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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5611 Introduced in House (IH)]

<DOC>

114th CONGRESS
  2d Session
                                H. R. 5611

 To prevent terrorists from launching attacks and obtaining passports, 
                        and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              July 1, 2016

 Mr. McCarthy introduced the following bill; which was referred to the 
 Committee on Homeland Security, and in addition to the Committees on 
  the Judiciary, and Foreign Affairs, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
 To prevent terrorists from launching attacks and obtaining passports, 
                        and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Homeland Safety and Security Act''.

SEC. 2. AUTHORIZATION OF THE OFFICE FOR PARTNERSHIPS TO PREVENT 
              TERRORISM OF THE DEPARTMENT OF HOMELAND SECURITY.

    (a) Findings.--Congress finds the following:
            (1) The preeminent terrorist threats to the United States 
        are radical Islamist terrorist networks such as al Qaeda, the 
        Islamic State of Iraq and Syria, and their allies and affiliate 
        networks, as well as lone-wolf supporters and sympathizers in 
        the United States and around the world.
            (2) Americans are actively being recruited by radical 
        Islamist terrorism propaganda to support the establishment of a 
        global caliphate in general and the destruction of the United 
        States in particular, as well as to repudiate American values.
            (3) The present Administration has repeatedly ignored the 
        threat posed by this ideology.
            (4) In recent years 90 people have been killed in radical 
        Islamist terrorist attacks launched against the United States 
        homeland.
    (b) Authorization.--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 new 
section:

``SEC. 104. THE OFFICE FOR PARTNERSHIPS TO PREVENT TERRORISM.

