Short title

This Act may be cited as the Balkan Counter-Extremism and Security Act.

Findings

Congress finds the following: (1)The National Commission on Terrorist Attacks Upon the United States, also referred to as the 9/11 Commission, found the region of Central and Eastern Europe to be potentially vulnerable to terrorists. (2)In 1996, the Central Intelligence Agency issued a report which identified approximately 16 Islamic charities in countries of the Balkan region that were connected to Islamist extremist organizations such as al-Qaeda, the Egyptian Jamaah al-Islamiyah, Hamas, and Hezbollah. (3)In 1999, the Saudi Joint Relief Committee for the Relief of Kosovo and Chechnya (SJCRKC) reportedly brought to Kosovo almost 400 missionaries of the Wahhabi interpretation of Islam. (4)The United States Department of State listed the organization known as the Active Islamic Youth (AIO), as a terrorist organization in 2001, and that organization is reported to be active in Bosnia-Herzegovina and several other European countries. (5)The Benevolence International Foundation charity, which in 2002 was listed as a front for terrorist financing by the United States Department of the Treasury, was headquartered in Croatia and highlighted in its documentation that its mission was to provide humanitarian aid and assistance to the Jihad in Bosnia-Herzegovina, and urged people to contribute to your brothers in order to block the Jewish-Crusader assault on Islamic soil. (6)In June 2004, the Egyptian Islamic Jihad claimed that it had individuals working for three Islamic charities in Albania, including the al-Haramain Islamic Foundation and the Revival of Islamic Heritage Society. (7)The United States Department of State’s 2005 Annual Country Report on Terrorism stated that Bosnia and Herzegovina’s State Border Service did not fully control all border crossing points and that many official border posts were understaffed, and also that the service lacked the funds, resources, and qualified personnel necessary to be effective. (8)The International Crisis Group research organization reported on April 8, 2005, that there are believed to be extremists of the Wahhabi interpretation of Islam now residing in the Sandzak region of Serbia. (9)In March 2006, a special Bosnian Government investigatory commission known as Oslobodjenje revoked the fraudulent citizenship of over 600 naturalized Bosnians who had not met either of the two criteria for Bosnian citizenship: presence in Bosnia or documentation to show a connection to Bosnia. (10)The actions taken by the Bosnian investigatory commission included the revocation of a passport that had been issued to Osama bin Laden, leader of the al-Qaeda terrorist organization. (11)The United States Department of State’s 2007 Annual Country Report on Terrorism stated that, As a result of weak interagency communication, competing security structures, and political interference in law enforcement, Bosnia is vulnerable to exploitation as a potential staging ground for terrorist operations in Europe.. (12)In March 2007, Bosnian police found weapons in an apartment occupied by a group that had planned to blow up the British Embassy in Sarajevo. (13)On March 19, 2007, Serbian police reportedly raided a camp near the town of Novi Pazar in the Sandzak region of Serbia suspected of being used by extremists and discovered weapons, ammunition, and explosives with detonators. (14)According to various reports, including those in Shaul Shay’s 2007 book entitled, Terrorism in the Balkans, 75 percent of the drugs smuggled into Europe transit the countries of the Balkan region and profits from drugs trafficked through parts of the region have bankrolled global terrorist groups such as Hezbollah and Islamic Jihad. (15)In May 2007, six Kosovar Albanians residing illegally in the United States were arrested and subsequently convicted for plotting to use automatic weapons to kill United States soldiers at the Fort Dix Army Base in New Jersey. (16)Several moderate Bosnian Islamic leaders have issued stern warnings to extremist groups in that country. In May 2007, Mustafa Ceric, the leading Islamic cleric in Bosnia, stated in response to demands by some Wahhabi groups that Bosnian Muslims follow their extremist ideology that, The Islamic Community regulations rule here. Those who cannot accept this did not have to come here and don’t need to stay.. (17)In June 2007, the Albanian newspaper, Shqip, reported that a Wahhabi sect within the Islamic Community in Albania benefitted from monthly salaries paid for dressing and behaving in accordance with