[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1955 Reported in House (RH)]






                                                 Union Calendar No. 239
110th CONGRESS
  1st Session
                                H. R. 1955

                      [Report No. 110-384, Part I]

        To prevent homegrown terrorism, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 19, 2007

  Ms. Harman (for herself and Mr. Reichert) introduced the following 
bill; which was referred to the Committee on Homeland Security, and in 
    addition to the Committee on the Judiciary, 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

                            October 16, 2007

Additional sponsors: Mr. Dent, Mr. Thompson of Mississippi, Mr. Dicks, 
Mr. Perlmutter, Mr. Langevin, Mr. Carney, Mrs. Christensen, Ms. Clarke, 
Mrs. Lowey, Mr. Al Green of Texas, Mr. Daniel E. Lungren of California, 
               Ms. Zoe Lofgren of California, and Mr. Poe

                            October 16, 2007

   Reported from the Committee on Homeland Security with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                            October 16, 2007

  Committee on the Judiciary discharged; committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed
 [For text of introduced bill, see copy of bill as introduced on April 
                               19, 2007]

_______________________________________________________________________

                                 A BILL


 
        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) The potential rise of self radicalized, unaffiliated 
        terrorists domestically cannot be easily prevented through 
        traditional Federal intelligence or law enforcement efforts, 
        and requires the incorporation of State and local solutions.
            ``(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 and civil liberties of 
        United States citizens and 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 secure 
                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 
                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.--Information shall only be received, 
                handled, stored, and disseminated by members of the 
                Commission and its staff consistent with all applicable 
                statutes, regulations, and Executive orders.
    ``(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.
    ``(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 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 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, and civil liberties of United States citizens and 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 will develop and 
implement an auditing mechanism to ensure that compliance with this 
subtitle does not result in a disproportionate impact, without a 
rational basis, on any particular race, ethnicity, or religion and 
include the results of its audit 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.''.
                                                 Union Calendar No. 239

110th CONGRESS

  1st Session

                               H. R. 1955

                      [Report No. 110-384, Part I]

_______________________________________________________________________

                                 A BILL

        To prevent homegrown terrorism, and for other purposes.

_______________________________________________________________________

                            October 16, 2007

   Reported from the Committee on Homeland Security with an amendment

                            October 16, 2007

  Committee on the Judiciary discharged; committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed