[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5611 Introduced in House (IH)]
<DOC>
114th CONGRESS
2d Session
H. R. 5611
To prevent terrorists from launching attacks and obtaining passports,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 1, 2016
Mr. McCarthy introduced the following bill; which was referred to the
Committee on Homeland Security, and in addition to the Committees on
the Judiciary, and Foreign Affairs, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To prevent terrorists from launching attacks and obtaining passports,
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 ``Homeland Safety and Security Act''.
SEC. 2. AUTHORIZATION OF THE OFFICE FOR PARTNERSHIPS TO PREVENT
TERRORISM OF THE DEPARTMENT OF HOMELAND SECURITY.
(a) Findings.--Congress finds the following:
(1) The preeminent terrorist threats to the United States
are radical Islamist terrorist networks such as al Qaeda, the
Islamic State of Iraq and Syria, and their allies and affiliate
networks, as well as lone-wolf supporters and sympathizers in
the United States and around the world.
(2) Americans are actively being recruited by radical
Islamist terrorism propaganda to support the establishment of a
global caliphate in general and the destruction of the United
States in particular, as well as to repudiate American values.
(3) The present Administration has repeatedly ignored the
threat posed by this ideology.
(4) In recent years 90 people have been killed in radical
Islamist terrorist attacks launched against the United States
homeland.
(b) Authorization.--Title I of the Homeland Security Act of 2002 (6
U.S.C. 101 et seq.) is amended by adding at the end the following new
section:
``SEC. 104. THE OFFICE FOR PARTNERSHIPS TO PREVENT TERRORISM.
``(a) Establishment.--There is in the Department the Office for
Partnerships to Prevent Terrorism. The head of the Office shall be the
Assistant Secretary for Partnerships to Prevent Terrorism, who shall be
appointed by the Secretary. The Secretary shall additionally appoint a
career Deputy Assistant Secretary of the Department to serve as Deputy
Assistant Secretary for Partnerships to Prevent Terrorism.
``(b) Assignment of Personnel.--The Secretary shall assign or hire,
as appropriate, permanent staff for the Office for Partnerships to
Prevent Terrorism. In carrying out this subsection, the Secretary
shall, to the maximum extent practicable, seek to assign to or hire for
the Office an individual who has a demonstrated background in technical
matters, on and offline media, communications, or marketing.
``(c) Support.--The Secretary shall appoint within each appropriate
component and office of the Department, including at a minimum, U.S.
Customs and Border Protection, U.S. Immigration and Customs
Enforcement, United States Citizenship and Immigration Services, the
Office of Privacy, the National Protection and Programs Directorate,
the Office of Civil Rights and Civil Liberties, the Secret Service, and
the Science and Technology Directorate, an individual to serve as
liaison to the Office for Partnerships to Prevent Terrorism.
``(d) Responsibilities.--The Assistant Secretary for Partnerships
to Prevent Terrorism shall be responsible for the following:
``(1) Prioritizing the Department's efforts to prevent
violent extremist activities and radicalization associated with
the threat posed by radical Islamist terrorist networks, and
their recruiting, radicalization, and propaganda.
``(2) Coordinating the Department's activities to counter
radical Islamist terrorism across all the components and
offices of the Department that conduct strategic and supportive
activities. Such activities shall include the following:
``(A) Identifying risk factors that contribute to
radical Islamist terrorism and potential remedies for
use by Government and non-government organizations.
``(B) Identifying populations targeted by radical
Islamist terrorism propaganda, messaging, or
recruitment.
``(C) Managing the outreach and engagement
activities of the Department directed toward
communities at risk for radicalization and recruitment
for radical Islamist terrorism activities.
``(D) Ensuring relevant information, empirically
valid research, and products inform activities to
counter radical Islamist terrorism.
``(E) Identifying and recommending new research and
analysis requirements in consultation with the Under
Secretary for Science and Technology and the Under
Secretary for Intelligence and Analysis and ensuring
the dissemination of information and methods to
Federal, State, local, tribal, and territorial
countering radical Islamist terrorism practitioners,
officials, law enforcement, and non-governmental
partners to utilize such research and analysis
requirements.
``(F) Assessing the methods used by radical
Islamist terrorist entities designated as foreign
terrorist organizations pursuant to section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189) to
disseminate propaganda and messaging to communities at
risk for radicalization and recruitment.