Wahhabi fundamentalism. (18)In 2007, the North Atlantic Treaty Organization (NATO) Commander in Bosnia, General John Sylvestar, stated, In fact, there are international terrorist organizations which have individuals in Bosnia, including al Qaeda. What we have to determine is whether or not the individuals involved are here for the purpose of planning operations, or are here for something else, being supported, being provided documentation, seeking respite or whatever. (19)In August 2007, Mr. Raffi Gregorian, a senior United States diplomat in Bosnia, stated that the al-Qaeda terrorist organization was using Bosnia as a transit point, and utilized supporters among former Islamic fighters who had arrived to fight in the Balkans during the Bosnian war in the 1990s, and later remained under fraudulently obtained citizenship papers. (20)In January 2008, former Deputy High Representative and former chief of the United Nations police mission in Bosnia, Mr. Jacques Paul Klein, said, I know that there are al Qaeda cells … in Bosnia …. (21)Two insurgents who were killed when they joined in a January 2008 attack on coalition forces in Iraq were found to have carried Bosnian passports. (22)In May 2008, the Imam Bekir Halimi of the Former Yugoslav Republic of Macedonia was arrested for facilitating illegal funding by a pro-terrorist organization. Since January 2007, Halimi had allegedly been receiving over 4.5 million Euros per year through monthly payments from the Kuwaiti Organization known as the Revival Islamic Heritage Society, which was designated as a front for terrorist financing by both the United States Department of the Treasury and the United Nations in January 2002. (23)On January 28, 2009, Svetlana Lukic, the B92 radio station host of the popular liberal talk show “Hourglass” which advocates for democratic reforms in Serbia, reported that extremist Serbian ultranationalist groups had hacked into the show’s website, vandalized her car, broken into the radio station and physically attacked the participants on her panels, claiming that the program was anti-Serb. (24)On February 28, 2009, the Serbian Human and Minority Rights Ministry announced its request that the Serbian Prosecutor’s Office investigate the constitutionality of an extremist group called Obraz that was listed in 2005 by the Serbian Interior Ministry as a clero-fascist organization and had posted on its website a list of perceived enemies, including Zionists, Ustasha, Muslim extremists, and Shiptar terrorists and issued violent rallying calls that Serb enemies will be eradicated and punished. (25)The Bosnian government lacks the capacity to adequately monitor individuals awaiting deportation, even while they are in prison, as was demonstrated in the case of Tunisian-born former Islamist fighter Kamel bin Ali (also known as Abu Hamza), who was imprisoned in 2008 for armed robbery and domestic violence, was due to be deported at the end of his sentence because the government had determined that his citizenship was fraudulent and that bin Ali was a threat to national security, was given a good behavior short term holiday from prison and then had failed to return as scheduled on July 31, 2009, spurring a country-wide police hunt resulting in his re-arrest in Zenica on August 8, 2009. (26)On September 22, 2009, in response to certain ultra-nationalist extremist groups that incited violent attacks at football matches which resulted in the death of one French national and the hospitalization of several others, the Serbian Government announced it would investigate and outlaw extremist organizations, as Serbian President Boris Tadic stated, All extremists, left or right, will be tried before our courts.. (27)On October 13, 2009, Albanian authorities arrested imam Artan Kristo, aka Muhamed Abdullah (who had worked in 2002 for the El-Haramain Foundation which had been listed on the United States Department of State’s Terrorist Watch List for its alleged ties to al-Qaeda) on charges of publically inciting and propagating terrorist acts and for calling for jihad in an online forum. (28)It has been reported that the Islamic missionary group Tablighi Jamaat or Group of Preachers, which has been linked to people who have committed terrorist offenses, such as John Walker Lindh, Richard Reid, and Zacarias Moussaoui, has been increasingly active in the Former Yugoslav Republic of Macedonia. (29)Extremist movements in the countries of the Balkan region pose a threat to the security of all moderate people in the region who support the ideals of freedom, democracy, tolerance, and the rule of law.

