[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.

                          ____________________