    ``(a) Establishment.--There is in the Department the Office for 
Partnerships to Prevent Terrorism. The head of the Office shall be the 
Assistant Secretary for Partnerships to Prevent Terrorism, who shall be 
appointed by the Secretary. The Secretary shall additionally appoint a 
career Deputy Assistant Secretary of the Department to serve as Deputy 
Assistant Secretary for Partnerships to Prevent Terrorism.
    ``(b) Assignment of Personnel.--The Secretary shall assign or hire, 
as appropriate, permanent staff for the Office for Partnerships to 
Prevent Terrorism. In carrying out this subsection, the Secretary 
shall, to the maximum extent practicable, seek to assign to or hire for 
the Office an individual who has a demonstrated background in technical 
matters, on and offline media, communications, or marketing.
    ``(c) Support.--The Secretary shall appoint within each appropriate 
component and office of the Department, including at a minimum, U.S. 
Customs and Border Protection, U.S. Immigration and Customs 
Enforcement, United States Citizenship and Immigration Services, the 
Office of Privacy, the National Protection and Programs Directorate, 
the Office of Civil Rights and Civil Liberties, the Secret Service, and 
the Science and Technology Directorate, an individual to serve as 
liaison to the Office for Partnerships to Prevent Terrorism.
    ``(d) Responsibilities.--The Assistant Secretary for Partnerships 
to Prevent Terrorism shall be responsible for the following:
            ``(1) Prioritizing the Department's efforts to prevent 
        violent extremist activities and radicalization associated with 
        the threat posed by radical Islamist terrorist networks, and 
        their recruiting, radicalization, and propaganda.
            ``(2) Coordinating the Department's activities to counter 
        radical Islamist terrorism across all the components and 
        offices of the Department that conduct strategic and supportive 
        activities. Such activities shall include the following:
                    ``(A) Identifying risk factors that contribute to 
                radical Islamist terrorism and potential remedies for 
                use by Government and non-government organizations.
                    ``(B) Identifying populations targeted by radical 
                Islamist terrorism propaganda, messaging, or 
                recruitment.
                    ``(C) Managing the outreach and engagement 
                activities of the Department directed toward 
                communities at risk for radicalization and recruitment 
                for radical Islamist terrorism activities.
                    ``(D) Ensuring relevant information, empirically 
                valid research, and products inform activities to 
                counter radical Islamist terrorism.
                    ``(E) Identifying and recommending new research and 
                analysis requirements in consultation with the Under 
                Secretary for Science and Technology and the Under 
                Secretary for Intelligence and Analysis and ensuring 
                the dissemination of information and methods to 
                Federal, State, local, tribal, and territorial 
                countering radical Islamist terrorism practitioners, 
                officials, law enforcement, and non-governmental 
                partners to utilize such research and analysis 
                requirements.
                    ``(F) Assessing the methods used by radical 
                Islamist terrorist entities designated as foreign 
                terrorist organizations pursuant to section 219 of the 
                Immigration and Nationality Act (8 U.S.C. 1189) to 
                disseminate propaganda and messaging to communities at 
                risk for radicalization and recruitment.
            ``(3) Establishing a counter-messaging program to craft 
        strategic counter-messages to the propaganda and messaging 
        referred to in subparagraph (F) of paragraph (2) which shall--
                    ``(A) explore ways to utilize relevant Internet and 
                other technologies and social media platforms; and
                    ``(B) maximize other resources available to the 
                Department, including utilizing hiring authorities 
                available under law.
            ``(4) Serving as the primary representative of the 
        Department in coordinating countering radical Islamist 
        terrorism activities with other Federal departments and 
        agencies and non-governmental organizations.
            ``(5) Serving as the primary Department-level 
        representative in coordinating with the Secretary of State on 
        international countering radical Islamist terrorism issues.
            ``(6) In coordination with the Administrator of the Federal 
        Emergency Management Agency and the Officer for Civil Rights 
        and Civil Liberties of the Department, providing guidance 
        regarding the use of grants made to State, local, tribal, and 
        territorial governments under sections 2003 and 2004 under the 
        allowable uses guidelines related to countering radical 
        Islamist terrorism.
            ``(7) Coordinating with the Administrator of the Federal 
        Emergency Management Agency to administer the grant program 
        under subsection (f).
    ``(e) Memorandum of Understanding.--The Assistant Secretary for 
Partnerships to Prevent Terrorism shall enter into a memorandum of 
understanding with the Administrator of the Federal Emergency 
Management Agency outlining the roles of the Assistant Secretary and 
the Administrator with respect to the administration of grants under 
sections 2003 and 2004 related to countering radical Islamist 
terrorism.
    ``(f) Grant Program.--
            ``(1) Establishment.--The Assistant Secretary for 
        Partnerships to Prevent Terrorism, in coordination with the 
        Administrator of the Federal Emergency Management Agency and 
        the Officer for Civil Rights and Civil Liberties of the 
        Department, shall establish a grant program for eligible 
        community groups and organizations to assist such groups and 
        organizations in establishing counter-messaging campaigns 
        targeting radical Islamist terrorism.
            ``(2) Implementation plan.--Not later than 90 days after 
        the date of the enactment of this section, the Assistant 