Sense of Congress

It is the sense of Congress that— (1)the countries of the Balkan region face challenges presented by the presence of extremist groups; (2)vulnerabilities in governance structures and the enforcement of the rule of law in many of the countries of the Balkan region have allowed extremism to take root there; (3)the United States, the European Union and its Member States, and the Republic of Turkey should coordinate their efforts to combat extremism in the countries of the Balkan region, with the European Union taking the lead in assisting the countries of the Balkan region to strengthen their law enforcement and border security capabilities; and (4)the Secretary of State should seek agreements with the governments of the countries of the Balkan region under which such governments would work in partnership with the United States to strengthen their efforts to combat extremism, terrorism, and illicit activities that may provide financial and operational support to extremism and terrorism movements.

Statement of policy

It shall be the policy of the United States to— (1)to continue to provide assistance to the countries of the Balkan region through previously authorized counter-terrorism, counter-drug, border security, and law enforcement assistance programs; (2)prohibit travel to the United States by any individuals who incite and recruit people of the Balkan region to engage in violent jihad or to commit acts of terrorism; and (3)encourage and support all countries of the Balkan region to— (A)ratify and fully implement the commitments included in the United Nations International Convention for the Suppression of the Financing of Terrorism (1999); (B)adhere to the United Nations Security Council Resolution 1373 (2005), regarding the prohibition of incitement to commit a terrorist act or acts; (C)adhere to the standards contained in the Financial Action Task Force’s (FATF’s) 40 Recommendations and 9 Special Recommendations, particularly in the areas of policing donations to charitable fronts for terrorist organizations; and (D)ratify and fully implement the Council of Europe’s Warsaw Convention on the Prevention of Terrorism.

Assistance to counter militant extremist activities in the Balkan region

(a)

Assistance authorized

The President is authorized to provide assistance to countries of the Balkan region to facilitate cooperation between the United States and such countries on counter-extremism and counter-terrorism efforts. Such assistance shall be made available in addition to assistance otherwise provided under chapter 8 of part I and chapter 8 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2291 et seq. and 2349aa et seq.). (b)

Purposes of assistance

Assistance under this section shall be provided as an incentive for countries of the Balkan region to more actively cooperate with the United States to achieve the purposes specified in section 572 of the Foreign Assistance Act of 1961 (22 U.S.C. 2349aa–1). (c)

Terms and conditions

Funds made available for assistance under this section to countries of the Balkan region shall be provided as follows: (1)

Tier I countries

(A)

In general

A country that meets the requirements of subparagraph (B) shall be eligible to receive an allocation of funds under this section in an amount equal to 25 percent of the total amount of funds provided to the country in the prior fiscal year under chapter 8 of part I and chapter 8 of part II of the Foreign Assistance Act of 1961. Such a country shall be known as a Tier I country for purposes of this section. (B)

Requirements

The requirements of this subparagraph are the following: (i)The country, in conjunction with the United States Department of State’s Office of the Coordinator for Counterterrorism, shall conduct a review of its counter-terrorism infrastructure, including a review of— (I)the foundation of the country’s laws for the adequate criminalization of incitement to violent extremist acts and terrorist activities; (II)anti-radicalization outreach efforts; (III)law enforcement training and effectiveness; (IV)independent and consistent judicial processes; and (V)border security. (ii)The country shall sign a Memorandum of Understanding with the United States to establish country-specific counter-terrorism program benchmarks based on recommendations derived from the review required under clause (i). (2)

Tier II countries

(A)

In general

A country that meets the requirements of subparagraph (B) shall be eligible to receive an allocation of funds under this section in an amount equal to 50 percent of the total amount of funds provided to the country in the prior fiscal year under chapter 8 of part I and chapter 8 of part II of the Foreign Assistance Act of 1961. Such a country shall be known as a Tier II country for purposes of this section. (B)

Requirements

The requirements of this subparagraph are the following: (i)The country shall meet the requirements applicable to a Tier I country under paragraph (1). (ii)The country shall be certified by the United States Department of State that it has continued to meet the requirements of the Memorandum of Understanding described in paragraph (1)(B)(ii) and has implemented fully the initial stage of reforms as identified in the Memorandum of Understanding. (iii)The country shall be certified by the United States Department of State as fully cooperating with any appropriate war crimes tribunals. (3)