``(3) Establishing a counter-messaging program to craft
strategic counter-messages to the propaganda and messaging
referred to in subparagraph (F) of paragraph (2) which shall--
``(A) explore ways to utilize relevant Internet and
other technologies and social media platforms; and
``(B) maximize other resources available to the
Department, including utilizing hiring authorities
available under law.
``(4) Serving as the primary representative of the
Department in coordinating countering radical Islamist
terrorism activities with other Federal departments and
agencies and non-governmental organizations.
``(5) Serving as the primary Department-level
representative in coordinating with the Secretary of State on
international countering radical Islamist terrorism issues.
``(6) In coordination with the Administrator of the Federal
Emergency Management Agency and the Officer for Civil Rights
and Civil Liberties of the Department, providing guidance
regarding the use of grants made to State, local, tribal, and
territorial governments under sections 2003 and 2004 under the
allowable uses guidelines related to countering radical
Islamist terrorism.
``(7) Coordinating with the Administrator of the Federal
Emergency Management Agency to administer the grant program
under subsection (f).
``(e) Memorandum of Understanding.--The Assistant Secretary for
Partnerships to Prevent Terrorism shall enter into a memorandum of
understanding with the Administrator of the Federal Emergency
Management Agency outlining the roles of the Assistant Secretary and
the Administrator with respect to the administration of grants under
sections 2003 and 2004 related to countering radical Islamist
terrorism.
``(f) Grant Program.--
``(1) Establishment.--The Assistant Secretary for
Partnerships to Prevent Terrorism, in coordination with the
Administrator of the Federal Emergency Management Agency and
the Officer for Civil Rights and Civil Liberties of the
Department, shall establish a grant program for eligible
community groups and organizations to assist such groups and
organizations in establishing counter-messaging campaigns
targeting radical Islamist terrorism.
``(2) Implementation plan.--Not later than 90 days after
the date of the enactment of this section, the Assistant
Secretary for Partnerships to Prevent Terrorism, in
coordination with the Administrator of the Federal Emergency
Management Agency and the Officer for Civil Rights and Civil
Liberties of the Department, shall provide to the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate an implementation plan for the grant program under this
subsection, including eligibility criteria, application
criteria, methodology for awarding grants, and a plan for
monitoring and evaluating grant applications and awards.
``(3) Prohibition.--A community group or organization is
not eligible for a grant under this subsection if such group or
organization has knowingly funded radical Islamist terrorist
activities or organizations known to engage in such activities,
as determined by the Assistant Secretary for Partnerships to
Prevent Terrorism in coordination with the heads of other
relevant Federal departments and agencies.
``(g) Strategy To Counter Radical Islamist Terrorism in the United
States.--
``(1) Strategy.--Not later than 90 days after the date of
the enactment of this section, the Secretary shall submit to
the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a comprehensive Department
strategy to counter radical Islamist terrorism in the United
States.
``(2) Contents of strategy.--The strategy required under
paragraph (1) shall, at a minimum, address each of the
following:
``(A) The Department's counter-messaging program
described in subsection (d)(3), including a plan to
leverage new and existing Internet, digital, and other
technologies and social media platforms to counter
radical Islamist terrorism, as well as the best
practices and lessons learned from other Federal,
State, local, tribal, territorial, non-governmental,
and foreign partners engaged in similar counter-
messaging activities.
``(B) The Department's countering radical Islamist
terrorism-related engagement and outreach activities.
``(C) The use of cooperative agreements with State,
local, tribal, territorial, and other Federal
departments and agencies responsible for activities
relating to countering radical Islamist terrorism.
``(D) Ensuring all activities related to countering
radical Islamist terrorism adhere to relevant
Department and applicable Department of Justice
guidance regarding privacy, civil rights, and civil
liberties, including safeguards against discrimination.
``(E) The development of qualitative and
quantitative outcome-based metrics to evaluate the
Department's programs and policies to counter radical
Islamist terrorism.
``(F) An analysis of the homeland security risk
posed by radical Islamist terrorism based on the threat
environment and empirical data assessing terrorist
activities and incidents, and radical Islamist
terrorist propaganda, messaging, or recruitment.
``(G) Information on the Department's near-term,
mid-term, and long-term risk-based goals for countering
radical Islamist terrorism, reflecting the risk
analysis conducted pursuant to subparagraph (F).
``(3) Strategic considerations.--In drafting the strategy
required under paragraph (1), the Secretary shall consider
including the following:
``(A) The Department's efforts to undertake
research to improve the Department's understanding of
the risk of radical Islamist terrorism and to identify
ways to improve countering radical Islamist terrorism
activities and programs, including outreach, training,
and information sharing programs.