        Secretary for Partnerships to Prevent Terrorism, in 
        coordination with the Administrator of the Federal Emergency 
        Management Agency and the Officer for Civil Rights and Civil 
        Liberties of the Department, shall provide to the Committee on 
        Homeland Security of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate an implementation plan for the grant program under this 
        subsection, including eligibility criteria, application 
        criteria, methodology for awarding grants, and a plan for 
        monitoring and evaluating grant applications and awards.
            ``(3) Prohibition.--A community group or organization is 
        not eligible for a grant under this subsection if such group or 
        organization has knowingly funded radical Islamist terrorist 
        activities or organizations known to engage in such activities, 
        as determined by the Assistant Secretary for Partnerships to 
        Prevent Terrorism in coordination with the heads of other 
        relevant Federal departments and agencies.
    ``(g) Strategy To Counter Radical Islamist Terrorism in the United 
States.--
            ``(1) Strategy.--Not later than 90 days after the date of 
        the enactment of this section, the Secretary shall submit to 
        the Committee on Homeland Security of the House of 
        Representatives and the Committee on Homeland Security and 
        Governmental Affairs of the Senate a comprehensive Department 
        strategy to counter radical Islamist terrorism in the United 
        States.
            ``(2) Contents of strategy.--The strategy required under 
        paragraph (1) shall, at a minimum, address each of the 
        following:
                    ``(A) The Department's counter-messaging program 
                described in subsection (d)(3), including a plan to 
                leverage new and existing Internet, digital, and other 
                technologies and social media platforms to counter 
                radical Islamist terrorism, as well as the best 
                practices and lessons learned from other Federal, 
                State, local, tribal, territorial, non-governmental, 
                and foreign partners engaged in similar counter-
                messaging activities.
                    ``(B) The Department's countering radical Islamist 
                terrorism-related engagement and outreach activities.
                    ``(C) The use of cooperative agreements with State, 
                local, tribal, territorial, and other Federal 
                departments and agencies responsible for activities 
                relating to countering radical Islamist terrorism.
                    ``(D) Ensuring all activities related to countering 
                radical Islamist terrorism adhere to relevant 
                Department and applicable Department of Justice 
                guidance regarding privacy, civil rights, and civil 
                liberties, including safeguards against discrimination.
                    ``(E) The development of qualitative and 
                quantitative outcome-based metrics to evaluate the 
                Department's programs and policies to counter radical 
                Islamist terrorism.
                    ``(F) An analysis of the homeland security risk 
                posed by radical Islamist terrorism based on the threat 
                environment and empirical data assessing terrorist 
                activities and incidents, and radical Islamist 
                terrorist propaganda, messaging, or recruitment.
                    ``(G) Information on the Department's near-term, 
                mid-term, and long-term risk-based goals for countering 
                radical Islamist terrorism, reflecting the risk 
                analysis conducted pursuant to subparagraph (F).
            ``(3) Strategic considerations.--In drafting the strategy 
        required under paragraph (1), the Secretary shall consider 
        including the following:
                    ``(A) The Department's efforts to undertake 
                research to improve the Department's understanding of 
                the risk of radical Islamist terrorism and to identify 
                ways to improve countering radical Islamist terrorism 
                activities and programs, including outreach, training, 
                and information sharing programs.
                    ``(B) The opportunities and challenges associated 
                with the establishment of the counter-messaging program 
                described in subsection (d)(3) that leverages emerging 
                and existing social media and Internet platforms to 
                directly and indirectly counter radical Islamist 
                terrorist propaganda.
                    ``(C) The Department's nondiscrimination policies, 
                as such policies relate to countering radical Islamist 
                terrorism.
                    ``(D) The Department's efforts to help promote 
                community engagement and partnerships to counter 
                radical Islamist terrorism in furtherance of such 
                strategy.
                    ``(E) The Department's efforts to help increase 
                support for programs and initiatives to counter radical 
                Islamist terrorism of other Federal, State, local, 
                tribal, territorial, non-governmental, and foreign 
                partners that are in furtherance of such strategy, and 
                which adhere to all relevant constitutional, legal, and 
                privacy protections.
                    ``(F) The Department's efforts to disseminate to 
                local law enforcement and the general public 
                information on resources, such as training guidance, 
                workshop reports, and the radical Islamist terrorism 
                threat, through multiple platforms, including the 
                development of a dedicated Web page, and information 
                regarding the effectiveness of such efforts.
                    ``(G) The Department's efforts to use cooperative 
                agreements with State, local, tribal, territorial, and 
                other Federal departments and agencies responsible for 
                efforts relating to countering radical Islamist 
