Terrorism Prevention Act" (H.R.1955)

110TH CONGRESS

1ST SESSION

To establish the National Commission on the Prevention of Violent

Radicalization and Homegrown Terrorism,and for other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 2,2007

Ms.COLLINS (for herself and Mr.COLEMAN)introduced the following bill;

which was read twice and referred to the Committee on Homeland Secu-

Ms.COLLINS (for herself and Mr.COLEMAN)introduced the following bill;

which was read twice and referred to the Committee on Homeland Secu-

which was read twice and referred to the Committee on Homeland Secu-

rity and Governmental Affairs

which was read twice and referred to the Committee on Homeland Secu-

rity and Governmental Affairs

Ms.COLLINS (for herself and Mr.COLEMAN)introduced the following bill;

which was read twice and referred to the Committee on Homeland Secu-

which was read twice and referred to the Committee on Homeland Secu-

rity and Governmental Affairs

which was read twice and referred to the Committee on Homeland Secu-

rity and Governmental Affairs

To establish the National Commission on the Prevention

of Violent Radicalization and Homegrown Terrorism,and

for other purposes.

This Act may be cited as the ‘‘Violent Radicalization 4

and Homegrown Terrorism Prevention Act of 2007 ’’.5

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SEC. 2. PREVENTION OF VIOLENT RADICALIZATION AND 1

SEC. 2. PREVENTION OF VIOLENT RADICALIZATION AND 1

SEC. 2. PREVENTION OF VIOLENT RADICALIZATION AND 1

(a)IN GENERAL.—Title VIII of the Homeland Secu-3

rity Act of 2002 (6 U.S.C.361 et seq.)is amended by 4

adding at the end the following:5

‘‘In this subtitle:10

‘‘(1)COMMISSION.—The term ‘Commission ’11

means the National Commission on the Prevention 12

of Violent Radicalization and Homegrown Terrorism 13

established under section 899C.14

‘‘(2)VIOLENT RADICALIZATION.—The term 15

‘violent radicalization ’means the process of adopting 16

or promoting an extremist belief system for the pur-17

pose of facilitating ideologically based violence to ad-18

vance political,religious,or social change.19

‘‘(3)HOMEGROWN TERRORISM.—The term 20

‘homegrown terrorism ’means the use,planned use,21

or threatened use,of force or violence by a group or 22

individual born,raised,or based and operating pri-23

marily within the United States or any possession of 24

the United States to intimidate or coerce the United 25

States government,the civilian population of the 26

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United States,or any segment thereof,in further-1

ance of political or social objectives.2

‘‘(4)IDEOLOGICALLY BASED VIOLENCE.—The 3

term ‘ideologically based violence ’means the use,4

planned use,or threatened use of force or violence 5

by a group or individual to promote the group or in-6

dividual ’s political,religious,or social beliefs.7

‘‘The Congress finds the following:9

‘‘(1)The development and implementation of 10

methods and processes that can be used to prevent 11

violent radicalization,homegrown terrorism,and 12

ideologically based violence in the United States is 13

critical to combating domestic terrorism.14

‘‘(2)The promotion of violent radicalization,15

homegrown terrorism,and ideologically based vio-16

lence exists in the United States and poses a threat 17

to homeland security.18

‘‘(3)The Internet has aided in facilitating vio-19

lent radicalization,ideologically based violence,and 20

the homegrown terrorism process in the United 21

States by providing access to broad and constant 22

streams of terrorist-related propaganda to United 23

States citizens.24

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‘‘(4)While the United States must continue its 1

vigilant efforts to combat international terrorism,it 2

must also strengthen efforts to combat the threat 3

posed by homegrown terrorists based and operating 4

within the United States.5

‘‘(5)Understanding the motivational factors 6

that lead to violent radicalization,homegrown ter-7

rorism,and ideologically based violence is a vital 8

step toward eradicating these threats in the United 9

States.10

‘‘(6)The potential rise of self radicalized,unaf-11

filiated terrorists domestically cannot be easily pre-12

vented through traditional Federal intelligence or 13

law enforcement efforts,and requires the incorpora-14

tion of State and local solutions.15

‘‘(7)Individuals prone to violent radicalization,16

homegrown terrorism,and ideologically based vio-17

lence span all races,ethnicities,and religious beliefs,18

and individuals should not be targeted based solely 19

on race,ethnicity,or religion.20

‘‘(8)Any measure taken to prevent violent 21

radicalization,homegrown terrorism,and ideologi-22

cally based violence and homegrown terrorism in the 23

United States should not violate the constitutional 24

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rights,civil rights,or civil liberties of United States 1

