[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1955 Engrossed in House (EH)]
110th CONGRESS
1st Session
H. R. 1955
_______________________________________________________________________
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:
Clerk.
110th CONGRESS
1st Session
H. R. 1955
_______________________________________________________________________
AN ACT
To prevent homegrown terrorism, and for other purposes.