                terrrorism, and information regarding the effectiveness 
                of such efforts.
                    ``(H) Information on oversight mechanisms and 
                protections to ensure that activities and programs 
                undertaken pursuant to such strategy adhere to all 
                relevant constitutional, legal, and privacy 
                protections.
                    ``(I) The Department's efforts to conduct oversight 
                of all countering radical Islamist terrorism training 
                and training materials and other resources developed or 
                funded by the Department.
                    ``(J) The Department's efforts to foster 
                transparency by making, to the extent practicable, all 
                regulations, guidance, documents, policies, and 
                training materials publicly available, including 
                through any Web page developed under subparagraph (F).
            ``(4) Strategic implementation plan.--Not later than 90 
        days after the submission of the strategy required under this 
        subsection, the Secretary shall submit to the Committee on 
        Homeland Security of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate an implementation plan for each of the components and 
        offices of the Department with responsibilities under such 
        strategy. Such implementation plan shall, at a minimum, include 
        an integrated master schedule and cost estimate for activities 
        and programs contained in such implementation plan, with 
        specificity on how each such activity and program aligns with 
        near-term, mid-term, and long-term goals specified in such 
        strategy.
    ``(h) Annual Reports.--The Assistant Secretary for Partnerships to 
Prevent Terrorism shall submit to Congress an annual report for each of 
the next five fiscal years (beginning in the fiscal year that begins 
after the date of the enactment of this section) on the Office for 
Partnerships to Prevent Terrorism. Each such report shall include the 
following:
            ``(1) A description of the status of the programs and 
        policies of the Department for countering radical Islamist 
        terrorism, including the budget of the Department for 
        countering radical Islamist terrorism and the number of full-
        time employees of the Department dedicated to countering 
        radical Islamist terrorism programs, as well as the number of 
        part-time employees of the Department supporting countering 
        radical Islamist terrorism programs. Each such budget shall 
        include an accounting of all funding amounts for all 
        departmental programs, initiatives, and personnel related to 
        countering radical Islamist terrorism.
            ``(2) A description of the activities of the Office to 
        cooperate with and provide assistance to other Federal 
        departments and agencies.
            ``(3) The qualitative and quantitative outcome-based 
        metrics under subparagraph (E) of subsection (g)(2) used for 
        evaluating the success of such programs and policies and the 
        steps taken to evaluate the success of such programs and 
        policies.
            ``(4) A detailed summary of the organizations with which 
        the Department conducted outreach to discuss countering radical 
        Islamist terrorism, an accounting of grants awarded by the 
        Department to counter radical Islamist terrorism, and an 
        accounting of all training specifically aimed at countering 
        radical Islamist terrorism sponsored by the Department.
            ``(5) Details of the optimal level of personnel and funding 
        for the Office for Partnerships to Prevent Terrorism.
            ``(6) An analysis of how the Department's activities to 
        counter radical Islamist terrorism correspond and adapt to the 
        threat environment.
            ``(7) A summary of how civil rights and civil liberties are 
        protected in the Department's activities to counter radical 
        Islamist terrorism.
            ``(8) An evaluation of the grant program under subsection 
        (f), including information on the effectiveness of such grants 
        in countering radical Islamist terrorism.
            ``(9) A description of how the Office incorporated lessons 
        learned from the countering radical Islamist terrorism programs 
        and policies of other Foreign departments and agencies, as well 
        as foreign, State, local, tribal, and territorial governments 
        and stakeholder communities.
    ``(i) Violent Extremist Activities Defined.--In this section, the 
term `violent extremist activities' means ideologically motivated 
international terrorism or domestic terrorism, as such terms are 
defined in section 2331 of title 18, United States Code.
    ``(j) Authorization of Funding.--
            ``(1) The office for partnerships to prevent terrorism.--
        Out of funds made available to the Office of the Secretary, 
        $4,000,000 is authorized to be used for an the Office for 
        Partnerships to Prevent Terrorism for each of fiscal years 2017 
        through 2021.
            ``(2) Grant program.--Out of funds made available for 
        emergent threats from radical Islamist terrorism and from 
        complex, coordinated terrorist attacks, $10,000,000 is 
        authorized until September 30, 2017, to carry out the grant 
        program under subsection (f).
    ``(k) Sunset.--This section shall terminate on September 30, 2021.
    ``(l) Sense of Congress.--It is the sense of Congress that nothing 
in this section should be construed to limit or abridge any rights or 
civil liberties under the Constitution of any person.''.
    (c) Study Relating to Radicalization and Radical Islamist 
Terrorism.--Not later than 120 days after the date of the enactment of 
this Act, the Secretary of Homeland Security shall issue a request for 
a proposal for a two year peer-reviewed longitudinal study applying 
generally accepted social science research methods to aid the 
Department of Homeland Security in developing a better understanding of 
radicalization that results in radical Islamist terrorism and advancing 
evidence-based strategies for effective intervention and prevention.
    (d) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by inserting after the item relating to section 103 
the following new item:

``Sec. 104. Office for an the Office for Partnerships to Prevent 
                            Terrorism.''.

SEC. 3. EXERCISE ON TERRORIST AND FOREIGN FIGHTER TRAVEL.

    (a) In General.--In addition to, or as part of exercise programs 
currently carried out by the Department of Homeland Security, to 
enhance domestic preparedness for and collective response to terrorism, 
promote the dissemination of homeland security information, and test 
the security posture of the United States, the Secretary of Homeland 
Security, through appropriate offices and components of the Department 
and in coordination with the relevant Federal departments and agencies, 
shall, not later than one year after the date of the enactment of this 
Act, develop and conduct an exercise related to the terrorist and 
foreign fighter threat.
    (b) Exercise Requirements.--The exercise required under subsection 
(a) shall include--
            (1) a scenario involving--
                    (A) persons traveling from the United States to 
                join or provide material support or resources to a 
                terrorist organization abroad; and
                    (B) terrorist infiltration into the United States, 
                including United States citizens and foreign nationals; 
                and
            (2) coordination with appropriate Federal departments and 
        agencies, foreign governments, and State, local, tribal, 
        territorial, and private sector stakeholders.
    (c) Report.--Not later than 60 days after the completion of the 
exercise required under subsection (a), the Secretary of Homeland 
Security shall, consistent with the protection of classified 
information, submit an after-action report to the Committee on Homeland 
Security of the House of Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate presenting the initial 
findings of such exercise, including any identified or potential 
vulnerabilities in United States defenses and any legislative changes 
requested in light of the findings. The report shall be submitted in 
unclassified form, but may include a classified annex.
    (d) Prohibition on Additional Funding.--No additional funds are 
authorized to be appropriated to carry out this section.
    (e) Definition.--In this section, the term ``material support or 
resources'' has the meaning given such term in section 2339A of title 
18, United States Code.

SEC. 4. EMERGING THREATS IN THE NATIONAL EXERCISE PROGRAM.

    Subparagraph (A) of section 648(b)(2) of the Post-Katrina Emergency 
Management Reform Act of 2006 (6 U.S.C. 748(b)(2)) is amended--
            (1) in clause (v), by striking ``and'' at the end; and
            (2) by adding after clause (vi) the following new clause:
                            ``(vii) designed, to the extent 
                        practicable, to include exercises addressing 
                        emerging terrorist threats, such as scenarios 
                        involving United States citizens departing the 
                        United States to enlist with or provide 
                        material support or resources to terrorist 
                        organizations abroad or terrorist infiltration 
                        into the United States, including United States 
                        citizens and foreign nationals; and''.

SEC. 5. GRANTING THE ATTORNEY GENERAL THE AUTHORITY TO DENY THE SALE, 
              DELIVERY, OR TRANSFER OF FIREARMS OR EXPLOSIVES TO KNOWN 
              OR SUSPECTED TERRORISTS.

    (a) In General.--Section 922(t) of title 18, United States Code, is 
amended by adding at the end the following:
    ``(7)(A) When the Attorney General is notified of a request to 
transfer a firearm or an explosive to a person who is being, or has 
been investigated during the previous 5 years, as a known or suspected 
terrorist, the Attorney General shall, as appropriate, notify relevant 
Federal, State, or local law enforcement agencies or intelligence 
agencies concerning the identity of the prospective transferee.
    ``(B) Upon being notified of a prospective transfer of a firearm or 
an explosive to a person who is being investigated as a known or 
suspected terrorist, the Attorney General or the United States attorney 
for the district in which the licensee is located may--
            ``(i) delay the transfer of the firearm or explosive for a 
        period not to exceed 3 business days; and
            ``(ii) file an emergency petition in a court of competent 
        jurisdiction to prohibit the transfer of the firearm or 
        explosive, which petition shall receive the highest priority on 
        the docket of that court.
    ``(C)(i) An emergency petition filed under subparagraph (B) shall 
be granted upon a showing of probable cause to believe that the 
prospective transferee will commit an act of terrorism, or is 
prohibited from possessing or receiving a firearm under subsection (g) 
or (n).
    ``(ii) An emergency petition filed under subparagraph (B) to 
prohibit the transfer of a firearm or explosive may be granted only 
after a hearing--
            ``(I) of which the prospective transferee receives actual 
        notice; and
            ``(II) at which the prospective transferee has an 
        opportunity to participate with counsel.
    ``(iii) In the case of an emergency petition filed under 
subparagraph (B) which is denied, the court shall require that the 
United States pay the costs and attorney fees of the prospective 
transferee.''.
    (b) Rule of Construction.--The amendments made by this section do 
not preclude the Attorney General from arresting and detaining a 
person, including a person described in section 922(t)(7) of title 18, 
United States Code, with regard to whom an emergency petition has been 
filed under such paragraph, if the Attorney General has probable cause 
to believe that the person has committed, conspired to commit, or 
attempted to commit an act of terrorism.