citizens and lawful permanent residents.2

‘‘(9)Certain governments,including the Gov-3

ernment of the United Kingdom,the Government of 4

Canada,and the Government of Australia have sig-5

nificant experience with homegrown terrorism and 6

the United States can benefit from lessons learned 7

by those nations.8

‘‘(a)ESTABLISHMENT.—There is established within 12

the legislative branch of the Government the National 13

Commission on the Prevention of Violent Radicalization 14

and Homegrown Terrorism.15

‘‘(b)PURPOSE.—The purposes of the Commission are 16

the following:17

‘‘(1)Examine and report upon the facts and 18

causes of violent radicalization,homegrown ter-19

rorism,and ideologically based violence in the 20

United States,including United States connections 21

to non-United States persons and networks,violent 22

radicalization,homegrown terrorism,and ideologi-23

cally based violence in prison,individual or ‘lone 24

wolf ’violent radicalization,homegrown terrorism,25

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and ideologically based violence,and other faces of 1

the phenomena of violent radicalization,homegrown 2

terrorism,and ideologically based violence that the 3

Commission considers important.4

‘‘(2)The Commission shall,in cooperation with 5

the Department,the Department of State,and other 6

Federal departments and agencies,as appropriate,7

conduct a survey of methodologies implemented by 8

foreign nations to prevent violent radicalization and 9

homegrown terrorism in their respective nations.10

‘‘(3)Build upon and bring together the work of 11

other entities and avoid unnecessary duplication,by 12

reviewing the findings,conclusions,and rec-13

ommendations of —14

‘‘(A)the Center of Excellence established 15

or designated under section 899D,and other 16

academic work,as appropriate;17

‘‘(B)Federal,State,local,or tribal govern-18

ment studies of,reviews of,and experiences 19

with violent radicalization,homegrown ter-20

rorism,and ideologically based violence;and 21

‘‘(C)foreign government studies of,re-22

views of,and experiences with violent 23

radicalization,homegrown terrorism,and ideo-24

logically based violence.25

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‘‘(c)COMPOSITION OF COMMISSION.—The Commis-1

sion shall be composed of 12 members appointed for the 2

life of the Commission,of whom —3

‘‘(1)2 members shall be appointed by the 4

President from among officers or employees of the 5

executive branch and private citizens of the United 6

States;7

‘‘(2)2 members shall be appointed by the ma-8

jority leader of the Senate;9

‘‘(3)1 member shall be appointed by the minor-10

ity leader of the Senate;11

‘‘(4)2 members shall be appointed by the 12

Speaker of the House of Representatives;13

‘‘(5)1 member shall be appointed by the minor-14

ity leader of the House of Representatives;15

‘‘(6)1 member shall be appointed by the Chair-16

man of the Committee on Homeland Security of the 17

House of Representatives;18

‘‘(7)1 member shall be appointed by the rank-19

ing minority member of the Committee on Homeland 20

Security of the House of Representatives;21

‘‘(8)1 member shall be appointed by the Chair-22

man of the Committee on Homeland Security and 23

Governmental Affairs of the Senate;and 24

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‘‘(9)1 member shall be appointed by the rank-1

ing minority member of the Committee on Homeland 2

Security and Governmental Affairs of the Senate.3

‘‘(d)CHAIR AND VICE CHAIR.—The Commission 4

shall elect a Chair and a Vice Chair from among its mem-5

bers.6

‘‘(e)QUALIFICATIONS.—7

‘‘(1)IN GENERAL.—Individuals shall be se-8

lected for appointment to the Commission solely on 9

the basis of their professional qualifications,achieve-10

ments,public stature,experience,and expertise in 11

relevant fields,including behavioral science,constitu-12

tional law,corrections,counterterrorism,cultural an-13

thropology,education,information technology,intel-14

ligence,juvenile justice,local law enforcement,orga-15

nized crime,Islam and other world religions,soci-16

ology,or terrorism.17

‘‘(2)LIMITATION.—Not more than 6 members 18

of the Commission shall be from the same political 19

party.20

‘‘(f)DEADLINE FOR APPOINTMENT.—All members of 21

the Commission shall be appointed not later than 60 days 22

after the date of enactment of this subtitle.23

‘‘(g)QUORUM AND MEETINGS.—The Commission 24

shall meet and begin the operations of the Commission 25

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not later than 30 days after the date on which all members 1

