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From here on November 16, 2007:
http://www.govtrack.us/congress/billtext.xpd?bill=h110-1955
and here:
http://thomas.loc.gov/cgi-bin/bdquery/z?d110:h1955:
H.R. 1955: Violent Radicalization and Homegrown Terrorism Prevention Act of 2007
Introduced April 19, 2007
Sponsor: Rep Jane Harman (D-CA)
Status [as of November 15, 2007] Passed the House (bipartisan support)
Referred in Senate: This is the text of the bill after moving from the House to the Senate before being considered by Senate committees.
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.
_______________________________________