[Congressional Record Volume 161, Number 178 (Wednesday, December 9, 2015)]
[Senate]
[Pages S8548-S8558]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. REID (for himself, Mr. Durbin, Mr. Schumer, Mrs. Murray,
Mr. Leahy, Mrs. Feinstein, Mr. Reed, Mr. Nelson, Mr. Carper,
Mr. Cardin, and Mr. Brown):
S. 2377. A bill to defeat the Islamic State of Iraq and Syria (ISIS)
and protect and secure the United States, and for other purposes; to
the Committee on the Judiciary.
Mr. REID. Mr. President, I ask unanimous consent that the text of the
bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2377
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Defeat
ISIS and Protect and Secure the United States Act of 2015''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--DEFEATING ISIS
Subtitle A--National Security Positions
Sec. 101. United States Coordinator for Strategy to Defeat the Islamic
State in Iraq and Syria.
Sec. 102. Sense of Congress on confirmation by Senate of pending
National Security nominations.
Subtitle B--Combating ISIS
Sec. 111. Findings.
Sec. 112. Sense of Congress.
Subtitle C--Combating ISIS Financing
Sec. 121. Sense of Congress on defeating terrorist financing by the
Islamic State of Iraq and Syria.
Sec. 122. Sanctions with respect to financial institutions that engage
in certain transactions that benefit the Islamic State of
Iraq and Syria.
Subtitle D--Improving Intelligence Sharing With Partners
Sec. 131. Intelligence sharing relationships.
Subtitle E--Combating Terrorist Recruitment and Propaganda
Sec. 141. Countering violent extremism.
Sec. 142. Countering ISIS propaganda.
Subtitle F--Improving European Migrant Screening and Stabilizing Jordan
and Lebanon
Sec. 151. Working with Europe to improve migrant screening.
Sec. 152. Migrant stability fund for Jordan and Lebanon.
TITLE II--PROTECTING THE HOMELAND
Subtitle A--Reforming the Visa Waiver Program
Sec. 201. Short title.
Sec. 202. Electronic passports required for visa waiver program.
Sec. 203. Information sharing and cooperation by visa waiver program
countries.
Sec. 204. Biometric submission before entry.
Sec. 205. Visa waiver program administration.
Subtitle B--Keeping Firearms Away From Terrorists
Sec. 211. Closing the visa waiver program gun loophole.
Sec. 212. Closing the terrorist gun loophole.
Subtitle C--Strengthening Aviation Security
Sec. 221. Definitions.
PART I--Transportation Security Administration Workforce Training and
Procedures
Sec. 226. Transportation security officer training.
PART II--Access Controls
Sec. 231. Insider threats.
Sec. 232. Aviation workers vetting.
Sec. 233. Infrastructure.
Sec. 234. Visible deterrent.
PART III--Transportation Security Administration Innovation and
Technology
Sec. 241. Research.
Sec. 242. Public-private partnerships.
Sec. 243. Report.
PART IV--Improving International Coordination To Track Terrorists
Sec. 251. Coordination with international authorities.
Sec. 252. Sense of Congress on cooperation to track terrorists
traveling by air.
Subtitle D--Strengthening Security of Radiological Materials
Sec. 261. Preventing terrorist access to domestic radiological
materials.
Sec. 262. Strategy for securing high activity radiological sources.
Sec. 263. Outreach to State and local law enforcement agencies on
radiological threats.
Subtitle E--Stopping Homegrown Extremism
Sec. 271. Authorization of the Office for Community Partnerships of the
Department of Homeland Security.
Sec. 272. Research and evaluation program for domestic radicalization.
Subtitle F--Comprehensive Independent Study of National Cryptography
Policy
Sec. 281. Comprehensive independent study of national cryptography
policy.
Subtitle G--Law Enforcement Training
Sec. 291. Law enforcement training for active shooter incidents.
Sec. 292. Active shooter incident response assistance.
Sec. 293. Grants to State and local law enforcement agencies for
antiterrorism training programs.
TITLE I--DEFEATING ISIS
Subtitle A--National Security Positions
SEC. 101. UNITED STATES COORDINATOR FOR STRATEGY TO DEFEAT
THE ISLAMIC STATE IN IRAQ AND SYRIA.
(a) Designation.--Not later than 30 days after date of the
enactment of this Act, the President shall designate a single
coordinator, who shall be responsible for coordinating all
efforts across the Federal Government and with international
partners for defeating the Islamic State in Iraq and Syria
(ISIS) both within the United States and globally.
(b) Status.--The coordinator designated under subsection
(a) shall report to the President.
(c) Duties.--The coordinator designated under subsection
(a) shall coordinate all lines of effort, activities, and
programs related to defeating ISIS, including--
(1) coordinating with the Special Presidential Envoy to the
Global Coalition to Counter ISIL;
(2) coordinating with the Department of Defense and
international partners regarding United States military
operations, training, and equipment undertaken to defeat ISIS
and to deny ISIS safe haven, as appropriate;
(3) coordinating with the Department of Defense, the
Department of State, the intelligence community (as defined
in section 3(4) of the National Security Act of 1947 (50
U.S.C. 3003(4))), and international partners regarding United
States efforts to build the capacity of local forces in the
Middle East committed to defeating ISIS and rebuilding Iraq
and Syria based on secular, inclusive, and representative
governance frameworks;
(4) coordinating with the Department of State, the
Department of the Treasury, the
[[Page S8549]]
intelligence community, and international partners regarding
United States efforts to counter, undermine, and disrupt ISIS
financing;
(5) coordinating with the Department of State, the
Department of Homeland Security, the Department of Justice,
the intelligence community, and international partners
regarding United States efforts to counter, halt, and prevent
movement of foreign fighters into and out of Iraq and Syria;
(6) coordinating with the Department of State, the United
States Agency for International Development, and
international partners regarding United States efforts to
counter and undermine ISIS messaging and propaganda around
the world;
(7) coordinating with the Department of State, the United
States Agency for International Development, the United
Nations, and international partners regarding United States
contributions and support for addressing the humanitarian
crisis resulting from ISIS activities; and
(8) coordinating with the Department of State and the
United States Agency for International Development regarding
United States diplomatic engagement toward long-term
sustainable political solutions in Iraq and Syria, including
promoting responsible, inclusive governance in Iraq and a
transitional governing body in Syria without Bashar al-Assad,
as well as coordinating support for other nations at risk of
ISIS influence.
(d) Consultation.--The coordinator designated under
subsection (a) shall consult with Congress, domestic and
international organizations, multilateral organizations and
institutions, and foreign governments committed to defeating
ISIS to the extent the Coordinator considers appropriate to
fulfill the purposes of this section.
SEC. 102. SENSE OF CONGRESS ON CONFIRMATION BY SENATE OF
PENDING NATIONAL SECURITY NOMINATIONS.
It is the sense of Congress that--
(1) the terrorist attacks in November 2015 demonstrate the
need for renewed vigilance to prevent an attack on the United
States homeland;
(2) national security positions throughout the United
States Government are essential to protect the safety of the
American public, and vacancies in such positions hurt our
efforts to combat terrorists;
(3) greater global coordination will be required to defeat
the Islamic State of Iraq and Syria (ISIS), so the Senate
should promptly confirm pending nominations to positions of
ambassador in order to represent United States national
security interests abroad;
(4) to assist with negotiations on global anti-terror
efforts, the Secretary of State should have a full complement
of political and career senior advisors, so the Senate should
confirm pending nominations to such positions;
(5) intelligence sharing with our allies could prevent an
attack on the United States homeland, so the Senate should
confirm pending nominations to intelligence positions of the
Department of Defense and in other elements of the
intelligence community;
(6) service members are on the front lines of the fight
against terror, so the Senate should confirm pending
nominations for promotion in the Armed Forces;
(7) cutting off the money supply for the Islamic State of
Iraq and Syria is a critical part of United States strategy
to defeat the Islamic State of Iraq and Syria, so the Senate
should confirm pending nominations to positions in the
Department of the Treasury with responsibility for disrupting
terrorist financing networks; and
(8) the Senate should confirm the pending nominations to
national security positions described in this resolution
without further delay.
Subtitle B--Combating ISIS
SEC. 111. FINDINGS.
Congress makes the following findings:
(1) The terrorist organization known as the Islamic State
of Iraq and Syria (ISIS) poses a grave threat to the people
and territorial integrity of Iraq and Syria, to regional
stability, and to the national security interests of the
United States and its allies and partners.
(2) ISIS holds significant territory in Iraq and Syria and
is a growing threat in other countries and has stated its
intention to seize more territory and demonstrated the
capability to do so.
(3) ISIS has claimed responsibility for or conducted
horrific terrorist attacks, including hostage-taking and
killing, in Sousse, Tunisia; Ankara, Turkey; the Sinai in
Egypt; Beirut, Lebanon; Paris, France, against a Russian
charter plane, and elsewhere.
(4) ISIS has brutally murdered United States citizens, as
well as citizens of many other countries.
(5) ISIS has stated that it intends to conduct further
terrorist attacks internationally, including against the
United States, its citizens, and interests.
(6) ISIS has committed despicable acts of violence and mass
executions against Muslims, regardless of sect, who do not
subscribe to the depraved, violent, and oppressive ideology
of ISIS, and has targeted innocent women and girls with
horrific acts of violence, including abduction, enslavement,
torture, rape, and forced marriage.
(7) ISIS has threatened genocide and committed vicious acts
of violence against other religious and ethnic minority
groups, including Iraqi Christians, Yezidi, and Turkmen
populations.
(8) ISIS finances its operations primarily through looting,
smuggling, extortion, oil sales, kidnapping, and human
trafficking.
(9) As a result of advances by ISIS and the civil war in
Syria, there are more than 4,000,000 refugees, more than
7,500,000 internally displaced people in Syria, and nearly
3,200,000 internally displaced people in Iraq.
(10) President Barack Obama articulated a multi-dimensional
approach in the campaign to counter ISIS, including
supporting regional military partners, stopping the flow of
foreign fighters, cutting off the access of ISIS to
financing, addressing urgent humanitarian needs, and exposing
the true nature of ISIS.
(11) In August 2014, President Obama directed the United
States Armed Forces to build and work with a coalition of
partner nations to conduct airstrikes in Iraq and Syria as
part of the comprehensive strategy to degrade and defeat
ISIS.