``(B) The opportunities and challenges associated
with the establishment of the counter-messaging program
described in subsection (d)(3) that leverages emerging
and existing social media and Internet platforms to
directly and indirectly counter radical Islamist
terrorist propaganda.
``(C) The Department's nondiscrimination policies,
as such policies relate to countering radical Islamist
terrorism.
``(D) The Department's efforts to help promote
community engagement and partnerships to counter
radical Islamist terrorism in furtherance of such
strategy.
``(E) The Department's efforts to help increase
support for programs and initiatives to counter radical
Islamist terrorism of other Federal, State, local,
tribal, territorial, non-governmental, and foreign
partners that are in furtherance of such strategy, and
which adhere to all relevant constitutional, legal, and
privacy protections.
``(F) The Department's efforts to disseminate to
local law enforcement and the general public
information on resources, such as training guidance,
workshop reports, and the radical Islamist terrorism
threat, through multiple platforms, including the
development of a dedicated Web page, and information
regarding the effectiveness of such efforts.
``(G) The Department's efforts to use cooperative
agreements with State, local, tribal, territorial, and
other Federal departments and agencies responsible for
efforts relating to countering radical Islamist
terrrorism, and information regarding the effectiveness
of such efforts.
``(H) Information on oversight mechanisms and
protections to ensure that activities and programs
undertaken pursuant to such strategy adhere to all
relevant constitutional, legal, and privacy
protections.
``(I) The Department's efforts to conduct oversight
of all countering radical Islamist terrorism training
and training materials and other resources developed or
funded by the Department.
``(J) The Department's efforts to foster
transparency by making, to the extent practicable, all
regulations, guidance, documents, policies, and
training materials publicly available, including
through any Web page developed under subparagraph (F).
``(4) Strategic implementation plan.--Not later than 90
days after the submission of the strategy required under this
subsection, the Secretary shall submit to the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate an implementation plan for each of the components and
offices of the Department with responsibilities under such
strategy. Such implementation plan shall, at a minimum, include
an integrated master schedule and cost estimate for activities
and programs contained in such implementation plan, with
specificity on how each such activity and program aligns with
near-term, mid-term, and long-term goals specified in such
strategy.
``(h) Annual Reports.--The Assistant Secretary for Partnerships to
Prevent Terrorism shall submit to Congress an annual report for each of
the next five fiscal years (beginning in the fiscal year that begins
after the date of the enactment of this section) on the Office for
Partnerships to Prevent Terrorism. Each such report shall include the
following:
``(1) A description of the status of the programs and
policies of the Department for countering radical Islamist
terrorism, including the budget of the Department for
countering radical Islamist terrorism and the number of full-
time employees of the Department dedicated to countering
radical Islamist terrorism programs, as well as the number of
part-time employees of the Department supporting countering
radical Islamist terrorism programs. Each such budget shall
include an accounting of all funding amounts for all
departmental programs, initiatives, and personnel related to
countering radical Islamist terrorism.
``(2) A description of the activities of the Office to
cooperate with and provide assistance to other Federal
departments and agencies.
``(3) The qualitative and quantitative outcome-based
metrics under subparagraph (E) of subsection (g)(2) used for
evaluating the success of such programs and policies and the
steps taken to evaluate the success of such programs and
policies.
``(4) A detailed summary of the organizations with which
the Department conducted outreach to discuss countering radical
Islamist terrorism, an accounting of grants awarded by the
Department to counter radical Islamist terrorism, and an
accounting of all training specifically aimed at countering
radical Islamist terrorism sponsored by the Department.
``(5) Details of the optimal level of personnel and funding
for the Office for Partnerships to Prevent Terrorism.
``(6) An analysis of how the Department's activities to
counter radical Islamist terrorism correspond and adapt to the
threat environment.
``(7) A summary of how civil rights and civil liberties are
protected in the Department's activities to counter radical
Islamist terrorism.
``(8) An evaluation of the grant program under subsection
(f), including information on the effectiveness of such grants
in countering radical Islamist terrorism.
``(9) A description of how the Office incorporated lessons
learned from the countering radical Islamist terrorism programs
and policies of other Foreign departments and agencies, as well
as foreign, State, local, tribal, and territorial governments
and stakeholder communities.
