[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6664 Introduced in House (IH)]

<DOC>






115th CONGRESS
  2d Session
                                H. R. 6664

  To develop a national strategy to prevent targeted violence through 
       threat assessment and management, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 10, 2018

  Mr. Babin introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To develop a national strategy to prevent targeted violence through 
       threat assessment and management, 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 ``Threat Assessment, Prevention, and 
Safety Act of 2018''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) incidents of targeted violence are impacting our Nation 
        frequently and indiscriminately;
            (2) a collaborative, multi-disciplinary, and multi-
        jurisdictional threat assessment and management process on a 
        Federal, State, local, and Tribal level complements the 
        development of better tactical methods for strategically 
        preventing targeted violence in communities, including schools;
            (3) the United States has the capability to rapidly develop 
        threat assessment and management guidelines, practices, and 
        standards;
            (4) the United States should encourage the standardization 
        of such guidelines, practices, and standards for streamlined 
        and cohesive use across the United States;
            (5) establishing such guidelines, practices, and standards 
        is an important first step toward preventing targeted violence; 
        and
            (6) it is in the national security interest of the United 
        States to develop such guidelines, practices, and standards.

SEC. 3. ESTABLISHMENT OF A JOINT THREAT ASSESSMENT AND MANAGEMENT TASK 
              FORCE.

    (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall 
establish within the Department of Homeland Security a Joint Threat 
Assessment and Management Task Force (referred to in this Act as the 
``Task Force'').
    (b) Duties.--It shall be the duty of the Task Force to provide 
recommendations to the appropriate committees of Congress and the 
Secretary of Homeland Security on the development and implementation of 
a national strategy for preventing targeted violence through threat 
assessment and management (referred to in this Act as the ``national 
strategy'').
    (c) Membership.--
            (1) Composition.--The Task Force shall be composed of not 
        more than 21 members as follows:
                    (A) The Secretary of Homeland Security or a 
                designee with a position classified at GS-15 or above.
                    (B) Not more than two representatives of a 
                nongovernmental organization that is determined by the 
                Secretary of Homeland Security to have expertise in 
                threat assessment and management.
                    (C) Not more than two psychiatrists or 
                psychologists who are determined by the Secretary of 
                Homeland Security to have expertise in behavior-based 
                threat assessment and management.
                    (D) Not more than three representatives from local 
                threat assessment and management units who are 
                determined by the Secretary of Homeland Security to 
                have expertise in threat assessment and management.
                    (E) Not more than three representatives from State 
                threat assessment and management units who are 
                determined by the Secretary of Homeland Security to 
                have expertise in threat assessment and management.
                    (F) One expert in threat assessment and management 
                appointed by the head of each of the following 
                entities:
                            (i) The National Threat Assessment Center 
                        of the United States Secret Service.
                            (ii) The Protective Intelligence and 
                        Assessment Division of the United States Secret 
                        Service.
                            (iii) The Behavioral Analysis Unit-1 of the 
                        Critical Incident Response Group of the Federal 
                        Bureau of Investigation.
                            (iv) The Joint Terrorism Task Force of the 
                        Federal Bureau of Investigation.
                            (v) The United States Marshals Service of 
                        the Department of Justice.
                            (vi) The Office on Violence Against Women 
                        of the Department of Justice.
                            (vii) The Naval Criminal Investigative 
                        Service of the Department of the Navy.
                            (viii) The United States Capitol Police.
                            (ix) The Department of Education.
                            (x) The Department of Health and Human 
                        Services.
            (2) Chairperson.--The Secretary of Homeland Security shall 
        appoint a chairperson of the Task Force.
            (3) Consultation.--The Task Force may, as the chairperson 
        determines necessary, consult with experts in threat assessment 
        and management from State, local, and Tribal government 
        agencies and private entities that have established threat 
        assessment and management programs.
            (4) Term of membership.--
                    (A) Term of members.--Members of the Task Force 
                shall serve until the head of the respective entity of 
                the member appoints a new representative to the Task 
                Force.
                    (B) Term of chairperson.--The chairperson shall 
                serve until the Secretary of Homeland Security appoints 
                a new chairperson.
            (5) Member compensation.--Members of the Task Force may not 
        receive additional pay, allowances, or benefits by reason of 
        their service on the Task Force.
    (d) Operating Rules and Procedures.--
            (1) Rules and procedures.--Any member of the Task Force may 
        propose to develop or change existing operating rules and 
        procedures of the Task Force consistent with the functions of 
        the Task Force. Any change to such operating rules and 
        procedures shall be adopted upon a majority vote of the Task 
        Force.
            (2) Findings and solutions.--The Task Force shall adopt 
        recommendations for the implementation of the national strategy 
        only upon a majority vote of the Task Force.
            (3) Voting.--Each member of the Task Force shall have one 
        vote.
            (4) Quorum.--Two-thirds of the members of the Task Force 
        shall be present to constitute a quorum, but a lesser number 
        may hold meetings.
    (e) Staff Director and Staff.--
            (1) Staff director.--The chairperson may appoint a staff 
        director, who shall be paid at a rate not to exceed the rate of 
        basic pay for level IV of the Executive Schedule under section 
        5315 of title 5, United States Code.
            (2) Staff.--The staff director may appoint not more than 3 
        additional staff personnel.
            (3) Applicability of certain civil service laws.--The staff 
        of the Task Force shall be appointed subject to the provisions 
        of title 5, United States Code, governing appointments in the 
        competitive service, and shall be paid in accordance with the 
        provisions of chapter 51 and subchapter III of chapter 53 of 
        that title relating to classification and General Schedule pay 
        rates.
            (4) Experts and consultants.--The Task Force and the staff 
        director, acting with the approval of the Task Force, may 
        procure temporary and intermittent services pursuant to section 
        3109(b) of title 5, United States Code.
            (5) Staff of federal agencies.--Upon the request of the 
        Secretary of Homeland Security, the head of any Federal 
        department or agency may detail, on a reimbursable basis, any 
        of the personnel of such Federal department or agency to the 
        Task Force to assist it in carrying out the duties of the Task 
        Force under this section.
    (f) Powers of the Task Force.--Any member of the Task Force may, if 
authorized by the Task Force, take any action which the Task Force is 
authorized to take by this section.
    (g) Obtaining Official Data.--Subject to applicable privacy laws 
and regulations, the Task Force may secure directly from any Federal 
department or agency information necessary to enable it to carry out 
the duties of the Task Force under this section. Upon request of the 
chairperson of the Task Force, the head of such Federal department or 
agency shall furnish such information to the Task Force.
    (h) Administrative Support Services.--Upon the request of the Task 
Force, the Administrator of General Services shall provide to the Task 
Force, on a reimbursable basis, the administrative support services 
necessary for the Task Force to carry out the duties of the Task Force 
under this section.
    (i) Contract Authority.--To the extent and in the amounts made 
available in advance in appropriations Acts, the Task Force may 
contract with and compensate State, local, and Tribal government 
agencies and private entities or persons for services necessary to 
carry out the duties of the Task Force under this section.
    (j) Report.--Not later than 120 days after the date of the 
enactment of this Act, the Task Force shall submit to the appropriate 
committees of Congress and the Secretary of Homeland Security a report 
on recommendations related to the national strategy, including 
recommendations for the development and implementation of the national 
strategy.
    (k) Dissolution of Task Force.--The Task Force shall terminate 180 
days after the date of the enactment of this Act.
    (l) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section not more than $1,000,000 for 
fiscal year 2019.