(12) Since August 2014, United States and coalition nation
aircraft have flown more than 57,000 sorties in support of
operations in Iraq and Syria, including airstrikes that have
destroyed staging areas, command centers, thousands of
armored vehicles, oil and other financing infrastructure, and
other facilities and equipment of ISIS.
(13) Coalition airstrikes have killed at least 100 high-
value individuals, including a United States strike against
Mohamed Emwazi, known as ``Jihadi John''.
(14) ISIS is under pressure from a coalition of 65 nations,
which is conducting air strikes, supporting local forces on
the ground, and cutting off financial support to ISIS,
thereby evicting ISIS from as much as a quarter of the
territory it previously controlled.
SEC. 112. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States condemns the horrific and cowardly
attacks by ISIS, particularly the recent attacks in Tunisia,
Turkey, Egypt, Lebanon, and France;
(2) it is critical that the response to ISIS by the United
States and the Anti-ISIS coalition, including countries
within the region, be multi-dimensional and consist of
coordinated and intensified efforts on intelligence sharing
and on the military, civilian, and humanitarian aspects of
the current campaign;
(3) ISIS will only be defeated if there are enduring,
inclusive, sustainable political solutions in Iraq and Syria
that enable all citizens to realize their legitimate
aspirations;
(4) the only path to a sustainable end to the civil war in
Syria is a diplomatic solution that removes Bashar al-Assad;
(5) the United States and our coalition partners must
continue to conduct the campaign of airstrikes against ISIS
in both Syria and Iraq to counter ISIS forces and deny it a
safe haven;
(6) no matter how effective the air campaign, defeating
ISIS requires reliable, effective, and committed local forces
on the ground in Syria and Iraq to clear and hold territory
retaken from ISIS, including continuing to work with Kurds in
Syria and Iraq, Sunnis in Iraq, and the moderate opposition
in Syria;
(7) the United States and our coalition partners must work
with local forces in Iraq and Syria to identify and strike
ISIS targets and support local forces in the fight on the
ground;
(8) the United States and our coalition partners must build
the capabilities and capacities of our local partner forces
in Syria and Iraq and across the region to sustain an
effective long-term campaign against ISIS;
(9) United States and coalition advisors and enablers are
critical to improving the ability of local forces to plan,
lead, and conduct operations against ISIS;
(10) the United States and our coalition partners must
continue to target the leadership of ISIS, deny it sanctuary
and resources to plan, prepare, and execute attacks, and
degrade its command and control infrastructure, logistical
networks, oil and other revenue networks, and other
capabilities;
(11) the United States and our coalition partners must work
to improve the security of the borders of Syria and end the
flow of new foreign recruits to ISIS, including working with
Turkey and local forces to control the entire Turkey-Syria
border;
(12) the United States and our coalition partners must make
sure that the commanders on the ground have the operational
flexibility required to execute the mission against ISIS,
particularly related to the activities of special operations
forces in Syria; and
(13) appropriate resources and attention should be applied
to stopping the spread of ISIS and its apocalyptic ideology
to other countries and regions, including North Africa,
Afghanistan, and elsewhere.
Subtitle C--Combating ISIS Financing
SEC. 121. SENSE OF CONGRESS ON DEFEATING TERRORIST FINANCING
BY THE ISLAMIC STATE OF IRAQ AND SYRIA.
It is the sense of Congress that--
(1) the United States should--
(A) strongly support coordinated international efforts by
the G-20, the international Financial Action Task Force, the
United Nations, and other appropriate international bodies to
bolster comprehensive programs to target and combat terrorist
financing by ISIS, and to expand international information-
sharing related to activities of ISIS;
[[Page S8550]]
(B) provide necessary funding and support for the
international Counter-ISIS Financing Group and ensure robust
information-sharing within that Group and among allied
countries participating in efforts to combat terrorist
financing by ISIS;
(C) expand technical assistance, support, and guidance to
the governments of countries that are allies of the United
States and to foreign financial institutions in such
countries to enable those governments and institutions to
rapidly expand their capacity--
(i) to identify and designate for the imposition of
sanctions persons that are part of ISIS or that knowingly
fund or otherwise facilitate activities of ISIS;
(ii) to identify and disrupt financing networks used by
ISIS and terrorists allied with ISIS; and
(iii) to cut ISIS off completely from the international
financial system;
(D) urge governments of countries that are allies of the
United States--
(i) to aggressively implement programs to combat terrorist
financing by ISIS; and
(ii) to prosecute, to the fullest extent of the laws of
those countries, persons that are part of ISIS or that
knowingly fund or otherwise facilitate activities of ISIS and
are within the jurisdiction of those governments;
(E) encourage the governments of all G-20 countries to
implement measures with respect to persons designated as part
of ISIS, or as persons that knowingly fund or otherwise
facilitate activities of ISIS, by the United States as of the
date of the enactment of this Act, and to designate promptly
and impose sanctions with respect to such persons under their
own laws;
(F) continue to support efforts by the Government of Iraq--
(i) to secure the financial system of Iraq, including
banks, exchange houses, and other similar entities, from
ISIS-related terrorist financing; and
(ii) to dismantle and disrupt ISIS terrorist financing
networks;
(G) continue to disrupt efforts by the Government of
Syria--
(i) to engage in oil purchases or other financial
transactions with ISIS or affiliates or intermediaries of
ISIS; or
(ii) to engage in extortion or any other criminal activity
that might benefit ISIS; and
(H) seek to expand cooperation among G-20 and countries
that are allies of the United States to strengthen the
protection of antiquities and prevent ISIS from engaging in
the theft, transport, and sale of cultural objects for the
purpose of financing terrorism; and
(2) the Senate should promptly approve, on a bipartisan
basis, the nomination, pending on the date of the enactment
of this Act, of the Under Secretary for Terrorism and
Financial Crimes of the Department of the Treasury, who leads
the efforts of the United States to counter terrorist
financing by ISIS.
SEC. 122. SANCTIONS WITH RESPECT TO FINANCIAL INSTITUTIONS
THAT ENGAGE IN CERTAIN TRANSACTIONS THAT
BENEFIT THE ISLAMIC STATE OF IRAQ AND SYRIA.
(a) In General.--The President may prohibit, or impose
strict conditions on, the opening or maintaining in the
United States of a correspondent account or a payable-through
account by a foreign financial institution that the President
determines engages in an activity described in subsection (b)
on or after the date of the enactment of this Act.
(b) Activities Described.--A foreign financial institution
engages in an activity described in this subsection if the
foreign financial institution--
(1) knowingly facilitates a significant transaction or
transactions for ISIS;
(2) knowingly facilitates a significant transaction or
transactions of a person that is identified on the specially
designated nationals list and the property and interests in
property of which are blocked pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) for
acting on behalf of or at the direction of, or being owned or
controlled by, ISIS;
(3) knowingly engages in money laundering to carry out an
activity described in paragraph (1) or (2); or
(4) knowingly facilitates a significant transaction or
transactions or provides significant financial services to
carry out an activity described in paragraph (1), (2), or
(3).
(c) Penalties.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) shall apply to a person
that violates, attempts to violate, conspires to violate, or
causes a violation of regulations prescribed under this
section to the same extent that such penalties apply to a
person that commits an unlawful act described in subsection
(a) of such section 206.
(d) Procedures for Judicial Review of Classified
Information.--
(1) In general.--If a finding under this section, or a
prohibition or condition imposed as a result of any such
finding, is based on classified information (as defined in
section 1(a) of the Classified Information Procedures Act (18
U.S.C. App.)) and a court reviews the finding or the
imposition of the prohibition or condition, the President may
submit such information to the court ex parte and in camera.
(2) Rule of construction.--Nothing in this subsection shall
be construed to confer or imply any right to judicial review
of any finding under this section or any prohibition or
condition imposed as a result of any such finding.
(e) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702
and 1704) to carry out this section.
(f) Definitions.--In this section:
(1) Account; correspondent account; payable-through
account.--The terms ``account'', ``correspondent account'',
and ``payable-through account'' have the meanings given those
terms in section 5318A of title 31, United States Code.
(2) Financial institution.--The term ``financial
institution'' means a financial institution specified in
subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I),
(J), (K), (M), (N), (P), (R), (T), (Y), or (Z) of section
5312(a)(2) of title 31, United States Code.
(3) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning given that term in
section 1010.605 of title 31, Code of Federal Regulations.
(4) Isis.--The term ``ISIS'' means--
(A) the entity known as the Islamic State of Iraq and Syria
and designated by the Secretary of State as a foreign
terrorist organization pursuant to section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189); or
(B) any person--
(i) the property or interests in property of which are
blocked pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.); and
(ii) who is identified on the specially designated
nationals list as an agent, instrumentality, or affiliate of
the entity described in subparagraph (A).
(5) Money laundering.--The term ``money laundering''
includes the movement of illicit cash or cash equivalent
proceeds into, out of, or through a country, or into, out of,
or through a financial institution.
(6) Specially designated nationals list.--The term
``specially designated nationals list'' means the list of
specially designated nationals and blocked persons maintained
by the Office of Foreign Assets Control of the Department of
the Treasury.
Subtitle D--Improving Intelligence Sharing With Partners
SEC. 131. INTELLIGENCE SHARING RELATIONSHIPS.
(a) Review of Agreements.--Not later than 90 days after the
date of the enactment of this Act, the Director of National
Intelligence, in consultation with the Secretary of Defense,
shall complete a review of each intelligence sharing
agreement between the United States and a foreign country
that--
(1) is experiencing a significant threat from ISIS; or
(2) is participating as part of the coalition in activities
to degrade and defeat ISIS.
(b) Intelligence Sharing Related to the Islamic State.--Not
later than 90 days after the date that the Director of
National Intelligence completes the reviews required by
subsection (a), the Director shall develop an intelligence
sharing agreement between the United States and each foreign
country referred to in subsection (a) that--
(1) applies to the sharing of intelligence related to
defensive or offensive measures to be taken with respect to
ISIS; and
(2) provides for the maximum amount of sharing of such
intelligence, as appropriate, in a manner that is consistent
with the due regard for the protection of intelligence
sources and methods, protection of human rights, and the
ability of recipient nations to utilize intelligence for
targeting purposes consistent with the laws of armed
conflict.
Subtitle E--Combating Terrorist Recruitment and Propaganda
SEC. 141. COUNTERING VIOLENT EXTREMISM.