``(i) Violent Extremist Activities Defined.--In this section, the
term `violent extremist activities' means ideologically motivated
international terrorism or domestic terrorism, as such terms are
defined in section 2331 of title 18, United States Code.
``(j) Authorization of Funding.--
``(1) The office for partnerships to prevent terrorism.--
Out of funds made available to the Office of the Secretary,
$4,000,000 is authorized to be used for an the Office for
Partnerships to Prevent Terrorism for each of fiscal years 2017
through 2021.
``(2) Grant program.--Out of funds made available for
emergent threats from radical Islamist terrorism and from
complex, coordinated terrorist attacks, $10,000,000 is
authorized until September 30, 2017, to carry out the grant
program under subsection (f).
``(k) Sunset.--This section shall terminate on September 30, 2021.
``(l) Sense of Congress.--It is the sense of Congress that nothing
in this section should be construed to limit or abridge any rights or
civil liberties under the Constitution of any person.''.
(c) Study Relating to Radicalization and Radical Islamist
Terrorism.--Not later than 120 days after the date of the enactment of
this Act, the Secretary of Homeland Security shall issue a request for
a proposal for a two year peer-reviewed longitudinal study applying
generally accepted social science research methods to aid the
Department of Homeland Security in developing a better understanding of
radicalization that results in radical Islamist terrorism and advancing
evidence-based strategies for effective intervention and prevention.
(d) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item relating to section 103
the following new item:
``Sec. 104. Office for an the Office for Partnerships to Prevent
Terrorism.''.
SEC. 3. EXERCISE ON TERRORIST AND FOREIGN FIGHTER TRAVEL.
(a) In General.--In addition to, or as part of exercise programs
currently carried out by the Department of Homeland Security, to
enhance domestic preparedness for and collective response to terrorism,
promote the dissemination of homeland security information, and test
the security posture of the United States, the Secretary of Homeland
Security, through appropriate offices and components of the Department
and in coordination with the relevant Federal departments and agencies,
shall, not later than one year after the date of the enactment of this
Act, develop and conduct an exercise related to the terrorist and
foreign fighter threat.
(b) Exercise Requirements.--The exercise required under subsection
(a) shall include--
(1) a scenario involving--
(A) persons traveling from the United States to
join or provide material support or resources to a
terrorist organization abroad; and
(B) terrorist infiltration into the United States,
including United States citizens and foreign nationals;
and
(2) coordination with appropriate Federal departments and
agencies, foreign governments, and State, local, tribal,
territorial, and private sector stakeholders.
(c) Report.--Not later than 60 days after the completion of the
exercise required under subsection (a), the Secretary of Homeland
Security shall, consistent with the protection of classified
information, submit an after-action report to the Committee on Homeland
Security of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate presenting the initial
findings of such exercise, including any identified or potential
vulnerabilities in United States defenses and any legislative changes
requested in light of the findings. The report shall be submitted in
unclassified form, but may include a classified annex.
(d) Prohibition on Additional Funding.--No additional funds are
authorized to be appropriated to carry out this section.
(e) Definition.--In this section, the term ``material support or
resources'' has the meaning given such term in section 2339A of title
18, United States Code.
SEC. 4. EMERGING THREATS IN THE NATIONAL EXERCISE PROGRAM.
Subparagraph (A) of section 648(b)(2) of the Post-Katrina Emergency
Management Reform Act of 2006 (6 U.S.C. 748(b)(2)) is amended--
(1) in clause (v), by striking ``and'' at the end; and
(2) by adding after clause (vi) the following new clause:
``(vii) designed, to the extent
practicable, to include exercises addressing
emerging terrorist threats, such as scenarios
involving United States citizens departing the
United States to enlist with or provide
material support or resources to terrorist
organizations abroad or terrorist infiltration
into the United States, including United States
citizens and foreign nationals; and''.
SEC. 5. GRANTING THE ATTORNEY GENERAL THE AUTHORITY TO DENY THE SALE,
DELIVERY, OR TRANSFER OF FIREARMS OR EXPLOSIVES TO KNOWN
OR SUSPECTED TERRORISTS.
(a) In General.--Section 922(t) of title 18, United States Code, is
amended by adding at the end the following:
``(7)(A) When the Attorney General is notified of a request to
transfer a firearm or an explosive to a person who is being, or has
been investigated during the previous 5 years, as a known or suspected
terrorist, the Attorney General shall, as appropriate, notify relevant
Federal, State, or local law enforcement agencies or intelligence
agencies concerning the identity of the prospective transferee.
