HR1955OCT26

The Secretary of Homeland Security is directed to establish a grant program to prevent the radicalization (defined as the use of extremist belief systems for facilitating ideologically-based violence) and homegrown terrorism (HT) in the US. The Secretary must also establish or designate a university-based Center of Excellence for the Study of Radicalization and HT and conduct a survey of methodologies implemented by foreign nations to prevent the same. The bill adds that DHS’ efforts to prevent ideologically-based violence and HT must not violate the constitutional and civil rights and civil liberties of US citizens and lawful permanent residents.

Congress finds that combating radicalization and HT is critical to combating domestic terrorism, that the activities pose a threat to homeland security and that the Internet has aided in facilitating that type of violence. It is important, Congress finds, to understand the motivations that lead to violent radicalization and HT is vital to eradicating it. Congress also finds that the potential rise of such violence cannot be prevented through traditional Federal intelligence or law enforcement and requires States to be involved.

Individuals prone to terror-type violence span all races, ethnicities and religious beliefs.

The Secretary will establish the National Commission on the Prevention of Radicalization and Homegrown Terrorism with the purpose of examining and reporting facts and causes of such violent behavior. The effort will include the work of other entities dealing with the problem.

The ten member Commission will report in 18 months on its findings and conclusions with interim reports required.

Sponsor: Rep. Jane Harmon (D-CA-36^th)

Vote: Passed House October 23. 2007 404 to 6 RC 993

Cost to the taxpayers: “CBO estimates that implementing H.R. 1955 would cost $22 million over the 2008-2012 period”

Earmark Certification:

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SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title

This section indicates that H.R. 1955 may be cited as the `Violent Radicalization and Homegrown Terrorism Prevention Act of 2007.'

Section 2. Prevention of radicalization and homegrown terrorism

This section amends Title VIII of the Homeland Security Act of 2002 (6 U.S.C. 361 et seq.) by adding at a new subtitle entitled: `Subtitle J--Prevention of Homegrown Terrorism.'

Section 899A. Definitions

This section defines, for the purposes of this Act, the terms `Commission,' `Violent Radicalization,' `Homegrown Terrorism,' and `Ideologically Based Violence.'

Section 899B. Findings

This section sets forth findings concerning violent radicalization and homegrown terrorism in the United States and the need to address those threats. The Committee believes that homegrown terrorism is a multifaceted and significant threat that must be addressed in a robust, thoughtful manner.

Section 899C. National Commission on the Prevention of Violent Radicalization and Ideologically Based Violence

This section establishes within the Legislative Branch of the Government a National Commission on the Prevention of Violent Radicalization and Ideologically Based Violence. This section also describes the purposes of the Commission.

This section also instructs that the Commission shall be composed of ten members and specifies how such members shall be chosen. Moreover, this section declares that individuals appointed to the Commission shall be qualified to serve, and that such qualification shall be based on professional qualifications, achievements, public stature, experience, and expertise in relevant fields, and includes a list of some relevant fields.

This section requires the Commission to be appointed no later than 60 days after enactment of this Act and authorizes the Commission to elect a Chair and Vice Chair from among its members. Moreover, it requires the Commission to hold its first meeting no later than 30 days after all of the Commissioners have been appointed or, if there is not mutual agreement, on a date designated by the Speaker of the House of Representatives. This section also enumerates the Commission's powers and authorities.

This section clarifies that the Federal Advisory Committee Act does not apply to the Commission. It also provides for public meetings of the Commission, staff and personnel, travel, security clearances, retirement benefits, vacancies, reporting requirements, publication of reports, dissenting or individual views, availability of funds, and termination of the Commission.

The Committee notes that, given the unique issues surrounding the American approach, it is important to create a national commission that will bring together the `best minds' from relevant fields of expertise and, for the first time, address the homegrown terrorism threat from a collaborative public, private and academic-sector perspective. The Committee observes that this model has been successful with other vexing national problems, such as the Hart-Rudman Commission's examination of national security policies and processes; the National Commission on Terrorist Attacks upon the United States' review of the September 11, 2001 terrorist attacks; and the National Commission on Terrorism's examination of United States terrorism policy pre-9/11.

Section 899D. Center of Excellence for the Study of Violent Radicalization and Homegrown Terrorism in the United States

This section directs the Secretary of Homeland Security to establish a university-based Center of Excellence, or designate an existing Center of Excellence, as a Center of Excellence for the Study of Violent Radicalization and Homegrown Terrorism in the United States tasked with assisting Federal, State, local and tribal homeland security officials through training, education, and research. The Committee believes that the creation of a Center of Excellence for the Prevention of Radicalization and Home Grown Terrorism will help to provide homeland security officials across the government with solutions to these threats.

Section 899E. Preventing violent radicalization and homegrown terrorism through international cooperative efforts

This section directs the Secretary of Homeland Security, in conjunction with the Department of State and other federal government entities, to survey the methodologies used by foreign nations in addressing violent radicalization and homegrown terrorism. This provision also directs the Secretary to consider these methods when formulating United States policies addressing violent radicalization and homegrown terrorism, if the methods used by foreign nations do not conflict with safeguards erected by the United States Constitution. In addition, this section requires the Secretary to submit a report to Congress describing the foreign nations included in the survey, the lessons learned from the results of the survey, and recommendations for implementation.

The Committee observes that other countries, such as the United Kingdom of Great Britain and Northern Ireland, the Commonwealth of Australia, the Federal Republic of Germany, the Kingdom of Spain, and Canada, have confronted and continue to confront homegrown terrorism. Thus H.R. 1955 requires the United States to reach out to these countries in an effort benefit from the lessons they have learned in the process. However, this legislation also recognizes that the American approach must be unique. The Committee understands that because the civil rights and liberties of American citizens and our lawful permanent residents are embedded in our system of government and our way of life, our approach to homegrown terrorism must be consistent with those rights and liberties.

Section 899F. Protecting civil rights and civil liberties while preventing ideologically based violence and homegrown terrorism

This section declares that, in its efforts to prevent ideologically based violence and homegrown terrorism, the Department of Homeland Security shall not violate the constitutional rights, civil rights, and civil liberties of United States citizens and lawful permanent residents.

Moreover, this section provides that, while carrying out the policies set forth in this Act, the Department shall administer such policies in accordance with its commitment to racial neutrality. This provision also directs the Civil Rights and Civil Liberties Officer of the Department to develop and implement an auditing mechanism to ensure that a particular race, ethnicity, or religion is not disproportionately affected by the policies implemented pursuant to this Act, unless it is deemed lawful and appropriate, based on information received. It also requires the Civil Rights and Civil Liberties Officer to include the results of such audit in its annual report to Congress.

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