(a) In General.--The President, in collaboration with the
Secretary of State and the Administrator of the United States
Agency for International Development, shall design,
implement, and evaluate programs to counter violent extremism
abroad by--
(1) strengthening inclusive governance in nation states
whose stability and legitimacy are threatened by ISIS and
other violent extremist groups;
(2) creating mechanisms for women, teenagers and other
marginalized groups, including potential and former violent
extremists, to participate in designing and implementing such
programs in coordination with local and national government
officials;
(3) addressing the drivers of grievances that lead to
violent extremism, such as corruption, injustice,
marginalization, and abuse, through programming and reforms
focused on--
(A) good governance and anti-corruption;
(B) civic engagement;
(C) citizen participation in governance;
(D) adherence to the rule of law;
(E) opportunities for women and girls; and
(F) freedom of expression;
(4) strengthening law enforcement training programs that
foster dialogue and engagement between security forces and
the public around drivers of grievance; and
(5) strengthening the capacity of civil society
organizations to combat radicalization and other forms of
violence in local communities.
(b) Promoting Youth Leadership.--Programs established under
this section shall prioritize youth engagement to prevent and
counter violent extremism, including youth-led messaging
campaigns--
(1) to delegitimize the appeal of violent extremism;
[[Page S8551]]
(2) to engage communities and populations to prevent
violent extremist radicalization and recruitment;
(3) to counter the radicalization of youth;
(4) to promote rehabilitation and reintegration programs
for potential and former violent extremists, including
prison-based programs; and
(5) to support long term efforts to promote tolerance, co-
existence and equity.
(c) Authorization of Appropriations.--For the purpose of
carrying out this section, there is authorized to be
appropriated--
(1) for the Department of State, $200,000,000 for fiscal
year 2017 and $250,000,000 for fiscal year 2018; and
(2) for the United States Agency for International
Development, $100,000,000 for fiscal year 2017 and
$125,000,000 for fiscal year 2018.
(d) Assistance for Fragile Nation States.--The Secretary of
State shall make existing counterterrorism funding available
for programs that strengthen governance and security in
fragile nation states that share a border with a country that
ISIS or other violent extremists have threatened to
destabilize or delegitimize.
SEC. 142. COUNTERING ISIS PROPAGANDA.
(a) Comprehensive Strategy to Counter ISIS Propaganda.--The
President, in consultation with technology companies, faith-
based Muslim groups, foreign governments, and international
nongovernmental organizations, shall develop, as part of the
National Strategy for Counterterrorism, a comprehensive
strategy to counter the propaganda disseminated by operatives
of ISIS, including through online activities.
(b) Increased Use of Effective Media Tools.--The Under
Secretary of State for Public Diplomacy, through the Center
for Strategic Counterterrorism Communications (referred to in
this section as the ``Center''), is authorized to contract to
produce media products to counter ISIS propaganda.
(c) Digital Platform Development Team.--The Under Secretary
of State for Public Diplomacy, through the Center, shall
establish a digital rapid response team--
(1) to build and employ digital platforms for the
dissemination of information to counter ISIS propaganda; and
(2) to integrate the platforms described in paragraph (1)
with existing technologies supported by the Bureau of
International Information Programs and with popular social
networking sites.
(d) Authorization of Appropriations.--For the purpose of
carrying out this section, there is authorized to be
appropriated to the Department of State $25,000,000 for
fiscal year 2017 and $30,000,000 for fiscal year 2018.
Subtitle F--Improving European Migrant Screening and Stabilizing Jordan
and Lebanon
SEC. 151. WORKING WITH EUROPE TO IMPROVE MIGRANT SCREENING.
The President, in consultation with the heads of relevant
Federal agencies, is authorized to provide requested
technical and operational assistance for the European Union
and its member states, including assistance--
(1) to improve border management, including the screening
of migrants;
(2) to increase capacity for refugee reception and
processing in transit countries, especially in the Western
Balkans; and
(3) to enhance intelligence sharing with European Union
member states and Europol regarding criminal human
trafficking, smuggling networks, and foreign fighters
identification and movement.
SEC. 152. MIGRANT STABILITY FUND FOR JORDAN AND LEBANON.
(a) International Disaster Assistance.--In addition to
amounts otherwise authorized to be appropriated for such
purposes, there is authorized to be appropriated to the
International Disaster Assistance account, $525,000,000,
which shall remain available until expended, for emergency
and life-saving assistance, including for the care of
internally displaced persons within Syria and Iraq and to
mitigate the outflow of refugees to Lebanon, Jordan, and
elsewhere and other locations designated by the Secretary of
State.
(b) Migration and Refugee Assistance.--In addition to
amounts otherwise authorized to be appropriated for such
purposes, there is authorized to be appropriated to the
Migration and Refugee Assistance account, $545,000,000, which
shall remain available until expended, for necessary expenses
to respond to the refugee crisis resulting from conflict in
the Middle East, including for the basic needs of refugees in
Lebanon, Jordan, and elsewhere as well as the costs
associated with the resettlement of refugees in the United
States and the secure screening of refugee applications.
(c) Emergency Refugee and Migration Assistance.--In
addition to amounts otherwise authorized to be appropriated
for such purposes, there is authorized to be appropriated to
the Emergency Refugee and Migration Assistance account,
$200,000,000, which shall remain available until expended,
for unexpected urgent overseas refugee and migration needs in
accordance with section 2(c) of the Migration and Refugee
Assistance Act of 1962 (22 U.S.C. 2601(c)).
(d) Transfer of Funds.--
(1) In general.--The Secretary of State may transfer
amounts authorized to be appropriated by this Act between
accounts and to other relevant Federal agencies--
(A) to optimize assistance to refugees; and
(B) to ensure the secure screening of refugees seeking
resettlement in the United States.
(2) Consultation and notification requirements.--Each
transfer authorized under paragraph (1) shall be subject to
prior consultation with, and the regular notification
procedures of, the Committee on Appropriations of the Senate
and the Committee on Appropriations of the House of
Representatives.
(3) Return of unneeded funds.--If the Secretary of State,
in consultation with the head of any Federal agency receiving
funds transferred pursuant to this subsection, determines
that any portion of such funds are no longer needed to meet
the purposes of such transfer, the head of such agency shall
return such funds to the account from where they originated.
TITLE II--PROTECTING THE HOMELAND
Subtitle A--Reforming the Visa Waiver Program
SEC. 201. SHORT TITLE.
This subtitle may be cited as the ``Visa Waiver Program
Security Enhancement Act''.
SEC. 202. ELECTRONIC PASSPORTS REQUIRED FOR VISA WAIVER
PROGRAM.
(a) Requiring the Universal Use of Electronic Passports for
Visa Waiver Program Countries.--
(1) In general.--Section 217 of the Immigration and
Nationality Act (8 U.S.C. 1187) is amended--
(A) in subsection (a), by amending paragraph (3) to read as
follows:
``(3) Machine-readable, electronic passport.--The alien, at
the time of application for admission, is in possession of a
valid, unexpired, tamper-resistant, machine-readable passport
that incorporates biometric and document authentication
identifiers that comply with the applicable biometric and
document identifying standards established by the
International Civil Aviation Organization.''; and
(B) in subsection (c)(2), by amending subparagraph (B) to
read as follows:
``(B) Machine-readable, electronic passport program.--The
government of the country certifies that it issues to its
citizens machine-readable, electronic passports that comply
with the requirements set forth in subsection (a)(3).''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the date that is 90 days after the date
of the enactment of this Act.
(3) Certification requirement.--Section 303(c) of the
Enhanced Border Security and Visa Entry Reform Act of 2002 (8
U.S.C. 1732(c)) is amended--
(A) in paragraph (1), by striking ``Not later than October
26, 2005, the'' and inserting ``The''; and
(B) by amending paragraph (2) to read as follows:
``(2) Use of technology standard.--Any alien applying for
admission under the visa waiver program established under
section 217 of the Immigration and Nationality Act (8 U.S.C.
1187) shall present a passport that meets the requirements
described in paragraph (1).''.
SEC. 203. INFORMATION SHARING AND COOPERATION BY VISA WAIVER
PROGRAM COUNTRIES.
(a) Required Information Sharing for Visa Waiver Program
Countries.--
(1) Information sharing agreements.--
(A) Full implementation.--Section 217(c)(2)(F) of the
Immigration and Nationality Act (8 U.S.C. 1187(c)(2)(F)) is
amended by inserting ``, and fully implements within the time
frame determined by the Secretary of Homeland Security,''
after ``country enters into''.
(B) Federal air marshal agreement.--Section 217(c) of such
Act is amended--
(i) in paragraph (2), by adding at the end the following:
``(G) Federal air marshal agreement.--The government of the
country enters into, and complies with, an agreement with the
United States to assist in the operation of an effective air
marshal program.
``(H) Aviation standards.--The government of the country
complies with United States aviation and airport security
standards, as determined by the Secretary of Homeland
Security.''; and
(ii) in paragraph (9)--
(I) by striking subparagraph (B); and
(II) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively.
(C) Failure to fully implement information sharing
agreement.--Section 217(c)(5) of such Act (8 U.S.C.
1187(c)(5)) is amended--
(i) by redesignating subparagraph (C) as subparagraph (D);
and
(ii) by inserting after subparagraph (B) the following:
``(C) Failure to fully implement information sharing
agreement.--
``(i) Determination.--If the Secretary of Homeland
Security, in consultation with the Secretary of State,
determines that the government of a program country has
failed to fully implement the agreements set forth in
paragraph (2)(F), the country shall be terminated as a
program country.
``(ii) Redesignation.--Not sooner than 90 days after the
Secretary of Homeland Security, in consultation with the
Secretary of State, determines that a country that has been
terminated as a program country pursuant to clause (i) is now
in compliance with the requirement set forth in paragraph
(2)(F), the Secretary of Homeland Security may redesignate
such country as a program country.''.
[[Page S8552]]
(2) Advance passenger information earlier than 1 hour
before arrival.--
(A) In general.--Section 217(a)(10) of such Act (8 U.S.C.
1187(a)(10)) is amended by striking ``not less than one hour
prior to arrival'' and inserting ``as soon as practicable,
but not later than 1 hour before arriving''.
(B) Technical amendment.--Section 217(c)(3) of such Act is
amended, in the matter preceding subparagraph (A), by
striking ``the initial period--'' and inserting ``fiscal year
1989:''.