``(B) Upon being notified of a prospective transfer of a firearm or
an explosive to a person who is being investigated as a known or
suspected terrorist, the Attorney General or the United States attorney
for the district in which the licensee is located may--
``(i) delay the transfer of the firearm or explosive for a
period not to exceed 3 business days; and
``(ii) file an emergency petition in a court of competent
jurisdiction to prohibit the transfer of the firearm or
explosive, which petition shall receive the highest priority on
the docket of that court.
``(C)(i) An emergency petition filed under subparagraph (B) shall
be granted upon a showing of probable cause to believe that the
prospective transferee will commit an act of terrorism, or is
prohibited from possessing or receiving a firearm under subsection (g)
or (n).
``(ii) An emergency petition filed under subparagraph (B) to
prohibit the transfer of a firearm or explosive may be granted only
after a hearing--
``(I) of which the prospective transferee receives actual
notice; and
``(II) at which the prospective transferee has an
opportunity to participate with counsel.
``(iii) In the case of an emergency petition filed under
subparagraph (B) which is denied, the court shall require that the
United States pay the costs and attorney fees of the prospective
transferee.''.
(b) Rule of Construction.--The amendments made by this section do
not preclude the Attorney General from arresting and detaining a
person, including a person described in section 922(t)(7) of title 18,
United States Code, with regard to whom an emergency petition has been
filed under such paragraph, if the Attorney General has probable cause
to believe that the person has committed, conspired to commit, or
attempted to commit an act of terrorism.
SEC. 6. ANNUAL REVIEW OF TERRORIST SCREENING DATABASE.
The Director of the Federal Bureau of Investigation shall, on an
annual basis, review the individuals identified in the terrorist
screening database (as such term is defined in section 2101(10) of the
Homeland Security Act of 2002 (6 U.S.C. 621(10))), and determine
whether each such identification is appropriate.
SEC. 7. DENIAL, LIMITATION, AND REVOCATION OF PASSPORTS AND PASSPORT
CARDS TO INDIVIDUALS AFFILIATED WITH FOREIGN TERRORIST
ORGANIZATIONS.
The Act entitled ``An Act to regulate the issue and validity of
passports, and for other purposes'', approved July 3, 1926 (22 U.S.C.
211a et seq.), commonly known as the ``Passport Act of 1926'', is
amended by adding at the end the following new section:
``SEC. 4. AUTHORITY TO DENY, LIMIT, OR REVOKE PASSPORTS AND PASSPORT
CARDS TO INDIVIDUALS AFFILIATED WITH FOREIGN TERRORIST
ORGANIZATIONS.
``(a) Ineligibility.--
``(1) Issuance.--Except as provided in subsection (b), the
Secretary of State may not issue a passport or passport card to
any individual whom the Secretary has determined--
``(A) is a member of or is otherwise affiliated
with an organization the Secretary has designated as a
foreign terrorist organization pursuant to section 219
of the Immigration and Nationality Act (8 U.S.C. 1189);
or
``(B) has aided, abetted, or provided material
support to such an organization.
``(2) Revocation.--Except as provided in subsection (b),
the Secretary of State shall revoke a passport or passport card
previously issued to any individual described in paragraph (1).
``(b) Exceptions.--
``(1) Emergency circumstances, humanitarian reasons, and
law enforcement purposes.--Notwithstanding paragraphs (1) and
(2) of subsection (a), the Secretary of State may issue or
decline to revoke a passport or passport card, in emergency
circumstances, for humanitarian reasons, or for law enforcement
purposes, to an individual described in paragraph (1) of such
subsection.
``(2) Limitation for return to united states.--
Notwithstanding subsection (a)(2), the Secretary of State,
before revocation, shall--
``(A) limit a previously issued passport or
passport card only for return travel to the United
States; or
``(B) issue a limited passport or passport card
that only permits return travel to the United States.
``(c) Right of Review.--Any person who, in accordance with this
section, is denied issuance of a passport or passport card by the
Secretary of State, or whose passport or passport card is revoked or
otherwise limited by the Secretary of State, may request a hearing
before the Secretary not later than 60 days after receiving notice of
such denial, revocation, or limitation.
``(d) Report.--If the Secretary of State issues, limits, or
declines to revoke a passport or passport card in accordance with
subsection (b), the Secretary shall, not later than 30 days after any
such action, submit to Congress a report on such action.''.
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