have been appointed or,if such meeting cannot be mutu-2

ally agreed upon,on a date designated by the Speaker of 3

the House of Representatives.Each subsequent meeting 4

shall occur upon the call of the Chair or a majority of 5

its members.A majority of the members of the Commis-6

sion shall constitute a quorum,but a lesser number may 7

hold meetings.8

‘‘(h)POWERS OF COMMISSION.—9

‘‘(1)IN GENERAL.—10

‘‘(A)HEARINGS AND EVIDENCE.—The 11

Commission or,on the authority of the Com-12

mission,any subcommittee or member thereof,13

may,for the purpose of carrying out this sec-14

tion,hold hearings and sit and act at such 15

times and places,take such testimony,receive 16

such evidence,and administer such oaths as the 17

Commission considers advisable to carry out its 18

duties.19

‘‘(B)CONTRACTING.—The Commission 20

may,to such extent and in such amounts as are 21

provided in appropriation Acts,enter into con-22

tracts to enable the Commission to discharge its 23

duties under this section.24

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‘‘(2)INFORMATION FROM FEDERAL AGEN-1

CIES.—2

‘‘(A)IN GENERAL.—The Commission may 3

secure directly from any executive department,4

bureau,agency,board,commission,office,inde-5

pendent establishment,or instrumentality of the 6

Government,information (including classified 7

information),suggestions,estimates,and statis-8

tics for the purposes of this section.The head 9

of each such department,bureau,agency,10

board,commission,office,independent estab-11

lishment,or instrumentality shall,to the extent 12

authorized by law,furnish such information,13

suggestions,estimates,and statistics directly to 14

the Commission,upon request made by the 15

Chair of the Commission,by the chair of any 16

subcommittee created by a majority of the 17

Commission,or by any member designated by a 18

majority of the Commission.19

‘‘(B)ECEIPT,HANDLING,STORAGE,AND 20

DISSEMINATION.—Information shall only be re-21

ceived,handled,stored,and disseminated by 22

members of the Commission and its staff con-23

sistent with all applicable statutes,regulations,24

and Executive orders.25

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‘‘(i)ASSISTANCE FROM FEDERAL AGENCIES.—1

‘‘(1)GENERAL SERVICES ADMINISTRATION.—2

The Administrator of General Services shall provide 3

to the Commission on a reimbursable basis adminis-4

trative support and other services for the perform-5

ance of the Commission ’s functions.6

‘‘(2)OTHER DEPARTMENTS AND AGENCIES.—7

In addition to the assistance required under para-8

graph (1),a Federal department or agency may pro-9

vide to the Commission such services,funds,facili-10

ties,and staff as they may determine advisable and 11

as may be authorized by law.12

‘‘(j)POSTAL SERVICES.—The Commission may use 13

the United States mails in the same manner and under 14

the same conditions as departments and agencies of the 15

United States.16

‘‘(k)NONAPPLICABILITY OF FEDERAL ADVISORY 17

COMMITTEE ACT.—The Federal Advisory Committee Act 18

(5 U.S.C.App.)shall not apply to the Commission.19

‘‘(l)PUBLIC MEETINGS.—20

‘‘(1)IN GENERAL.—The Commission shall hold 21

public hearings and meetings to the extent appro-22

priate.23

‘‘(2)PROTECTION OF INFORMATION.—Any pub-24

lic hearings of the Commission shall be conducted in 25

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a manner consistent with the protection of informa-1

tion provided to or developed for or by the Commis-2

sion as required by any applicable statute,regula-3

tion,or Executive order.4

‘‘(m)STAFF OF COMMISSION.—5

‘‘(1)APPOINTMENT AND COMPENSATION.—The 6

Chair of the Commission,in consultation with the 7

Vice Chair and in accordance with rules adopted by 8

the Commission,may appoint and fix the compensa-9

tion of a staff director and such other personnel as 10

may be necessary to enable the Commission to carry 11

out its functions,without regard to the provisions of 12

title 5,United States Code,governing appointments 13

in the competitive service,and without regard to the 14

provisions of chapter 51 and subchapter III of chap-15

ter 53 of such title relating to classification and 16

General Schedule pay rates,except that no rate of 17

pay fixed under this subsection may exceed the max-18

imum rate of pay for GS –15 under the General 19

Schedule.20

‘‘(2)STAFF EXPERTISE.—Individuals shall be 21

selected for appointment as staff of the Commission 22

on the basis of their expertise in one or more of the 23

fields described in subsection (e)(1).24

‘‘(3)PERSONNEL AS FEDERAL EMPLOYEES.—25

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‘‘(A)IN GENERAL.—The executive director 1