(b) Factors the Department of Homeland Security Shall
Consider for Visa Waiver Countries.--
(1) Consideration of country's capacity to identify
dangerous individuals.--Section 217(c)(4) of the Immigration
and Nationality Act (8 U.S.C. 1187(c)(4)), is amended to read
as follows:
``(4) Required security considerations for program
designation and continuation.--In determining whether a
country should be designated as a program country or whether
a program country should retain its designation as a program
country, the Secretary of Homeland Security shall consider
the following:
``(A) Capacity to collect, analyze, and share data
concerning dangerous individuals.--Whether the government of
the country--
``(i) collects and analyzes the information described in
subsection (a)(10), including advance passenger information
and passenger name records, and similar information
pertaining to flights not bound for the United States, to
identify potentially dangerous individuals who may attempt to
travel to the United States; and
``(ii) shares such information and the results of such
analyses with the Government of the United States.
``(B) Screening of traveler passports.--Whether the
government of the country--
``(i) regularly screens passports of air travelers against
INTERPOL's global database of Stolen and Lost Travel
Documents before allowing such travelers to enter or board a
flight arriving in or departing from that country, including
a flight destined for the United States; and
``(ii) regularly and promptly shares information concerning
lost or stolen travel documents with INTERPOL.
``(C) Biometric exchanges.--Whether the government of the
country, in addition to meeting the mandatory qualifications
set forth in paragraph (2)--
``(i) collects and analyzes biometric and other information
about individuals other than United States nationals who are
applying for asylum, refugee status, or another form of non-
refoulment protection in such country; and
``(ii) shares the information and the results of such
analyses with the Government of the United States.
``(D) Information sharing about foreign terrorist
fighters.--Whether the government of the country shares
intelligence about foreign fighters with the United States
and with multilateral organizations, such as INTERPOL and
EUROPOL.''.
(2) Failure to report stolen passports.--Section 217(f)(5)
of such Act is amended by inserting ``frequently and
promptly'' before ``reporting the theft''.
SEC. 204. BIOMETRIC SUBMISSION BEFORE ENTRY.
(a) Demonstration Program for Collection of Biometric
Information.--
(1) Initiation.--Not later than 6 months after the date of
the enactment of this Act, the Secretary of Homeland Security
shall initiate a demonstration program to conduct the advance
verification of biometric data from a random sample of aliens
entering the United States under the visa waiver program
established under section 217(a) of the Immigration and
Nationality Act (8 U.S.C. 1187(a)) that considers the factors
set out in paragraph (2).
(2) Factors.--In carrying out the demonstration program
initiated under paragraph (1), the Secretary shall consider--
(A) how to verify biometric data through a standardized and
reliable process or means by which an applicant under the
visa waiver program may submit biometric information with
relatively limited expense to the applicant;
(B) how to ensure necessary quality of biometric
information data verified prior to travel to minimize false
positive matches upon an applicant's seeking admission at a
United States port of entry;
(C) how to verify biometric information from an applicant
in a manner that confirms the identity of the applicant and
prevents, to the greatest extent practicable, the fraudulent
use of a person's identity; and
(D) other elements the Secretary determines are necessary
to create a scalable and reliable means of biometric
information verification for the visa waiver program.
(3) Completion.--The demonstration program initiated under
paragraph (1) shall be completed not later than 15 months
after the date of the enactment of this Act.
SEC. 205. VISA WAIVER PROGRAM ADMINISTRATION.
Section 217(h)(3)(B) of the Immigration and Nationality Act
(8 U.S.C. 1187(h)(3)(B)) is amended--
(1) in clause (i), by amending subclause (II) to read as
follows:
``(II) an amount to ensure recovery of the full costs of
providing and administering the System and implementing the
improvements to the program provided in the Visa Waiver
Program Security Enhancement Act.''; and
(2) by amending clause (ii) to read as follows:
``(ii) Disposition of amounts collected.--Amounts collected
under clause (i)(I) shall be credited to the Travel Promotion
Fund established under subsection (d) of the Trade Promotion
Act of 2009 (22 U.S.C. 2131(d)). Amounts collected under
clause (i)(II) shall be transferred to the general fund of
the Treasury and made available to pay the costs incurred to
administer the System and the improvements made by the Visa
Waiver Program Security Enhancement Act. The portion of the
fee collected under clause (i)(II) to recover the costs of
implementing such improvements may only be used for that
purpose.''.
Subtitle B--Keeping Firearms Away From Terrorists
SEC. 211. CLOSING THE VISA WAIVER PROGRAM GUN LOOPHOLE.
Section 922 of title 18, United States Code, is amended--
(1) in subsection (d)(5)(B), by inserting ``or pursuant to
the visa waiver program established under section 217(a) of
the Immigration and Nationality Act (8 U.S.C. 1187(a))''
before the semicolon at the end;
(2) in subsection (g)(5)(B), by inserting ``or pursuant to
the visa waiver program established under section 217(a) of
the Immigration and Nationality Act (8 U.S.C. 1187(a))''
before the semicolon at the end; and
(3) in subsection (y)--
(A) in the subsection heading, by inserting ``or Pursuant
to the Visa Waiver Program'' after ``Visas'';
(B) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``visa,'' and inserting ``visa or pursuant
to the visa waiver program established under section 217(a)
of the Immigration and Nationality Act (8 U.S.C. 1187(a)),'';
and
(C) in paragraph (3)(A), in the matter preceding clause
(i), by inserting ``or pursuant to the visa waiver program
established under section 217(a) of the Immigration and
Nationality Act (8 U.S.C. 1187(a))'' after ``visa''.
SEC. 212. CLOSING THE TERRORIST GUN LOOPHOLE.
(a) Standard for Exercising Attorney General Discretion
Regarding Transferring Firearms or Issuing Firearms Permits
to Dangerous Terrorists.--Chapter 44 of title 18, United
States Code, is amended--
(1) by inserting after section 922 the following:
``Sec. 922A. Attorney General's discretion to deny transfer
of a firearm
``The Attorney General may deny the transfer of a firearm
under section 922(t)(1)(B)(ii) of this title if the Attorney
General--
``(1) determines that the transferee is known (or
appropriately suspected) to be or have been engaged in
conduct constituting, in preparation for, in aid of, or
related to terrorism, or providing material support or
resources for terrorism; and
``(2) has a reasonable belief that the prospective
transferee may use a firearm in connection with terrorism.
``Sec. 922B. Attorney General's discretion regarding
applicants for firearm permits which would qualify for the
exemption provided under section 922(t)(3)
``The Attorney General may determine that--
``(1) an applicant for a firearm permit which would qualify
for an exemption under section 922(t)(3) is known (or
appropriately suspected) to be or have been engaged in
conduct constituting, in preparation for, in aid of, or
related to terrorism, or providing material support or
resources for terrorism; and
``(2) the Attorney General has a reasonable belief that the
applicant may use a firearm in connection with terrorism.'';
(2) in section 921(a), by adding at the end the following:
``(36) The term `terrorism' includes international
terrorism and domestic terrorism, as defined in section 2331
of this title.
``(37) The term `material support or resources' has the
meaning given the term in section 2339A of this title.
``(38) The term `responsible person' means an individual
who has the power, directly or indirectly, to direct or cause
the direction of the management and policies of the applicant
or licensee pertaining to firearms.''; and
(3) in the table of sections, by inserting after the item
relating to section 922 the following:
``922A. Attorney General's discretion to deny transfer of a firearm.
``922B. Attorney General's discretion regarding applicants for firearm
permits which would qualify for the exemption provided
under section 922(t)(3).''.
(b) Effect of Attorney General Discretionary Denial Through
the National Instant Criminal Background Check System (NICS)
on Firearms Permits.--Section 922(t) of title 18, United
States Code, is amended--
(1) in paragraph (1)(B)(ii), by inserting ``or State law,
or that the Attorney General has determined to deny the
transfer of a firearm pursuant to section 922A of this
title'' before the semicolon;
(2) in paragraph (2), in the matter preceding subparagraph
(A), by inserting ``, or if the Attorney General has not
determined to deny the transfer of a firearm pursuant to
section 922A of this title'' after ``or State law'';
(3) in paragraph (3)--
(A) in subparagraph (A)--
[[Page S8553]]
(i) in clause (i)--
(I) in subclause (I), by striking ``and'' at the end; and
(II) by adding at the end the following:
``(III) was issued after a check of the system established
pursuant to paragraph (1);'';
(ii) in clause (ii), by inserting ``and'' after the
semicolon; and
(iii) by adding at the end the following:
``(iii) the State issuing the permit agrees to deny the
permit application if such other person is the subject of a
determination by the Attorney General pursuant to section
922B of this title;'';
(4) in paragraph (4), by inserting ``, or if the Attorney
General has not determined to deny the transfer of a firearm
pursuant to section 922A of this title'' after ``or State
law''; and
(5) in paragraph (5), by inserting ``, or if the Attorney
General has determined to deny the transfer of a firearm
pursuant to section 922A of this title'' after ``or State
law''.
(c) Unlawful Sale or Disposition of Firearm Based Upon
Attorney General Discretionary Denial.--Section 922(d) of
title 18, United States Code, is amended--
(1) in paragraph (8), by striking ``or'' at the end;
(2) in paragraph (9), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(10) has been the subject of a determination by the
Attorney General under section 922A, 922B, 923(d)(3), or
923(e) of this title.''.
(d) Attorney General Discretionary Denial as Prohibitor.--
Section 922(g) of title 18, United States Code, is amended--
(1) in paragraph (8), by striking ``or'' at the end;
(2) in paragraph (9), by striking the comma at the end and
inserting ``; or''; and
(3) by inserting after paragraph (9) the following:
``(10) who has received actual notice of the Attorney
General's determination made under section 922A, 922B,
923(d)(3) or 923(e) of this title,''.
(e) Attorney General Discretionary Denial of Federal
Firearms Licenses.--Section 923(d) of title 18, United States
Code, is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``Any'' and inserting ``Except as provided
in paragraph (3), any''; and
(2) by adding at the end the following:
``(3) The Attorney General may deny a license application
if the Attorney General determines that the applicant
(including any responsible person) is known (or appropriately
suspected) to be or have been engaged in conduct
constituting, in preparation for, in aid of, or related to
terrorism, or providing material support or resources for
terrorism, and the Attorney General has a reasonable belief
that the applicant may use a firearm in connection with
terrorism.''.
