[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2522 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  2d Session
                                S. 2522

  To amend the Homeland Security Act of 2002 to build partnerships to 
                    prevent violence by extremists.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 9, 2016

  Mr. Carper introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
  To amend the Homeland Security Act of 2002 to build partnerships to 
                    prevent violence by extremists.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. AUTHORIZATION OF THE OFFICE FOR PARTNERSHIPS AGAINST VIOLENT 
              EXTREMISM OF THE DEPARTMENT OF HOMELAND SECURITY.

    (a) In General.--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:

``SEC. 104. OFFICE FOR PARTNERSHIPS AGAINST VIOLENT EXTREMISM.

    ``(a) Definitions.--In this section--
            ``(1) the term `countering violent extremism' means 
        proactive and relevant actions to counter efforts by extremists 
        to radicalize, recruit, and mobilize followers to violence and 
        to address the conditions that allow for violent extremist 
        recruitment and radicalization; and
            ``(2) the term `violent extremism' means ideologically 
        motivated international terrorism or domestic terrorism, as 
        those terms are defined in section 2331 of title 18, United 
        States Code.
    ``(b) Establishment.--There is in the Department an Office for 
Partnerships Against Violent Extremism.
    ``(c) Head of Office.--The Office for Partnerships Against Violent 
Extremism shall be headed by an Assistant Secretary for Partnerships 
Against Violent Extremism, who shall be designated by the Secretary and 
report directly to the Secretary.
    ``(d) Deputy Assistant Secretary; Assignment of Personnel.--The 
Secretary shall--
            ``(1) designate a career Deputy Assistant Secretary for 
        Partnerships Against Violent Extremism; and
            ``(2) assign or hire, as appropriate, permanent staff to 
        the Office for Partnerships Against Violent Extremism.
    ``(e) Responsibilities.--
            ``(1) In general.--The Assistant Secretary for Partnerships 
        Against Violent Extremism shall be responsible for the 
        following:
                    ``(A) Leading the efforts of the Department to 
                counter violent extremism across all the components and 
                offices of the Department that conduct strategic and 
                supportive efforts to counter violent extremism. Such 
                efforts shall include the following:
                            ``(i) Partnering with communities to 
                        address vulnerabilities that can be exploited 
                        by violent extremists in the United States and 
                        explore potential remedies for Government and 
                        nongovernment institutions.
                            ``(ii) Working with civil society groups 
                        and communities to counter violent extremist 
                        propaganda, messaging, or recruitment.
                            ``(iii) In coordination with the Office for 
                        Civil Rights and Civil Liberties of the 
                        Department, managing the outreach and 
                        engagement efforts of the Department directed 
                        toward communities at risk for radicalization 
                        and recruitment for violent extremist 
                        activities.
                            ``(iv) Ensuring relevant information, 
                        research, and products inform efforts to 
                        counter violent extremism.
                            ``(v) Developing and maintaining 
                        Department-wide strategy, plans, policies, and 
                        programs to counter violent extremism. Such 
                        plans shall, at a minimum, address each of the 
                        following:
                                    ``(I) The Department's plan to 
                                leverage new and existing Internet and 
                                other technologies and social media 
                                platforms to improve nongovernment 
                                efforts to counter violent extremism, 
                                as well as the best practices and 
                                lessons learned from other Federal, 
                                State, local, tribal, territorial, and 
                                foreign partners engaged in similar 
                                counter-messaging efforts.
                                    ``(II) The Department's countering 
                                violent extremism-related engagement 
                                efforts.
                                    ``(III) The use of cooperative 
                                agreements with State, local, tribal, 
                                territorial, and other Federal 
                                departments and agencies responsible 
                                for efforts relating to countering 
                                violent extremism.
                            ``(vi) Coordinating with the Office for 
                        Civil Rights and Civil Liberties of the 
                        Department to ensure all of the activities of 
                        the Department related to countering violent 
                        extremism fully respect the privacy, civil 
                        rights, and civil liberties of all persons.
                            ``(vii) In coordination with the Under 
                        Secretary for Science and Technology and in 
                        consultation with the Under Secretary for 
                        Intelligence and Analysis, identifying and 
                        recommending new empirical research and 
                        analysis requirements to ensure the 
                        dissemination of information and methods for 
                        Federal, State, local, tribal, and territorial 
                        countering violent extremism practitioners, 
                        officials, law enforcement, and nongovernmental 
                        partners to utilize such research and analysis.
                            ``(viii) Assessing the methods used by 
                        violent extremists to disseminate propaganda 
                        and messaging to communities at risk for 
                        recruitment by violent extremists.
                    ``(B) Developing a digital engagement strategy that 