SEC. 4. CONTENTS OF NATIONAL STRATEGY RECOMMENDATIONS.

    National strategy recommendations provided by the Task Force 
pursuant to section 3(j) shall include each of the following:
            (1) Existing infrastructure plans.--Recommendations 
        relating to the most effective use of existing Federal, State, 
        local, and Tribal infrastructure, workforce, and experience, 
        including--
                    (A) the use of personnel, communication channels, 
                and information sharing capabilities of fusion centers; 
                and
                    (B) a standardized threat assessment and management 
                process.
            (2) Unit support program.--Recommendations relating to a 
        Threat Assessment and Management Unit Support Program, which 
        shall--
                    (A) assist Federal, State, local, Tribal government 
                agencies and private entities in the implementation of 
                community based, multi-disciplinary, and multi-
                jurisdictional threat assessment and management units;
                    (B) consult on real-world complex threat assessment 
                and management cases or programs;
                    (C) promote coordination and information sharing 
                among Federal, State, local, and Tribal government 
                agencies and private entities with protective or public 
                safety responsibilities; and
                    (D) support standardization between Federal, State, 
                local, and Tribal government agency threat assessment 
                and management units.
            (3) Training program.--Recommendations relating to a Threat 
        Assessment and Management Training Program, which may train 
        officers and employees of Federal, State, local, and Tribal 
        government agencies and private entities in standardized 
        community based, multi-disciplinary, and multi-jurisdictional 
        threat assessment and management, including--
                    (A) integrated operations;
                    (B) information sharing among Federal, State, 
                local, and Tribal government agencies and private 
                entities with protective or public safety 
                responsibilities; and
                    (C) disseminating published evidence-based research 
                materials on targeted violence prevention through 
                threat assessment and management.
            (4) School violence prevention program.--Recommendations 
        relating to a Threat Assessment and Management School Violence 
        Prevention Program for educational entities, which shall--
                    (A) train and support a multi-disciplinary and 
                multi-jurisdictional threat assessment and management 
                process, including the coordination of information 
                sharing;
                    (B) consult on real-world complex threat assessment 
                and management cases or programs;
                    (C) support the standardization between educational 
                entity threat assessment and management units; and
                    (D) disseminate to educational entities published 
                research materials on threat assessment and management 
                and the prevention of targeted violence within 
                educational entities.