(f) Discretionary Revocation of Federal Firearms
Licenses.--Section 923(e) of title 18, United States Code, is
amended--
(1) by inserting ``(1)'' after ``(e)'';
(2) by striking ``revoke any license'' and inserting the
following: ``revoke--
``(A) any license'';
(3) by striking ``. The Attorney General may, after notice
and opportunity for hearing, revoke the license'' and
inserting the following: ``;
``(B) the license''; and
(4) by striking ``. The Secretary's action'' and inserting
the following: ``; or
``(C) any license issued under this section if the Attorney
General determines that the holder of such license (including
any responsible person) is known (or appropriately suspected)
to be or have been engaged in conduct constituting, in
preparation for, in aid of, or related to terrorism or
providing material support or resources for terrorism, and
the Attorney General has a reasonable belief that the
applicant may use a firearm in connection with terrorism.
``(2) The Attorney General's action''.
(g) Attorney General's Ability To Withhold Information in
Firearms License Denial and Revocation Suit.--
(1) In general.--Section 923(f)(1) of title 18, United
States Code, is amended by inserting after the first sentence
the following: ``However, if the denial or revocation is
pursuant to subsection (d)(3) or (e)(1)(C), any information
upon which the Attorney General relied for this determination
may be withheld from the petitioner, if the Attorney General
determines that disclosure of the information would likely
compromise national security.''.
(2) Summaries.--Section 923(f)(3) of title 18, United
States Code, is amended by inserting after the third sentence
the following: ``With respect to any information withheld
from the aggrieved party under paragraph (1), the United
States may submit, and the court may rely upon, summaries or
redacted versions of documents containing information the
disclosure of which the Attorney General has determined would
likely compromise national security.''.
(h) Attorney General's Ability To Withhold Information in
Relief From Disabilities Lawsuits.--Section 925(c) of title
18, United States Code, is amended by inserting after the
third sentence the following: ``If the person is subject to a
disability under section 922(g)(10) of this title, any
information which the Attorney General relied on for this
determination may be withheld from the applicant if the
Attorney General determines that disclosure of the
information would likely compromise national security. In
responding to the petition, the United States may submit, and
the court may rely upon, summaries or redacted versions of
documents containing information the disclosure of which the
Attorney General has determined would likely compromise
national security.''.
(i) Penalties.--Section 924(k) of title 18, United States
Code, is amended--
(1) in paragraph (2), by striking ``or'' at the end;
(2) in paragraph (3), by striking the comma at the end and
inserting ``; or''; and
(3) by inserting after paragraph (3) the following:
``(4) constitutes an act of terrorism, or providing
material support or resources for terrorism,''.
(j) Remedy for Erroneous Denial of Firearm or Firearm
Permit Exemption.--
(1) In general.--Section 925A of title 18, United States
Code, is amended--
(A) in the section heading, by striking ``Remedy for
erroneous denial of firearm'' and inserting ``Remedies'';
(B) by striking ``Any person denied a firearm pursuant to
subsection (s) or (t) of section 922'' and inserting the
following:
``(a) Except as provided in subsection (b), any person
denied a firearm pursuant to subsection (t) of section 922 or
a firearm permit pursuant to a determination made under
section 922B''; and
(C) by adding at the end the following:
``(b) In any case in which the Attorney General has denied
the transfer of a firearm to a prospective transferee
pursuant to section 922A of this title or has made a
determination regarding a firearm permit applicant pursuant
to section 922B of this title, an action challenging the
determination may be brought against the United States. The
petition shall be filed not later than 60 days after the
petitioner has received actual notice of the Attorney
General's determination under section 922A or 922B of this
title. The court shall sustain the Attorney General's
determination upon a showing by the United States by a
preponderance of evidence that the Attorney General's
determination satisfied the requirements of section 922A or
922B, as the case may be. To make this showing, the United
States may submit, and the court may rely upon, summaries or
redacted versions of documents containing information the
disclosure of which the Attorney General has determined would
likely compromise national security. Upon request of the
petitioner or the court's own motion, the court may review
the full, undisclosed documents ex parte and in camera. The
court shall determine whether the summaries or redacted
versions, as the case may be, are fair and accurate
representations of the underlying documents. The court shall
not consider the full, undisclosed documents in deciding
whether the Attorney General's determination satisfies the
requirements of section 922A or 922B.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 44 of title 18, United States Code, is
amended by striking the item relating to section 925A and
inserting the following:
``925A. Remedies.''.
(k) Provision of Grounds Underlying Ineligibility
Determination by the National Instant Criminal Background
Check System.--Section 103 of the Brady Handgun Violence
Prevention Act (18 U.S.C. 922 note) is amended--
(1) in subsection (f)--
(A) by inserting ``or the Attorney General has made a
determination regarding an applicant for a firearm permit
pursuant to section 922B of title 18, United States Code,''
after ``is ineligible to receive a firearm''; and
(B) by inserting ``except any information for which the
Attorney General has determined that disclosure would likely
compromise national security,'' after ``reasons to the
individual,''; and
(2) in subsection (g)--
(A) the first sentence--
(i) by inserting ``or if the Attorney General has made a
determination pursuant to section 922A or 922B of title 18,
United States Code,'' after ``or State law,''; and
(ii) by inserting ``, except any information for which the
Attorney General has determined that disclosure would likely
compromise national security'' before the period at the end;
and
(B) by adding at the end the following: ``Any petition for
review of information withheld by the Attorney General under
this subsection shall be made in accordance with section 925A
of title 18, United States Code.''.
(l) Unlawful Distribution of Explosives Based Upon Attorney
General Discretionary Denial.--Section 842(d) of title 18,
United States Code, is amended--
(1) in paragraph (9), by striking the period and inserting
``; or''; and
(2) by adding at the end the following:
``(10) has received actual notice of the Attorney General's
determination made pursuant to subsection (j) or (d)(1)(B) of
section 843 of this title.''.
(m) Attorney General Discretionary Denial as Prohibitor.--
Section 842(i) of title 18, United States Code, is amended--
(1) in paragraph (7), by inserting ``; or'' at the end; and
(2) by inserting after paragraph (7) the following:
``(8) who has received actual notice of the Attorney
General's determination made pursuant to subsection (j) or
(d)(1)(B) of section 843 of this title,''.
(n) Attorney General Discretionary Denial of Federal
Explosives Licenses and
[[Page S8554]]
Permits.--Section 843 of title 18, United States Code, is
amended--
(1) in subsection (b), by striking ``Upon'' and inserting
``Except as provided in subsection (j), upon''; and
(2) by adding at the end the following:
``(j) The Attorney General may deny the issuance of a
permit or license to an applicant if the Attorney General
determines that the applicant or a responsible person or
employee possessor thereof is known (or appropriately
suspected) to be or have been engaged in conduct
constituting, in preparation of, in aid of, or related to
terrorism, or providing material support or resources for
terrorism, and the Attorney General has a reasonable belief
that the person may use explosives in connection with
terrorism.''.
(o) Attorney General Discretionary Revocation of Federal
Explosives Licenses and Permits.--Section 843(d) of title 18,
United States Code, is amended--
(1) by inserting ``(1)'' after ``(d)'';
(2) by striking ``if in the opinion'' and inserting the
following: ``if--
``(A) in the opinion''; and
(3) by striking ``. The Secretary's action'' and inserting
the following: ``; or
``(B) the Attorney General determines that the licensee or
holder (or any responsible person or employee possessor
thereof) is known (or appropriately suspected) to be or have
been engaged in conduct constituting, in preparation for, in
aid of, or related to terrorism, or providing material
support or resources for terrorism, and that the Attorney
General has a reasonable belief that the person may use
explosives in connection with terrorism.
``(2) The Attorney General's action''.
(p) Attorney General's Ability To Withhold Information in
Explosives License and Permit Denial and Revocation Suits.--
Section 843(e) of title 18, United States Code, is amended--
(1) in paragraph (1), by inserting after the first sentence
the following: ``However, if the denial or revocation is
based upon an Attorney General determination under subsection
(j) or (d)(1)(B), any information which the Attorney General
relied on for this determination may be withheld from the
petitioner if the Attorney General determines that disclosure
of the information would likely compromise national
security.''; and
(2) in paragraph (2), by adding at the end the following:
``In responding to any petition for review of a denial or
revocation based upon an Attorney General determination under
subsection (j) or (d)(1)(B), the United States may submit,
and the court may rely upon, summaries or redacted versions
of documents containing information the disclosure of which
the Attorney General has determined would likely compromise
national security.''.
(q) Ability To Withhold Information in Communications to
Employers.--Section 843(h)(2) of title 18, United States
Code, is amended--
(1) in subparagraph (A), by inserting ``or in subsection
(j) of this section (on grounds of terrorism)'' after
``section 842(i)''; and
(2) in subparagraph (B)--
(A) in the matter preceding clause (i), by inserting ``or
in subsection (j) of this section,'' after ``section
842(i),''; and
(B) in clause (ii), by inserting ``, except that any
information that the Attorney General relied on for a
determination pursuant to subsection (j) may be withheld if
the Attorney General concludes that disclosure of the
information would likely compromise national security'' after
``determination''.
(r) Conforming Amendment to Immigration and Nationality
Act.--Section 101(a)(43)(E)(ii) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(43)(E)(ii)) is amended by
striking ``or (5)'' and inserting ``(5), or (10)''.
(s) Guidelines.--
(1) In general.--The Attorney General shall issue
guidelines describing the circumstances under which the
Attorney General will exercise the authority and make
determinations under subsections (d)(1)(B) and (j) of section
843 and sections 922A and 922B of title 18, United States
Code, as amended by this Act.
(2) Contents.--The guidelines issued under paragraph (1)
shall--
(A) provide accountability and a basis for monitoring to
ensure that the intended goals for, and expected results of,
the grant of authority under subsections (d)(1)(B) and (j) of
section 843 and sections 922A and 922B of title 18, United
States Code, as amended by this Act, are being achieved; and
(B) ensure that terrorist watch list records are used in a
manner that safeguards privacy and civil liberties
protections, in accordance with requirements outlines in
Homeland Security Presidential Directive 11 (dated August 27,
2004).
Subtitle C--Strengthening Aviation Security
SEC. 221. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Transportation Security Administration.
(2) TSA.--The term ``TSA'' means the Transportation
Security Administration.
PART I--TRANSPORTATION SECURITY ADMINISTRATION WORKFORCE TRAINING AND
PROCEDURES
SEC. 226. TRANSPORTATION SECURITY OFFICER TRAINING.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Administrator shall conduct a
review of the initial and recurrent training provided to
transportation security officers who operate airport security
checkpoints and conduct baggage screening.