                expands the outreach efforts of the Department to 
                counter violent extremist messaging by--
                            ``(i) exploring ways to utilize relevant 
                        Internet and other technologies and social 
                        media platforms; and
                            ``(ii) maximizing other resources available 
                        to the Department.
                    ``(C) Serving as the primary representative of the 
                Department in coordinating countering violent extremism 
                efforts with other Federal departments and agencies and 
                nongovernmental organizations.
                    ``(D) Serving as the primary Department-level 
                representative in coordinating with the Department of 
                State on international countering violent extremism 
                issues.
                    ``(E) In coordination with the Administrator of the 
                Federal Emergency Management Agency, providing guidance 
                regarding the use of grants made to State, local, and 
                tribal governments under sections 2003 and 2004 under 
                the allowable uses guidelines related to countering 
                violent extremism.
                    ``(F) Developing a plan to expand philanthropic 
                support for domestic efforts related to countering 
                violent extremism, including by identifying viable 
                community projects and needs for possible philanthropic 
                support.
                    ``(G) Administering the assistance described in 
                subsection (f).
            ``(2) Communities at risk.--For purposes of this 
        subsection, the term `communities at risk' shall not include a 
        community that is determined to be at risk solely on the basis 
        of race, religious affiliation, or ethnicity.
    ``(f) Grants To Counter Violent Extremism.--
            ``(1) Establishment.--The Assistant Secretary for 
        Partnerships Against Violent Extremism, 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 those groups and 
        organizations in establishing counter-messaging campaigns 
        targeting violent extremism and to strengthen community 
        programs to counter violent extremism.
            ``(2) Implementation plan.--Not later than 90 days after 
        the date of enactment of this section, the Assistant Secretary 
        for Partnerships Against Violent Extremism, 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 and Governmental Affairs of the Senate and the 
        Committee on Homeland Security of the House of Representatives 
        an implementation plan for the grant program established under 
        this subsection, including eligibility criteria, application 
        criteria, a 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 the group or 
        organization has knowingly funded violent extremist activities 
        or organizations known to engage in such activities, as 
        determined by the Assistant Secretary for Partnerships Against 
        Violent Extremism, in coordination with the heads of other 
        relevant Federal departments and agencies.
    ``(g) Strategy To Counter Violent Extremism in the United States.--
            ``(1) Strategy.--Not later than 90 days after the date of 
        enactment of this section, the Secretary shall submit to the 
        Committee on Homeland Security and Governmental Affairs and the 
        Committee on the Judiciary of the Senate and the Committee on 
        Homeland Security and the Committee on the Judiciary of the 
        House of Representatives a comprehensive Department strategy to 
        counter violent extremism 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 digital engagement effort, 
                including a plan to leverage new and existing Internet, 
                digital, and other technologies and social media 
                platforms to counter violent extremism, as well as the 
                best practices and lessons learned from other Federal, 
                State, local, tribal, territorial, nongovernmental, and 
                foreign partners engaged in similar counter-messaging 
                activities.
                    ``(B) The Department's countering violent 
                extremism-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 violent extremism.
                    ``(D) Ensuring all activities related to countering 
                violent extremism 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 violent 
                extremism.
                    ``(F) An analysis of the homeland security risk 
                posed by violent extremism based on the threat 
                environment and empirical data assessing terrorist 
                activities and incidents, and violent extremist 
                propaganda, messaging, or recruitment.
                    ``(G) Information on the Department's near-term, 
                mid-term, and long-term risk-based goals for countering 
                violent extremism, reflecting the risk analysis 
                conducted under subparagraph (F).
            ``(3) Strategic considerations.--In drafting the strategy 
        required under paragraph (1), the Secretary shall consider 
        including the following:
                    ``(A) Departmental efforts to undertake research to 
                improve the Department's understanding of the risk of 
                violent extremism and to identify ways to improve 
                countering violent extremism activities and programs, 
                including outreach, training, and information sharing 
                programs.
                    ``(B) The opportunities and challenges associated 
                with the establishment of the grant program under 
                subsection (f) that leverages emerging and existing 
                social media and Internet platforms to directly and 
                indirectly counter violent extremist propaganda.
                    ``(C) The Department's nondiscrimination policies 
                as they relate to countering violent extremism.
                    ``(D) Departmental efforts to help promote 
                community engagement and partnerships to counter 
                violent extremism in furtherance of the strategy.
                    ``(E) Departmental efforts to help increase support 
                for programs and initiatives to counter violent 
                extremism of other Federal, State, local, tribal, 
                territorial, nongovernmental, and foreign partners that 
