence. The Center
shall
assist Federal, State, local and tribal homeland security officials
through
training, education, and research in preventing violent radicalization
and
homegrown terrorism in the United States. In carrying out this
section, the
Secretary may choose to either create a new Center designed
exclusively for
the purpose stated herein or identify and expand an existing
Department of
Homeland Security Center of Excellence so that a working group is
exclusively designated within the existing Center of Excellence to
achieve
the purpose set forth in subsection (b).

`(b) Purpose- It shall be the purpose of the Center to study the
social,
criminal, political, psychological, and economic roots of violent
radicalization and homegrown terrorism in the United States and
methods that
can be utilized by Federal, State, local, and tribal homeland
security
officials to mitigate violent radicalization and homegrown terrorism.

`(c) Activities- In carrying out this section, the Center shall--

`(1) contribute to the establishment of training, written
materials,
information, analytical assistance and professional resources to aid
in
combating violent radicalization and homegrown terrorism;

`(2) utilize theories, methods and data from the social and
behavioral
sciences to better understand the origins, dynamics, and social and
psychological aspects of violent radicalization and homegrown
terrorism;

`(3) conduct research on the motivational factors that lead to
violent
radicalization and homegrown terrorism; and

`(4) coordinate with other academic institutions studying the
effects of
violent radicalization and homegrown terrorism where appropriate.


`SEC. 899E. PREVENTING VIOLENT RADICALIZATION AND HOMEGROWN TERRORISM
THROUGH INTERNATIONAL COOPERATIVE EFFORTS.

`(a) International Effort- The Secretary shall, in cooperation with
the
Department of State, the Attorney General, and other Federal
Government
entities, as appropriate, conduct a survey of methodologies
implemented by
foreign nations to prevent violent radicalization and homegrown
terrorism in
their respective nations.

`(b) Implementation- To the extent that methodologies are
permissible
under the Constitution, the Secretary shall use the results of the
survey as
an aid in developing, in consultation with the Attorney General, a
national
policy in the United States on addressing radicalization and
homegrown
terrorism.

`(c) Reports to Congress- The Secretary shall submit a report to
Congress
that provides--

`(1) a brief description of the foreign partners participating in
the
survey; and

`(2) a description of lessons learned from the results of the
survey and
recommendations implemented through this international outreach.


`SEC. 899F. PROTECTING CIVIL RIGHTS AND CIVIL LIBERTIES WHILE
PREVENTING
IDEOLOGICALLY BASED VIOLENCE AND HOMEGROWN TERRORISM.

`(a) In General- The Department of Homeland Security's efforts to
prevent
ideologically based violence and homegrown terrorism as described
herein
shall not violate the constitutional rights, civil rights, or civil
liberties of United States citizens or lawful permanent residents.

`(b) Commitment to Racial Neutrality- The Secretary shall ensure
that the
activities and operations of the entities created by this subtitle are
in
compliance with the Department of Homeland Security's commitment to
racial
neutrality.

`(c) Auditing Mechanism- The Civil Rights and Civil Liberties
Officer of
the Department of Homeland Security shall develop and implement an
auditing
mechanism to ensure that compliance with this subtitle does not
violate the
constitutional rights, civil rights, or civil liberties of any
racial,
ethnic, or religious group, and shall include the results of audits
under
such mechanism in its annual report to Congress required under
section
705.'.

(b) Clerical Amendment- The table of contents in section 1(b) of
such Act
is amended by inserting at the end of the items relating to title VIII
the
following:


`Subtitle J--Prevention of Violent Radicalization and Homegrown
Terrorism

`Sec. 899A. Definitions.

`Sec. 899B. Findings.

`Sec. 899C. National Commission on the Prevention of Violent
Radicalization and Ideologically Based Violence.

`Sec. 899D. Center of Excellence for the Study of Violent
Radicalization
and Homegrown Terrorism in the United States.

`Sec. 899E. Preventing violent radicalization and homegrown
terrorism
through international cooperative efforts.

`Sec. 899F. Protecting civil rights and civil liberties while
preventing
ideologically based violence and homegrown terrorism.'.

Passed the House of Representatives October 23, 2007.

Attest:

LORRAINE C. MILLER,

Clerk1st SessionH. R. 1955AN ACTTo prevent homegrown terrorism, and
for
other purposes.

.