Tier III countries

(A)

In general

A country that meets the requirements of subparagraph (B) shall be eligible to receive an allocation of funds under this section in an amount equal to 100 percent of the total amount of funds provided to the country in the prior fiscal year under chapter 8 of part I and chapter 8 of part II of the Foreign Assistance Act of 1961. Such a country shall be known as a Tier III country for purposes of this section. (B)

Requirements

The requirements of this subparagraph are that the country shall be certified by the United States Department of State that it has implemented fully the final stage of reforms as identified in the Memorandum of Understanding described in paragraph (1)(B)(ii).

Report

(a)

Report required

Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit to the appropriate congressional committees a report on the status of extremist and terrorist organizations and movements in the countries of the Balkan region, and the capacity of countries of the Balkan region to address such extremist and terrorist organizations and movements. (b)

Matters To be included

The report required under subsection (a) shall specifically address the following: (1)Any trend toward increased extremist influence over the people of the Balkan region, including any indications of a spread of extremist influence over the people of the Balkan region through the financing of religious institutions and the establishment of scholarships to study abroad by countries and organizations outside the Balkan region. (2)The capability of countries of the Balkan region to properly secure their borders against arms proliferation, human trafficking, and drug smuggling. (3)The capability of the countries of the Balkan region to maintain appropriate controls over citizenship and official documentation for the citizens of such countries. (4)A summary of funding amounts and a description of associated programs for United States assistance made available to combat terrorism in each of the countries of the Balkan region. (5)A summary of funding amounts and a description of associated programs for assistance provided by the European Union and its Member-States and the Republic of Turkey to the countries of the Balkan region to combat the rise of extremism and improve the capacities of such countries to secure their borders, properly enforce laws, and take other steps to combat financing of extremists and their operations. (6)A summary of efforts by the United States, the European Union and its Member-States, and the Republic of Turkey to coordinate their assistance and programs described in paragraphs (4) and (5) toward the objectives of this Act. (c)

Form

The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex if necessary.

Definitions

In this Act: (1)

Appropriate congressional committees

The term appropriate congressional committees means— (A)the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (B)the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (2)

Countries of the Balkan region

The term countries of the Balkan region means Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Kosovo, Macedonia (Former Yugoslav Republic of Macedonia), Montenegro, Romania, and Serbia.

Authorization of appropriations

(a)

International narcotics control assistance

There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2011 through 2015 to carry out the provisions of chapter 8 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2291 et seq.) for programs and activities in the countries of the Balkan region in support of the objectives of this Act. (b)

Antiterrorism assistance

There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2011 through 2015 to carry out the provisions of chapter 8 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2349aa et seq.) for programs and activities in the countries of the Balkan region in support of the objectives of this Act. (c)

Assistance To promote counter-Extremism and counter-Terrorism

(1)

In general

There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2011 through 2015 to carry out the provisions of section 5 of this Act. (2)

Availability

Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) for a fiscal year are authorized to remain available through September 30 of the succeeding fiscal year. Such amounts that are unobligated beginning on October 1 of the succeeding fiscal year are authorized to be made available to carry out the provisions of chapter 8 of part I and chapter 8 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2291 et seq. and 2349aa et seq.) for programs and activities in the countries of the Balkan region in support of the objectives of this Act.

Temporary increase in fee for certain consular services in countries of the Balkan region

(a)

In general

Notwithstanding any other provision of law, not later than 120 days after the date of the enactment of this Act, the Secretary of State shall increase by $1.00 the fee or surcharge assessed under section 140(a) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–236; 8 U.S.C. 1351 note) over the amount of such fee or surcharge as of such date for processing nonimmigrant visas for applicants from countries of the Balkan region. (b)

Deposit of amounts

Notwithstanding section 140(a)(2) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, the additional amount collected pursuant to the fee increase under subsection (a) shall be deposited in the Treasury of the United States. (c)

Duration of increase

The fee increase authorized under subsection (a) shall terminate on January 1, 2015.