                are in furtherance of the strategy, and which adhere to 
                all relevant constitutional, legal, and privacy 
                protections.
                    ``(F) Departmental efforts to disseminate to local 
                law enforcement and the general public information on 
                resources, such as training guidance, workshop reports, 
                and the violent extremist threat, through multiple 
                platforms, including the development of a dedicated 
                webpage, and information regarding the effectiveness of 
                those efforts.
                    ``(G) Departmental efforts to use cooperative 
                agreements with State, local, tribal, territorial, and 
                other Federal departments and agencies responsible for 
                efforts relating to countering violent extremism, and 
                information regarding the effectiveness of those 
                efforts.
                    ``(H) Information on oversight mechanisms and 
                protections to ensure that activities and programs 
                undertaken pursuant to the strategy adhere to all 
                relevant constitutional, legal, and privacy 
                protections.
                    ``(I) Departmental efforts to conduct oversight of 
                all countering violent extremism training and training 
                materials and other resources developed or funded by 
                the Department.
                    ``(J) Departmental efforts to foster transparency 
                by making, to the extent practicable, all regulations, 
                guidance, documents, policies, and training materials 
                publicly available, including through any webpage 
                developed under subparagraph (F).
            ``(4) Strategic implementation plan.--
                    ``(A) In general.--Not later than 90 days after the 
                date on which the Secretary submits the strategy 
                required under paragraph (1), the Secretary shall 
                submit to the Committee on Homeland Security and 
                Governmental Affairs and the Committee on the Judiciary 
                of the Senate and the Committee on Homeland Security 
                and the Committee on the Judiciary of the House of 
                Representatives an implementation plan for each of the 
                components and offices of the Department with 
                responsibilities under the strategy.
                    ``(B) Contents.--The implementation plan required 
                under subparagraph (A) shall include an integrated 
                master schedule and cost estimate for activities and 
                programs contained in the implementation plan, with 
                specificity on how each such activity and program 
                aligns with near-term, mid-term, and long-term goals 
                specified in the strategy required under paragraph (1).
    ``(h) Annual Report.--Beginning in the first fiscal year beginning 
after the date of enactment of this section, and in each of the next 5 
fiscal years, the Assistant Secretary for Partnerships Against Violent 
Extremism shall submit to Congress an annual report on the Office for 
Partnerships Against Violent Extremism, which shall include the 
following:
            ``(1) A description of the status of the programs and 
        policies of the Department for countering violent extremism in 
        the United States, including the budget of the Department for 
        countering violent extremism and the number of full-time 
        employees dedicated to countering violent extremism programs, 
        as well as the number of part-time employees supporting 
        countering violent extremism programs. Each such budget shall 
        include an accounting of all funding amounts for all 
        departmental programs, initiatives, and personnel related to 
        countering violent extremism.
            ``(2) A description of the efforts of the Office for 
        Partnerships Against Violent Extremism to cooperate with and 
        provide assistance to other Federal departments and agencies.
            ``(3) Qualitative and quantitative metrics for evaluating 
        the success of such programs and policies and the steps taken 
        to evaluate the success of such programs and policies.
            ``(4) An accounting of grants awarded by the Department to 
        counter violent extremism, and an accounting of all training 
        specifically aimed at countering violent extremism sponsored by 
        the Department.
            ``(5) Details of the optimal level of personnel and funding 
        for the Office for Partnerships Against Violent Extremism.
            ``(6) An analysis of how the Department's activities to 
        counter violent extremism 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 violent 
        extremism.
            ``(8) An evaluation of the grant program established under 
        subsection (f), including information on the effectiveness of 
        such grants in countering violent extremism.
            ``(9) A description of how the Office for Partnerships 
        Against Violent Extremism incorporated lessons learned from the 
        countering violent extremism programs and policies of foreign, 
        State, local, tribal, and territorial governments and 
        stakeholder communities.
    ``(i) Annual Review.--Not later than 1 year after the date of 
enactment of this section, and every year thereafter, the Office for 
Civil Rights and Civil Liberties of the Department shall--
            ``(1) conduct a review of the Office for Partnerships 
        Against Violent Extremism activities to ensure that all of the 
        activities of the Office related to countering violent 
        extremism respect the privacy, civil rights, and civil 
        liberties of all persons; and
            ``(2) make publicly available on the website of the 
        Department a report containing the results of the review 
        conducted under paragraph (1).''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by inserting after the item relating to section 103 
the following:

``Sec. 104. Office for Partnerships Against Violent Extremism.''.
    (c) Sunset.--Effective on the date that is 7 years after the date 
of enactment of this Act--
            (1) section 104 of the Homeland Security Act of 2002, as 
        added by subsection (a), is repealed; and
            (2) the table of contents in section 1(b) of the Homeland 
        Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by 
        striking the item relating to section 104.
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