and any employee of the Commission shall be 2

employees under section 2105 of title 5,United 3

States Code,for purposes of chapters 63,81,4

83,84,85,87,89,and 90 of that title.5

‘‘(B)MEMBERS OF COMMISSION.—Sub-6

paragraph (A)shall not be construed to apply 7

to members of the Commission.8

‘‘(4)DETAILEES.—Any Federal employee may 9

be detailed to the Commission without reimburse-10

ment from the Commission,and during such detail 11

shall retain the rights,status,and privileges of the 12

regular employment of such employee without inter-13

ruption.14

‘‘(5)CONSULTANT SERVICES.—The Commis-15

sion may procure the services of experts and consult-16

ants in accordance with section 3109 of title 5,17

United States Code,at rates not to exceed the daily 18

rate paid a person occupying a position at level IV 19

of the Executive Schedule under section 5315 of title 20

5,United States Code.21

‘‘(6)EMPHASIS ON SECURITY CLEARANCES.—22

The Commission shall make it a priority to hire as 23

employees and retain as contractors and detailees in-24

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dividuals otherwise authorized by this section who 1

have active security clearances.2

‘‘(n)COMMISSION PERSONNEL MATTERS.—3

‘‘(1)COMPENSATION OF MEMBERS.—Each 4

member of the Commission who is not an employee 5

of the Government shall be compensated at a rate 6

not to exceed the daily equivalent of the annual rate 7

of basic pay in effect for a position at level IV of 8

the Executive Schedule under section 5315 of title 9

5,United States Code,for each day during which 10

that member is engaged in the actual performance 11

of the duties of the Commission.12

‘‘(2)TRAVEL EXPENSES.—While away from 13

their homes or regular places of business in the per-14

formance of services for the Commission,members 15

of the Commission shall be allowed travel expenses,16

including per diem in lieu of subsistence,at rates 17

authorized for employees of agencies under sub-18

chapter I of chapter 57 of title 5,United States 19

Code,while away from their homes or regular places 20

of business in the performance of services for the 21

Commission.22

‘‘(3)TREATMENT OF SERVICE FOR PURPOSES 23

OF RETIREMENT BENEFITS.—A member of the 24

Commission who is an annuitant otherwise covered 25

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by section 8344 or 8468 of title 5,United States 1

Code,by reason of membership on the Commission 2

shall not be subject to the provisions of such section 3

with respect to membership on the Commission.4

‘‘(4)VACANCIES.—A vacancy on the Commis-5

sion shall not affect its powers and shall be filled in 6

the manner in which the original appointment was 7

made.The appointment of the replacement member 8

shall be made not later than 60 days after the date 9

on which the vacancy occurs.10

‘‘(o)SECURITY CLEARANCES.—The heads of appro-11

priate departments and agencies of the executive branch 12

shall cooperate with the Commission to expeditiously pro-13

vide Commission members and staff with appropriate se-14

curity clearances,to the extent possible under applicable 15

procedures and requirements.16

‘‘(p)EPORTS.—17

‘‘(1)FINAL REPORT.—18

‘‘(A)IN GENERAL.—Not later than 18 19

months after the date on which the Commission 20

first meets,the Commission shall submit to the 21

President and Congress a final report includ-22

ing —23

‘‘(i)its findings and conclusions;24

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‘‘(ii)legislative recommendations 1

for —2

‘‘(I)immediate and long-term 3

countermeasures to violent 4

radicalization,homegrown terrorism,5

and ideologically based violence;and 6

‘‘(II)measures that can be taken 7

to prevent violent radicalization,8

homegrown terrorism,and ideologi-9

cally based violence from developing 10

and spreading within the United 11

States;and 12

‘‘(iii)any final recommendations for 13

any additional grant programs to support 14

these purposes.15

‘‘(B)ANNEX.—The report submitted 16

under subparagraph (A)may include a classi-17

fied annex.18

‘‘(2)INTERIM REPORTS.—The Commission 19

shall submit to the President and Congress —20

‘‘(A)by not later than 6 months after the 21

date on which the Commission first meets,a 22

first interim report on —23

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‘‘(i)its findings and conclusions and 1