(b) Requirements.--The review under subsection (a) shall
include--
(1) training to identify and respond to evolving terrorism
and security threats; and
(2) an identification of any gaps in current training.
(c) Comprehensive Training Plan.--
(1) In general.--The Administrator shall develop a
comprehensive plan for training transportation security
officers based on the review under subsection (a).
(2) Requirements.--The training plan shall include--
(A) training for new hires;
(B) recurrent training for employees, at regular intervals;
(C) training for managers;
(D) education regarding TSA functions and responsibilities
outside the scope of the transportation security officer's
own position;
(E) education regarding TSA's mission and role in the
Federal interagency counter-terrorism efforts;
(F) training on the tools and equipment that may be used in
security operations; and
(G) regular briefings highlighting current threats.
(d) Report.--Not later than 270 days after the date of the
enactment of this Act, the Administrator shall report to
Congress on the progress of implementing the comprehensive
training plan developed under subsection (b).
PART II--ACCESS CONTROLS
SEC. 231. INSIDER THREATS.
(a) In General.--The Administrator shall conduct a review
of airport security to identify any insider threat
vulnerabilities in aviation, and of the programs and
practices currently in place to mitigate the risk of insider
threats to aviation security.
(b) Requirements.--In conducting the review required by
subsection (a), the Administrator shall consider--
(1) available intelligence from domestic and international
law enforcement and intelligence agencies;
(2) a review of vulnerabilities across the national
aviation system; and
(3) possible attack scenarios or adversary pathways that
represent the greatest insider threat to aviation security.
(c) Plan.--Upon completion of the review required by
subsection (a), the Administrator shall develop a plan to
address any identified insider threat vulnerabilities,
including any recommended changes to the programs and
practices the Administrator considers necessary to
successfully address the vulnerabilities.
(d) Report.--Not later than 30 days after the date the plan
under subsection (c) is developed, the Administrator shall
transmit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Homeland
Security of the House of Representatives a report detailing
the plan.
(e) Staffing.--If in conducting the review under subsection
(a), the Administrator determines that additional TSA
staffing is required to reduce any insider threat risk that
an aviation worker may pose to airport security, the
Administrator shall transmit to Congress a report describing
the additional TSA staffing needs, including additional
officers to conduct random aviation worker screening.
(f) Testing.--The Administrator shall direct the Office of
Inspection to increase testing to identify insider threat
vulnerabilities within the entire airport system, including
red-team and covert testing.
(g) Authorization of Appropriations.--There is authorized
to be appropriated such sums as may be necessary to carry out
subsections (e) and (f).
SEC. 232. AVIATION WORKERS VETTING.
(a) TSDB Information.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Director of the Federal Bureau
of Investigation, in coordination with the heads of all
appropriate agencies, shall make available to the
Administrator all names and identifying information from
records within the Terrorist Screening Database of the
Federal Bureau of Investigations' Terrorist Screening Center
in a manner that will permit the Administrator to conduct
such automated vetting as the Administrator determines to be
necessary to effectively administer the credential vetting
program for individuals with unescorted access to sensitive
transportation environments, such as but not limited to
secure areas of airports, on board aircraft, or in the
vicinity of cargo or property that will be transported by
air.
(2) Permissible uses.--The Administrator is authorized to
use the information described in paragraph (1) when
determining whether to approve an airport or air carrier to
issue an individual credentials, access to a trusted
population, or other security privileges.
(b) Review of Disqualifying Criminal Offenses.--The
Administrator shall review the existing list of disqualifying
criminal offenses for aviation workers to determine the
applicability of the list and potential need for modification
in light of current threats.
(c) Comprehensive Database.--
(1) In general.--The Administrator shall review the
existing database for aviation workers who have been issued
identification media by an airport and take appropriate
measures to enhance the database to include--
[[Page S8555]]
(A) for each aviation worker with unescorted access to a
secured area--
(i) the record of the aviation worker's background check,
including the status and date it was performed;
(ii) a photo or other biometric data the Administrator
determines necessary to improve aviation security, either
from identification credential or other verified means;
(iii) legal name, as shown on an acceptable Federal or
State government issued identity document;
(iv) current address;
(v) any instances of misuse or loss of credentials issued
to individuals for unescorted access to sensitive air
transportation environments; and
(vi) if applicable, length of authorization to work in the
United States;
(B) the capability to add additional information
requirements; and
(C) such other categories of information as the
Administrator considers necessary to effectively administer
the Administration's credential vetting program for
individuals with unescorted access to sensitive air
transportation environments.
(2) Database construction.--In enhancing the database
information required under paragraph (1), the Administrator
may work with Federal agencies, contractors, or other third
parties.
(3) GAO report.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General of the
United States shall conduct a review of, and report to
Congress on, the progress to implement the database changes
required by paragraph (1), including a review of any
obstacles to implementation.
(d) Name Formats.--The Administrator shall communicate
clear instructions to all airport operators and air carriers
regarding the recommended or required name format and method
of submission for background checks and aviation worker
vetting for unescorted access to sensitive air transportation
environments.
(e) Report.--Not later than 18 months after the date of the
enactment of this Act, the Administrator shall submit to
Congress a report detailing any obstacles to the effective
vetting of aviation workers with, or applying for, unescorted
access to sensitive transportation environments, including--
(1) any issues accessing databases maintained by other
Federal agencies, including the Federal Bureau of
Investigation and any other agency that contributes to watch
lists;
(2) incomplete identification information provided by
aviation workers or airport operators;
(3) specific airport operators that consistently fail to
report information required under subsection (c)(1) to the
TSA; and
(4) any unnecessary delay in inputting aviation worker data
into the database.
(f) Waiver Process for Denied Credentials.--The
Administrator shall establish a waiver process for issuing
credentials for unescorted access to sensitive air
transportation environments, such as Security Identification
Display Area (SIDA) credentials, for an individual found to
be otherwise ineligible for such credentials. In establishing
the waiver process, the Administrator shall--
(1) give consideration to the circumstances of any
disqualifying act or offense, restitution made by the
individual, Federal and State mitigation remedies, and other
factors from which it may be concluded that the individual
does not pose a terrorism risk warranting denial of the card;
and
(2) consider the appeals and waiver process established
under section 70105(c) of title 46, United States Code.
(g) Review of Credential Media.--
(1) In general.--The Administrator shall review available
media credentials used for unescorted access to sensitive air
transportation environments to determine whether technology
is available--
(A) to make a meaningful improvement upon existing
credentials technology;
(B) to strengthen airport security, through biometrics or
other technologies;
(C) to effectively or more effectively prevent fraudulent
replication of credentials; and
(D) that is cost-effective.
(2) Pilot program.--Based upon the findings of the review
in paragraph (1), the Administrator may conduct a pilot
program to test new access media at airports.
(h) Real-time, Continuous Vetting for Criminal History
Records Check.--The Administrator shall work with the
Director of the Federal Bureau of Investigation to implement
the Rap Back Service from the Federal Bureau of
Investigation's Next Generation Identification program for
purposes of vetting individuals with unescorted access to
sensitive transportation environments.
(i) Review.--The Administrator may review and update the
procedures for aviation workers with escorted access to
sensitive transportation environments.
SEC. 233. INFRASTRUCTURE.
(a) Grant Program.--To assist airports in reducing the
number of secure access points for employees to the practical
minimum, the Secretary of Homeland Security shall create a
grant program to assist airports in carrying out the
necessary construction to address attack scenarios or
adversary pathways and mitigate the insider threat.
(b) Authorization of Appropriations.--There is authorized
to be appropriated such sums as may be necessary to carry out
the grant program under subsection (a).
SEC. 234. VISIBLE DETERRENT.
Section 1303(a) of the Implementing Recommendations of the
9/11 Commission Act of 2007 (6 U.S.C. 1112(a)) is amended--
(1) in paragraph (3), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (4), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(5) shall require that a VIPR team deployed to an airport
conduct operations in the areas to which only individuals
issued security credentials have unescorted access.''.
PART III--TRANSPORTATION SECURITY ADMINISTRATION INNOVATION AND
TECHNOLOGY
SEC. 241. RESEARCH.
(a) In General.--The Administrator, in coordination with
the Under Secretary for Science and Technology, and in
consultation with the Secretary of Defense, the Secretary of
Energy, and the heads of other relevant Federal agencies,
shall review existing or ongoing Federal research that may
contribute to the development of screening tools and
equipment for TSA's mission.
(b) Additional Research.--After completing the review under
paragraph (1), the Administrator and the Under Secretary for
Science and Technology shall coordinate with the heads of
relevant Federal research agencies to pursue research that
may lead to advances in passenger and baggage screening
technology.
(c) Research Universities.--To the extent the TSA is
authorized to disclose information relating to its threat
detection capabilities, the Administrator may partner with 1
or more research universities in the United States to conduct
research into the hardware and software to screen passengers
and baggage.
SEC. 242. PUBLIC-PRIVATE PARTNERSHIPS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Administrator or Under
Secretary for Science and Technology shall convene a working
group of screening technology users from the private sector
for the purpose of fostering public-private partnerships.
(b) Members.--The working group shall include
representatives of private sector entities, such as major
sports leagues and operators of large scale resort parks,
which have implemented or are investing in the development of
screening security solutions intended to expeditiously screen
high volumes of individuals and personal belongings.
(c) Duties.--The focus of the working group shall be to
provide recommendations to the Administrator--
(1) to ensure better coordination between the TSA and such
private sector entities;
(2) to enable the TSA to take advantage of new screening
technologies developed for the private sector;
(3) to foster public-private partnership principles; and
(4) to leverage and maximize the use of private sector
capital, whenever appropriate.
SEC. 243. REPORT.
Not later than 180 days after the date of the enactment of
this Act, the Administrator shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Homeland Security of the House of
Representatives a report regarding TSA's efforts to encourage
public-private cooperation and encourage innovative airport
security ideas.
PART IV--IMPROVING INTERNATIONAL COORDINATION TO TRACK TERRORISTS
SEC. 251. COORDINATION WITH INTERNATIONAL AUTHORITIES.
The Administrator shall--
(1) encourage maximum coordination with international
counterparts to ensure security best practices are shared and
implemented to enhance aviation security globally; and
(2) whenever appropriate, seek to increase the
opportunities the TSA has to leverage its knowledge and
expertise to promote greater international cooperation in
enhancing aviation security globally, including increased
information sharing, personnel exchanges, and aviation worker
vetting.
SEC. 252. SENSE OF CONGRESS ON COOPERATION TO TRACK
TERRORISTS TRAVELING BY AIR.