SEC. 5. DEVELOPMENT OF NATIONAL STRATEGY.

    (a) National Strategy Development.--The Secretary of Homeland 
Security shall develop a national strategy relating to threat 
assessment and management and consider the recommendations made by the 
Task Force pursuant to section 4 in the development of such strategy.
    (b) Effective Date.--The national strategy shall take effect 180 
days after the date of the enactment of this Act unless Congress enacts 
a joint resolution of disapproval of the national strategy during such 
180-day period.

SEC. 6. IMPLEMENTATION OF THE NATIONAL STRATEGY.

    (a) In General.--Beginning on the date that the national strategy 
takes effect under section 5(b), the Secretary of Homeland Security 
shall implement the national strategy and provide information and 
training services related to the national strategy at the request of 
any Federal, State, local, or Tribal government agency or private 
entity with protective or public safety responsibilities.
    (b) Consultation.--In implementing the national strategy, the 
Secretary of Homeland Security may consult with the following:
            (1) The United States Secret Service, including--
                    (A) the National Threat Assessment Center; and
                    (B) the Protective Intelligence and Assessment 
                Division.
            (2) The Department of Justice, including--
                    (A) the Behavioral Analysis Unit-1 of the Critical 
                Incident Response Group of the Federal Bureau of 
                Investigation;
                    (B) the Joint Terrorism Task Force of the Federal 
                Bureau of Investigation;
                    (C) the United States Marshals Service; and
                    (D) the Office on Violence Against Women.
            (3) The Department of the Navy, including the Naval 
        Criminal Investigative Service.
            (4) The United States Capitol Police.
            (5) The Department of Education.
            (6) The Department of Health and Human Services.
            (7) Nongovernmental organizations that are determined by 
        the Secretary of Homeland Security to have expertise in threat 
        assessment and management.
            (8) Psychiatrists or psychologists who are determined by 
        the Secretary of Homeland Security to have expertise in 
        behavior-based threat assessment and management.
            (9) State and local threat assessment and management units.
    (c) Appointment of High-Level Official.--
            (1) In general.--The Secretary of Homeland Security shall 
        designate a senior official within the Department of Homeland 
        Security to be responsible for coordinating the implementation 
        and coordination of the national strategy.
            (2) Duties.--The duties of the official designated pursuant 
        to paragraph (1) shall include the following:
                    (A) Acting as a liaison between each Federal agency 
                regarding the implementation and coordination of the 
                strategy.
                    (B) Being knowledgeable about budget priorities and 
                familiar with all efforts within the Department of 
                Homeland Security and the Federal Government related to 
                the strategy.
    (d) Contracting Services.--The Secretary of Homeland Security shall 
enter into contracts with public agencies or private entities with 
expertise in threat assessment and management to assist with the 
implementation of the national strategy.
    (e) Website.--The Secretary of Homeland Security may develop an 
interactive public website to publicize information and data on 
evidence-based practices in threat assessment and management, except 
that such website may not include law enforcement sensitive or 
classified data or processes and sources.
    (f) Report to Congress.--Not later than 1 year after the date of 
the enactment of this Act and each year thereafter, the Secretary of 
Homeland Security shall submit to the appropriate committees of 
Congress a report on any action taken to implement the national 
strategy, which shall include the following:
            (1) Information relating to the number of detailees hired 
        (on a full-time equivalent basis).
            (2) Information relating to the number of, and use of, 
        contracts entered into with public agencies or private 
        entities, as required under subsection (d).
            (3) Information relating to the number of entities 
        participating in the Threat Assessment and Management Training 
        Program under section 4(3).
            (4) Information relating to the number of educational 
        entities participating in the Threat Assessment and Management 
        School Violence Prevention Program under section 4(4).
            (5) Information relating to the number of Federal, State, 
        local, and Tribal law enforcement entities participating in the 
        Threat Assessment and Management Unit Support Program under 
        section 4(2).
            (6) Information relating to the number of States 
        participating in the Threat Assessment and Management Grant 
        Program under section 7.
            (7) A formal evaluation conducted by the Homeland Security 
        Studies and Analysis Institute of the Department of Homeland 
        Security studying the implementation and effectiveness of the 
        national strategy.
            (8) Information relating to the level of cooperation 
        between Federal Government agencies in the implementation of 
        the strategy.
            (9) An assessment of future trends, challenges, and 
        opportunities, including new technologies, that will impact 
        Federal, State, local, and Tribal government agency efforts to 
        combat targeted violence through threat assessment and 
        management.
    (g) Annual Briefing.--Not later than 1 year after the date of the 
enactment of this Act and each year thereafter, the Secretary of 
Homeland Security shall brief the appropriate committees of Congress on 
the progress, changes, and other developments with respect to 
implementing the national strategy.