legislative recommendations for the pur-2

poses described in paragraph (1)(A);and 3

‘‘(ii)its recommendations on the fea-4

sibility of a grant program established and 5

administered by the Secretary for the pur-6

pose of preventing,disrupting,and miti-7

gating the effects of violent radicalization,8

homegrown terrorism,and ideologically 9

based violence and,if such a program is 10

feasible,recommendations on how grant 11

funds should be used and administered;12

and 13

‘‘(B)by not later than 6 months after the 14

date on which the Commission submits the in-15

terim report under subparagraph (A),a second 16

interim report on the matters described in that 17

subparagraph.18

‘‘(3)INDIVIDUAL OR DISSENTING VIEWS.—19

Each member of the Commission may include in 20

each report under this subsection the individual ad-21

ditional or dissenting views of the member.22

‘‘(4)PUBLIC AVAILABILITY.—The Commission 23

shall release a public version of each report required 24

under this subsection.25

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‘‘(q)AVAILABILITY OF FUNDING.—Amounts made 1

available to the Commission to carry out this section shall 2

remain available until the earlier of the expenditure of the 3

amounts or the termination of the Commission.4

‘‘(r)TERMINATION OF COMMISSION.—The Commis-5

sion shall terminate 30 days after the date on which the 6

Commission submits its final report under subsection (p).7

‘‘(a)ESTABLISHMENT.—11

‘‘(1)IN GENERAL.—The Secretary shall estab-12

lish or designate a university-based Center of Excel-13

lence for the Study of Violent Radicalization and 14

Homegrown Terrorism in the United States (in this 15

section referred to as the ‘Center ’)using merit-re-16

view processes and procedures and other limitations 17

established for designating university-based centers 18

for homeland security under section 308(b)(2)(B).19

The Center shall assist homeland security officials of 20

Federal,State,local,and tribal governments 21

through training,education,and research in pre-22

venting violent radicalization and homegrown ter-23

rorism in the United States.24

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‘‘(2)USE OF EXISTING CENTERS.—In carrying 1

out this section,the Secretary may create a new 2

Center designed exclusively for the purpose described 3

in subsection (b)or identify and expand a univer-4

sity-based center for homeland security of the De-5

partment in existence on the date of enactment of 6

this subtitle by designating a working group within 7

that center to achieve the purpose described in sub-8

section (b).9

‘‘(b)PURPOSE.—It shall be the purpose of the Center 10

to study the social,criminal,political,psychological,and 11

economic roots of violent radicalization and homegrown 12

terrorism in the United States and methods that can be 13

used by homeland security officials of Federal,State,14

local,and tribal governments to mitigate violent 15

radicalization and homegrown terrorism.16

‘‘(c)ACTIVITIES.—In carrying out this section,the 17

Center shall —18

‘‘(1)contribute to the establishment of training,19

written materials,information,analytical assistance 20

and professional resources to aid in combating vio-21

lent radicalization and homegrown terrorism;22

‘‘(2)use theories,methods and data from the 23

social and behavioral sciences to better understand 24

the origins,dynamics,and social and psychological 25

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aspects of violent radicalization and homegrown ter-1

rorism;2

‘‘(3)conduct research on the motivational fac-3

tors that lead to violent radicalization and home-4

grown terrorism;and 5

‘‘(4)coordinate with other academic institutions 6

studying the effects of violent radicalization and 7

homegrown terrorism,where appropriate.8

‘‘(a)IN GENERAL.—In carrying out this subtitle,the 13

Secretary shall ensure that the efforts of the Department 14

to prevent ideologically based violence and homegrown ter-15

rorism as described in this subtitle do not violate the con-16

stitutional rights,civil rights,and civil liberties of United 17

States citizens and lawful permanent residents.18

‘‘(b)COMMITMENT TO ACIAL NEUTRALITY.—The 19

Secretary shall ensure that the activities and operations 20

of the entities created by this subtitle are in compliance 21

with the commitment of the Department to racial neu-22

trality.23

‘‘(c)AUDITING MECHANISM.—The Civil Rights and 24

Civil Liberties Officer of the Department shall develop and 25

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implement an auditing mechanism to ensure that compli-1

ance with this subtitle does not result in a dispropor-2

tionate impact,without a rational basis,on any particular 3

race,ethnicity,or religion and include the results of its 4

audit in its annual report to Congress required under sec-5

tion 705.’’.6

(b)CLERICAL AMENDMENT.—The table of contents 7

in section 1(b)of such Act is amended by inserting after 8

the item relating to section 899 the following:9

‘‘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.Protecting civil rights and civil liberties while preventing ideologi-

cally based violence and homegrown terrorism.’’.

Æ

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