It is the sense of Congress that the United States should--
(1) closely cooperate with the European Union as the
European Union develops and implements its new program to
store information on passengers traveling on commercial air
carriers in and out of the European Union; and
(2) encourage the dissemination of such information within
the European Union and the United States for law enforcement
and national security purposes.
Subtitle D--Strengthening Security of Radiological Materials
SEC. 261. PREVENTING TERRORIST ACCESS TO DOMESTIC
RADIOLOGICAL MATERIALS.
(a) Commercial Licenses.--Section 103 of the Atomic Energy
Act of 1954 (42 U.S.C. 2133) is amended--
(1) in subsection d., in the third sentence, by inserting
``under a circumstance described in subsection g., or'' after
``within the United States''; and
(2) by adding at the end the following:
``g. In addition to the limitations described in subsection
d. and the limitations provided at the discretion of the
Commission, the Commission shall not grant a license to any
individual who is--
``(1) listed in the terrorist screening database maintained
by the Federal Government
[[Page S8556]]
Terrorist Screening Center of the Federal Bureau of
Investigation; or
``(2) convicted of any offense under any Federal, State, or
local law or ordinance, an element of which is--
``(A) engaging in conduct constituting, in preparation of,
in aid of, or related to terrorism;
``(B) providing material support or resources for
terrorism; or
``(C) the making of a terrorist threat.
``h. The Commission shall suspend immediately any license
granted under this section if the Commission discovers that
the licensee is providing unescorted access to any employee
who is--
``(1) listed in the terrorist screening database maintained
by the Federal Government Terrorist Screening Center of the
Federal Bureau of Investigation; or
``(2) convicted of any offense under any Federal, State, or
local law or ordinance, an element of which is--
``(A) engaging in conduct constituting, in preparation of,
in aid of, or related to terrorism;
``(B) providing material support or resources for
terrorism; or
``(C) the making of a terrorist threat.
``i. The Commission may lift the suspension of a license
made pursuant to subsection h. if--
``(1) the licensee has revoked unescorted access privileges
to the employee;
``(2) the licensee has alerted the appropriate Federal,
State, and local law enforcement offices of the provision and
revocation of unescorted access to the employee; and
``(3) the Commission has conducted a review of the security
of the licensee and determined that reinstatement of the
licensee would not be inimical to the national security
interests of the United States.''.
(b) Medical Therapy and Research and Development.--Section
104 of the Atomic Energy Act of 1954 (42 U.S.C. 2134) is
amended--
(1) in subsection d., in the third sentence, by inserting
``under a circumstance described in subsection e., or'' after
``within the United States''; and
(2) by adding at the end the following:
``e. In addition to the limitations described in subsection
d. and the limitations provided at the discretion of the
Commission, the Commission shall not grant a license to any
individual who is--
``(1) listed in the terrorist screening database maintained
by the Federal Government Terrorist Screening Center of the
Federal Bureau of Investigation; or
``(2) convicted of any offense under any Federal, State, or
local law or ordinance, an element of which is--
``(A) engaging in conduct constituting, in preparation of,
in aid of, or related to terrorism;
``(B) providing material support or resources for
terrorism; or
``(C) the making of a terrorist threat.
``f. The Commission shall suspend immediately any license
granted under this section if the Commission discovers that
the licensee is providing unescorted access to any employee
who is--
``(1) listed in the terrorist screening database maintained
by the Federal Government Terrorist Screening Center of the
Federal Bureau of Investigation; or
``(2) convicted of any offense under any Federal, State, or
local law or ordinance, an element of which is--
``(A) engaging in conduct constituting, in preparation of,
in aid of, or related to terrorism;
``(B) providing material support or resources for
terrorism; or
``(C) the making of a terrorist threat.
``g. The Commission may lift the suspension of a license
made pursuant to subsection f. if--
``(1) the licensee has revoked unescorted access privileges
to the employee;
``(2) the licensee has alerted the appropriate Federal,
State, and local law enforcement offices of the provision and
revocation of unescorted access to the employee; and
``(3) the Commission has conducted a review of the security
of the licensee and determined that reinstatement of the
licensee would not be inimical to the national security
interests of the United States.''.
SEC. 262. STRATEGY FOR SECURING HIGH ACTIVITY RADIOLOGICAL
SOURCES.
(a) In General.--The Administrator for Nuclear Security
shall--
(1) in coordination with the Chairman of the Nuclear
Regulatory Commission and the Secretary of Homeland Security,
develop a strategy to enhance the security of all high
activity radiological sources as soon as possible; and
(2) not later than 120 days after such date of enactment,
submit to the appropriate congressional committees a report
describing the strategy required by paragraph (1).
(b) Elements.--The report required by subsection (a)(2)
shall include the following:
(1) A description of activities of the National Nuclear
Security Administration, ongoing as of the date of the
enactment of this Act--
(A) to secure high activity domestic radiological sources;
and
(B) to secure radiological materials internationally and to
prevent their illicit trafficking as part of the broader
Global Nuclear Detection Architecture.
(2) A list of any gaps in the legal authority of United
States Government agencies needed to secure all high activity
radiological sources.
(3) An estimate of the cost of securing all high activity
domestic radiological sources.
(4) A list, in the classified annex authorized by
subsection (c), of all high activity domestic radiological
sources at sites at which enhanced physical security measures
that comply with the requirements of the Office of Global
Material Security of the National Nuclear Security
Administration are not in effect.
(c) Form of Report.--The report required by subsection (a)
shall be submitted in unclassified form and shall include a
classified annex.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee on
Energy and Natural Resources, the Committee on Environment
and Public Works, and the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Committee on Armed Services, the Committee on
Energy and Commerce, and the Committee on Homeland Security
of the House of Representatives.
(2) High activity domestic radiological material.--The term
``high activity domestic radiological source'' means Category
1 or 2 quantities of radiological material, as determined by
the Nuclear Regulatory Commission, located at a site in the
United States.
(3) Secure.--The terms ``secure'' and ``security'', with
respect to high activity radiological sources, refer to all
activities to prevent terrorists from acquiring such sources,
including enhanced physical security and tracking measures,
removal and disposal of disused sources, replacement of such
sources with nonradiological technologies where feasible, and
detection of illicit trafficking.
SEC. 263. OUTREACH TO STATE AND LOCAL LAW ENFORCEMENT
AGENCIES ON RADIOLOGICAL THREATS.
Section 201(d) of the Homeland Security Act of 2002 (6
U.S.C. 121(d)) is amended by adding at the end the following:
``(26)(A) Not later than every 2 years, the Secretary shall
submit a written certification to Congress that the field
staff of the Department have briefed State and local law
enforcement representatives about radiological security
threats.
``(B) A briefing conducted under subparagraph (A) shall
include information on--
``(i) the presence and current security status of all high
activity domestic radiological sources housed within the
jurisdiction of the law enforcement agency being briefed;
``(ii) the threat that high activity domestic radiological
sources could pose to their communities and to the national
security of the United States if these sources were lost,
stolen or subject to sabotage by criminal or terrorist
actors; and
``(iii) guidelines and best practices for mitigating the
impact of emergencies involving high activity domestic
radiological sources.
``(C) The National Nuclear Security Administration, the
Nuclear Regulatory Commission, and Federal law enforcement
agencies shall provide information to the Department in order
for the Secretary to submit the written certification
described in subparagraph (A).
``(D) A written certification described in subparagraph (A)
shall include a report on the activity of the field staff of
the Department to brief State and local law enforcement
representatives, including, as provided to the field staff of
the Department by State and Local law enforcement agencies--
``(i) an aggregation of incidents regarding high activity
domestic radiological sources; and
``(ii) information on current activities undertaken to
address the vulnerabilities of these high activity domestic
radiological sources.
``(E) In this paragraph, the term `high activity domestic
radiological sources' means category 1 quantity and category
2 quantity radiological materials, as determined by the
Nuclear Regulatory Commission.''.
Subtitle E--Stopping Homegrown Extremism
SEC. 271. AUTHORIZATION OF THE OFFICE FOR COMMUNITY
PARTNERSHIPS 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 COMMUNITY PARTNERSHIPS.
``(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 violence as a method of advancing a cause.
``(b) Establishment.--There is in the Department an Office
for Community Partnerships.
``(c) Head of Office.--The Office for Community
Partnerships shall be headed by an Assistant Secretary for
Community Partnerships, who shall be designated by the
Secretary.
``(d) Deputy Assistant Secretary; Assignment of
Personnel.--The Secretary shall--
``(1) designate a career Deputy Assistant Secretary for
Community Partnerships; and
[[Page S8557]]
``(2) assign or hire, as appropriate, permanent staff to
the Office for Community Partnerships.
``(e) Responsibilities.--The Assistant Secretary for
Community Partnerships shall be responsible for the
following:
``(1) 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:
``(A) Partnering with communities to address
vulnerabilities that can be exploited by violent extremists
in the United States and explore potential remedies for
government and non-government institutions.
``(B) Working with civil society groups and communities to
counter violent extremist propaganda, messaging, or
recruitment.
``(C) 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.
``(D) Ensuring relevant information, research, and products
inform efforts to counter violent extremism.
``(E) Developing and maintaining Department-wide plans,
strategy guiding 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 non-government efforts to counter violent extremism,
as well as the best practices and lessons learned of 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.
``(F) 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.
``(G) 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 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 non-
governmental partners to utilize such research and analysis.
``(H) Assessing the methods used by violent extremists to
disseminate propaganda and messaging to communities at risk
for recruitment by violent extremists.
``(2) Developing a digital engagement strategy that expands
the outreach efforts of the Department to counter violent
extremist messaging by--
``(A) exploring ways to utilize relevant Internet and other
technologies and social media platforms; and
``(B) maximizing other resources available to the
Department.
``(3) Serving as the primary representative of the
Department in coordinating countering violent extremism
efforts with other Federal departments and agencies and non-
governmental organizations.
``(4) Serving as the primary Department-level
representative in coordinating with the Department of State
on international countering violent extremism issues.
``(5) 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.
``(6) 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.
``(7) Administering the assistance described in subsection
(f).
``(f) Grants to Counter Violent Extremism.--
``(1) In general.--In accordance with this subsection, the
Secretary may award grants or cooperative agreements directly
to eligible recipients identified in paragraph (2) to support
the efforts of local communities in the United States to
counter violent extremism.