SEC. 6. ANNUAL REVIEW OF TERRORIST SCREENING DATABASE.

    The Director of the Federal Bureau of Investigation shall, on an 
annual basis, review the individuals identified in the terrorist 
screening database (as such term is defined in section 2101(10) of the 
Homeland Security Act of 2002 (6 U.S.C. 621(10))), and determine 
whether each such identification is appropriate.

SEC. 7. DENIAL, LIMITATION, AND REVOCATION OF PASSPORTS AND PASSPORT 
              CARDS TO INDIVIDUALS AFFILIATED WITH FOREIGN TERRORIST 
              ORGANIZATIONS.

    The Act entitled ``An Act to regulate the issue and validity of 
passports, and for other purposes'', approved July 3, 1926 (22 U.S.C. 
211a et seq.), commonly known as the ``Passport Act of 1926'', is 
amended by adding at the end the following new section:

``SEC. 4. AUTHORITY TO DENY, LIMIT, OR REVOKE PASSPORTS AND PASSPORT 
              CARDS TO INDIVIDUALS AFFILIATED WITH FOREIGN TERRORIST 
              ORGANIZATIONS.

    ``(a) Ineligibility.--
            ``(1) Issuance.--Except as provided in subsection (b), the 
        Secretary of State may not issue a passport or passport card to 
        any individual whom the Secretary has determined--
                    ``(A) is a member of or is otherwise affiliated 
                with an organization the Secretary has designated as a 
                foreign terrorist organization pursuant to section 219 
                of the Immigration and Nationality Act (8 U.S.C. 1189); 
                or
                    ``(B) has aided, abetted, or provided material 
                support to such an organization.
            ``(2) Revocation.--Except as provided in subsection (b), 
        the Secretary of State shall revoke a passport or passport card 
        previously issued to any individual described in paragraph (1).
    ``(b) Exceptions.--
            ``(1) Emergency circumstances, humanitarian reasons, and 
        law enforcement purposes.--Notwithstanding paragraphs (1) and 
        (2) of subsection (a), the Secretary of State may issue or 
        decline to revoke a passport or passport card, in emergency 
        circumstances, for humanitarian reasons, or for law enforcement 
        purposes, to an individual described in paragraph (1) of such 
        subsection.
            ``(2) Limitation for return to united states.--
        Notwithstanding subsection (a)(2), the Secretary of State, 
        before revocation, shall--
                    ``(A) limit a previously issued passport or 
                passport card only for return travel to the United 
                States; or
                    ``(B) issue a limited passport or passport card 
                that only permits return travel to the United States.
    ``(c) Right of Review.--Any person who, in accordance with this 
section, is denied issuance of a passport or passport card by the 
Secretary of State, or whose passport or passport card is revoked or 
otherwise limited by the Secretary of State, may request a hearing 
before the Secretary not later than 60 days after receiving notice of 
such denial, revocation, or limitation.
    ``(d) Report.--If the Secretary of State issues, limits, or 
declines to revoke a passport or passport card in accordance with 
subsection (b), the Secretary shall, not later than 30 days after any 
such action, submit to Congress a report on such action.''.
                                 <all>
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