SEC. 7. THREAT ASSESSMENT AND MANAGEMENT GRANT PROGRAM.

    (a) In General.--The Secretary of Homeland Security shall award 
grants to eligible entities to establish community based units that 
implement the national strategy.
    (b) Application.--To receive a grant under this subsection, an 
eligible entity shall submit an application to the Secretary of 
Homeland Security at such time, in such manner, and containing such 
information as the Secretary of Homeland Security may require.
    (c) Matching Funds.--An eligible entity that receives a grant under 
this subsection shall provide a cash contribution in an amount that is 
not less than 10 percent of the amount of the grant.
    (d) Waiver.--The Secretary of Homeland Security may waive or reduce 
the cash contribution required under subsection (c) for eligible 
entities that demonstrate a need for such a waiver or reduction.
    (e) Eligible Entity Defined.--The term ``eligible entity'' means--
            (1) a State;
            (2) a Tribal organization;
            (3) an educational entity;
            (4) a unit of local government; or
            (5) a nongovernmental organization.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry 
out sections 6 and 7 $25,000,000 for each of fiscal years 2019 through 
2023.
    (b) Limitation.--No funds authorized to be appropriated under this 
section may be used to train any individual in the use of a firearm.

SEC. 9. DEFINITIONS.

    In this Act:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means the Committee on 
        Homeland Security and the Committee on the Judiciary of the 
        House of Representatives and the Committee on Homeland Security 
        and Governmental Affairs and the Committee on the Judiciary of 
        the Senate.
            (2) Definitions related to certain educational terms.--The 
        terms ``early childhood education program'', ``elementary 
        school'', ``local educational agency'', ``secondary school'', 
        and ``State educational agency'' have the meanings given such 
        terms in section 8101 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 7801).
            (3) Educational entities.--The term ``educational 
        entities'' means--
                    (A) a State educational agency;
                    (B) a local educational agency;
                    (C) an institution of higher education;
                    (D) an elementary school or secondary school;
                    (E) an early childhood education program; or
                    (F) a postsecondary vocational institution.
            (4) Fusion center.--The term ``fusion center'' has the 
        meaning given such term in section 210A(j)(1) of the Homeland 
        Security Act of 2002 (6 U.S.C. 124h(j)(1)).
            (5) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given such 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            (6) Postsecondary vocational institution.--The term 
        ``postsecondary vocational institution'' has the meaning given 
        such term in section 102(c) of the Higher Education Act of 1965 
        (20 U.S.C. 1002(c)).
            (7) State.--The term ``State'' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the United States Virgin Islands, Guam, American 
        Samoa, and the Commonwealth of the Northern Mariana Islands.
            (8) Targeted violence.--The term ``targeted violence'' 
        means any incident of predatory violence with respect to which 
        an identifiable individual or group focuses an attack on a 
        particular target.
            (9) Threat assessment and management.--The term ``threat 
        assessment and management'' means the systematic and evidence-
        based process of--
                    (A) identifying individuals who are exhibiting 
                patterns of concerning behavior that indicate an 
                interest, motive, intention, or capability of carrying 
                out an act of violence;
                    (B) investigating and gathering information from 
                multiple sources to assess whether an individual 
                described in subparagraph (A) poses a threat, based on 
                articulable facts; and
                    (C) the subsequent management of such a threat, if 
                necessary.
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