``(2) Eligible recipients.--The Secretary may award
competitive grants or cooperative agreements based on need
directly to--
``(A) States;
``(B) local governments;
``(C) tribal governments;
``(D) nonprofit organizations; or
``(E) institutions of higher education.
``(3) Use of funds.--Each entity receiving a grant or
cooperative agreement under this subsection shall use the
grant or cooperative agreement for 1 or more of the following
purposes:
``(A) To train or exercise for countering violent
extremism, including building training or exercise programs
designed to improve cultural competency and to ensure that
communities, government, and law enforcement receive
accurate, intelligence-based information about the dynamics
of radicalization to violence.
``(B) To develop, implement, or expand programs or projects
with communities to discuss violent extremism or to engage
communities that may be targeted by violent extremist
radicalization.
``(C) To develop and implement projects that partner with
local communities to prevent radicalization to violence.
``(D) To develop and implement a comprehensive model for
preventing violent extremism in local communities, including
existing initiatives of State or local law enforcement
agencies and existing mechanisms for engaging the resources
and expertise available from a range of social service
providers, such as education administrators, mental health
professionals, and religious leaders.
``(E) To educate the community about countering violent
extremism, including the promotion of community-based
activities to increase the measures taken by the community to
counter violent extremism.
``(F) To develop or assist social service programs that
address root causes of violent extremism and develop, build,
or enhance alternatives for members of local communities that
may be targeted by violent extremism.
``(G) To develop or enhance State or local government
initiatives that facilitate and build overall capacity to
address the threats post by violent extremism.
``(H) To support such other activities, consistent with the
purposes of this subsection, as the Secretary determines
appropriate.
``(4) Grant guidelines.--
``(A) In general.--For each fiscal year, before awarding a
grant or cooperative agreement under this subsection, the
Secretary shall develop guidelines published in a notice of
funding opportunity that describe--
``(i) the process for applying for grants and cooperative
agreements under this subsection;
``(ii) the criteria that the Secretary will use for
selecting recipients based on the need demonstrated by the
applicant; and
``(iii) the requirements that recipients must follow when
utilizing funds under this subsection to conduct training and
exercises and otherwise engage local communities regarding
countering violent extremism.
``(B) Considerations.--In developing the requirements under
subparagraph (A)(iii), the Secretary shall consider the
following:
``(i) Training objectives should be clearly defined to meet
specific countering violent extremism goals, such as
community engagement, cultural awareness, or community-based
policing.
``(ii) Engaging diverse communities in the United States to
counter violent extremism may require working with local
grassroots community organizations to develop engagement and
outreach initiatives.
``(iii) Training programs should--
``(I) be sensitive to Constitutional values, such as
protecting fundamental civil rights and civil liberties, and
eschew notions of racial and ethnic profiling; and
``(II) adhere to the standards and ethics of the
Department, ensuring that the clearly defined objectives are
in line with the strategies of the Department to counter
violent extremism.
``(iv) Establishing vetting procedures for self-selected
countering violent extremism training experts who offer
programs that may claim to counter violent extremism, but
serve to demonize certain individuals or whole cross sections
of a community.
``(v) Providing a review process to determine if countering
violent extremism training focuses on community engagement
and outreach.
``(vi) Providing support to law enforcement to enhance
knowledge, skills, and abilities to increase engagement
techniques with diverse communities in the United States.
``(g) 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
Community Partnerships shall submit to Congress an annual
report on the Office for Community Partnerships, which shall
include--
``(1) a description of the status of the programs and
policies of the Department for countering violent extremism
in the United States;
``(2) a description of the efforts of the Office for
Community Partnerships 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; and
``(4) an accounting of--
``(A) grants awarded by the Department to counter violent
extremism; and
``(B) all training specifically aimed at countering violent
extremism sponsored by the Department.''.
(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(Public Law 107-296; 116 Stat. 2135) is amended by inserting
after the item relating to section 103 the following:
``Sec. 104. Office for Community Partnerships.''.
[[Page S8558]]
SEC. 272. RESEARCH AND EVALUATION PROGRAM FOR DOMESTIC
RADICALIZATION.
(a) In General.--The Attorney General, acting through the
Office of Justice Programs, may engage in research and
evaluation activities, including awarding grants to units of
local government, nonprofit organizations, and institutions
of higher education (as defined in section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002)), to identify causes
of violent extremism and related phenomena and advance
evidence-based strategies for effective prevention and
intervention.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $4,000,000 for
each of fiscal years 2016 through 2019.
Subtitle F--Comprehensive Independent Study of National Cryptography
Policy
SEC. 281. COMPREHENSIVE INDEPENDENT STUDY OF NATIONAL
CRYPTOGRAPHY POLICY.
(a) Study by National Research Council.--Not later than 90
days after the date of the enactment of this Act, the
National Research Council shall commence a comprehensive
study on cryptographic technologies and national cryptography
policy.
(b) Matters to Be Assessed in Study.--The study required
under subsection (a) shall--
(1) assess current and future development in encryption
technology, including how such technology is likely to be
deployed by both United States and international industries;
(2) assess the effect of cryptographic technologies on--
(A) national security interests of the United States
Government;
(B) law enforcement interests of the United States
Government;
(C) commercial interests of United States industry;
(D) privacy interests of United States citizens; and
(E) activities of the United States Government to promote
human rights and Internet freedom; and
(3) consider the conclusions and recommendations of the
report issued by the National Research Council in 1996
entitled ``Cryptography's Role in Securing the Information
Society''.
(c) Cooperation With Study.--
(1) In general.--The Director of National Intelligence, the
Attorney General, the Secretary of Defense, the Secretary of
Commerce, and the Secretary of State shall direct all
appropriate departments and agencies to cooperate fully with
the National Research Council in its activities in carrying
out the study required under subsection (a).
(2) National research council.--The National Research
Council shall cooperate with United States entities that have
an interest in encryption policy, including United States
industry and nonprofit organizations.
(d) Report.--The National Research Council shall complete
the study and submit to the Committee on the Judiciary, the
Committee on Commerce, Science, and Transportation, the
Committee on Foreign Relations, and the Select Committee on
Intelligence of the Senate and to the Committee on the
Judiciary, the Committee on Foreign Affairs, the Committee on
Energy and Commerce, and the Permanent Select Committee on
Intelligence of the House of Representatives, a report on the
study within approximately two years after full processing of
security clearances under subsection (e). The report on the
study shall set forth the Council's findings and conclusions
and the recommendations of the Council for improvements in
cryptography policy and procedures. The report shall be
submitted in unclassified form, with classified annexes as
necessary.
(e) Expedited Processing of Security Clearances for
Study.--For the purpose of facilitating the commencement of
the study under this section, the appropriate departments,
agencies, and elements of the executive branch shall expedite
to the fullest degree possible the processing of security
clearances that are necessary for the National Research
Council to conduct the study required under subsection (a).
Subtitle G--Law Enforcement Training
SEC. 291. LAW ENFORCEMENT TRAINING FOR ACTIVE SHOOTER
INCIDENTS.
Section 2006(a)(2) of the Homeland Security Act of 2002 (6
U.S.C. 607(a)(2)) is amended--
(1) by redesignating subparagraphs (E) through (I) as
subparagraphs (F) through (J), respectively; and
(2) by inserting after subparagraph (D) the following new
subparagraph:
``(E) training exercises to enhance preparedness for and
response to active shooter incidents and security events at
public locations;''.
SEC. 292. ACTIVE SHOOTER INCIDENT RESPONSE ASSISTANCE.
(a) In General.--The Secretary of Homeland Security shall,
in consultation with the Attorney General and other Federal
agencies as appropriate, provide technical assistance to
State, local, tribal, territorial, private sector, and
nongovernmental partners for the development of response
plans for active shooter incidents in publicly accessible
spaces, including facilities that have been identified by the
Department of Homeland Security as potentially vulnerable
targets.
(b) Types of Plans.--The response plans developed under
subsection (a) may include, but are not limited to, the
following elements:
(1) A strategy for evacuating and providing care to persons
inside the publicly accessible space, with consideration
given to the needs of persons with disabilities.
(2) A plan for establishing a unified command, including
identification of staging areas for law enforcement and fire
response.
(3) A schedule for regular testing of communications
equipment used to receive emergency calls.
(4) An evaluation of how emergency calls placed by persons
inside the publicly accessible space will reach police in an
expeditious manner.
(5) A practiced method and plan to communicate with
occupants of the publicly accessible space.
(6) A practiced method and plan to communicate with the
surrounding community regarding the incident and the needs of
Federal, State, and local officials.
(7) A plan for coordinating with volunteer organizations to
expedite assistance for victims.
(8) To the extent practicable, a projected maximum time
frame for law enforcement response to active shooters, acts
of terrorism, and incidents that target the publicly
accessible space.
(9) A schedule for joint exercises and training.
(c) Report to Congress.--Not later than 180 days after the
date of enactment of this Act, the Secretary of Homeland
Security shall submit to the Committee on Homeland Security
and Governmental Affairs of the Senate, the Committee on the
Judiciary of the Senate, the Committee on Homeland Security
of the House of Representatives, and the Committee on the
Judiciary of the House of Representatives a report on
findings resulting from technical assistance provided under
subsection (a), including an analysis of the level of
preparedness to respond to active shooter incidents in
publicly accessible spaces.
(d) Best Practices.--The Secretary of Homeland Security, in
consultation with the Attorney General, shall--
(1) identify best practices for security incident planning,
management, and training for responding to active shooter
incidents in publicly accessible spaces; and
(2) establish a mechanism through which to share such best
practices with State, local, tribal, territorial, private
sector, and nongovernmental partners.
SEC. 293. GRANTS TO STATE AND LOCAL LAW ENFORCEMENT AGENCIES
FOR ANTITERRORISM TRAINING PROGRAMS.
(a) In General.--The Attorney General may award grants to
develop and implement antiterrorism training and technical
assistance programs for State, local, and tribal law
enforcement.
(b) Use of Grant Amounts.--A grant awarded under subsection
(a) may be used--
(1) to provide specialized antiterrorism detection,
investigation, and interdiction training and related services
to State, local, and tribal law enforcement agencies and
prosecution authorities, which may include workshops, on-site
and online training courses, joint training and activities
with and focusing on community stakeholders and partnerships,
educational materials and resources, or other training means
as necessary; and
(2) to identify antiterrorism-related training needs at the
State, local, and tribal level and conduct customized
training programs to address those needs.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $5,000,000 for
each fiscal year.
____________________