I 
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 Com-
mittee on Homeland Security, and in addition to the Committees on the 
Judiciary, and Foreign Affairs, for a period to be subsequently deter-
mined 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 Representa-
tives 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 PARTNER-
SHIPS TO PREVENT TERRORISM OF THE DE-
PARTMENT OF HOMELAND SECURITY. 
(a) FINDINGS.—Congress finds the following: 
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(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 Secu-
rity 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 
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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 car-
rying out this subsection, the Secretary shall, to the max-
imum 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, communica-
tions, 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 Pro-
tection, 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 Direc-
torate, 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: 
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‘‘(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, radicaliza-
tion, and propaganda. 
‘‘(2) Coordinating the Department’s activities 
to counter radical Islamist terrorism across all the 
components and offices of the Department that con-
duct strategic and supportive activities. Such activi-
ties shall include the following: 
‘‘(A) Identifying risk factors that con-
tribute to radical Islamist terrorism and poten-
tial remedies for use by Government and non- 
government organizations. 
‘‘(B) Identifying populations targeted by 
radical Islamist terrorism propaganda, mes-
saging, or recruitment. 
‘‘(C) Managing the outreach and engage-
ment activities of the Department directed to-
ward communities at risk for radicalization and 
recruitment for radical Islamist terrorism ac-
tivities. 
‘‘(D) Ensuring relevant information, em-
pirically valid research, and products inform ac-
tivities to counter radical Islamist terrorism. 
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‘‘(E) Identifying and recommending new 
research and analysis requirements in consulta-
tion with the Under Secretary for Science and 
Technology and the Under Secretary for Intel-
ligence and Analysis and ensuring the dissemi-
nation of information and methods to Federal, 
State, local, tribal, and territorial countering 
radical Islamist terrorism practitioners, offi-
cials, law enforcement, and non-governmental 
partners to utilize such research and analysis 
requirements. 
‘‘(F) Assessing the methods used by rad-
ical Islamist terrorist entities designated as for-
eign 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 radicaliza-
tion and recruitment. 
‘‘(3) Establishing a counter-messaging program 
to craft strategic counter-messages to the propa-
ganda and messaging referred to in subparagraph 
(F) of paragraph (2) which shall— 
‘‘(A) explore ways to utilize relevant Inter-
net and other technologies and social media 
platforms; and 
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‘‘(B) maximize other resources available to 
the Department, including utilizing hiring au-
thorities available under law. 
‘‘(4) Serving as the primary representative of 
the Department in coordinating countering radical 
Islamist terrorism activities with other Federal de-
partments and agencies and non-governmental orga-
nizations. 
‘‘(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 admin-
ister the grant program under subsection (f). 
‘‘(e) MEMORANDUM OF UNDERSTANDING.—The As-
sistant Secretary for Partnerships to Prevent Terrorism 
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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 coun-
tering radical Islamist terrorism. 
‘‘(f) GRANT PROGRAM.— 
‘‘(1) ESTABLISHMENT.—The Assistant Sec-
retary for Partnerships to Prevent Terrorism, in co-
ordination 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 commu-
nity 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 sec-
tion, the Assistant Secretary for Partnerships to 
Prevent Terrorism, in coordination with the Admin-
istrator 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 
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Security and Governmental Affairs of the Senate an 
implementation plan for the grant program under 
this subsection, including eligibility criteria, applica-
tion criteria, methodology for awarding grants, and 
a plan for monitoring and evaluating grant applica-
tions and awards. 
‘‘(3) PROHIBITION.—A community group or or-
ganization is not eligible for a grant under this sub-
section if such group or organization has knowingly 
funded radical Islamist terrorist activities or organi-
zations known to engage in such activities, as deter-
mined 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 Sec-
retary 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. 
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‘‘(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), includ-
ing a plan to leverage new and existing Inter-
net, digital, and other technologies and social 
media platforms to counter radical Islamist ter-
rorism, as well as the best practices and lessons 
learned from other Federal, State, local, tribal, 
territorial, non-governmental, and foreign part-
ners engaged in similar counter-messaging ac-
tivities. 
‘‘(B) The Department’s countering radical 
Islamist terrorism-related engagement and out-
reach 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 Depart-
ment of Justice guidance regarding privacy, 
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civil rights, and civil liberties, including safe-
guards 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, mes-
saging, 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 draft-
ing the strategy required under paragraph (1), the 
Secretary shall consider including the following: 
‘‘(A) The Department’s efforts to under-
take research to improve the Department’s un-
derstanding of the risk of radical Islamist ter-
rorism and to identify ways to improve coun-
tering radical Islamist terrorism activities and 
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programs, including outreach, training, and in-
formation sharing programs. 
‘‘(B) The opportunities and challenges as-
sociated with the establishment of the counter- 
messaging program described in subsection 
(d)(3) that leverages emerging and existing so-
cial 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 pro-
mote community engagement and partnerships 
to counter radical Islamist terrorism in further-
ance of such strategy. 
‘‘(E) The Department’s efforts to help in-
crease support for programs and initiatives to 
counter radical Islamist terrorism of other Fed-
eral, State, local, tribal, territorial, non-govern-
mental, and foreign partners that are in fur-
therance of such strategy, and which adhere to 
all relevant constitutional, legal, and privacy 
protections. 
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‘‘(F) The Department’s efforts to dissemi-
nate to local law enforcement and the general 
public information on resources, such as train-
ing guidance, workshop reports, and the radical 
Islamist terrorism threat, through multiple plat-
forms, including the development of a dedicated 
Web page, and information regarding the effec-
tiveness of such efforts. 
‘‘(G) The Department’s efforts to use co-
operative agreements with State, local, tribal, 
territorial, and other Federal departments and 
agencies responsible for efforts relating to coun-
tering radical Islamist terrrorism, and informa-
tion 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 ter-
rorism training and training materials and 
other resources developed or funded by the De-
partment. 
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‘‘(J) The Department’s efforts to foster 
transparency by making, to the extent prac-
ticable, all regulations, guidance, documents, 
policies, and training materials publicly avail-
able, including through any Web page developed 
under subparagraph (F). 
‘‘(4) STRATEGIC IMPLEMENTATION PLAN.—Not 
later than 90 days after the submission of the strat-
egy required under this subsection, the Secretary 
shall submit to the Committee on Homeland Secu-
rity of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Af-
fairs of the Senate an implementation plan for each 
of the components and offices of the Department 
with responsibilities under such strategy. Such im-
plementation plan shall, at a minimum, include an 
integrated master schedule and cost estimate for ac-
tivities and programs contained in such implementa-
tion 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 
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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 pro-
grams and policies of the Department for countering 
radical Islamist terrorism, including the budget of 
the Department for countering radical Islamist ter-
rorism 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 coun-
tering radical Islamist terrorism programs. Each 
such budget shall include an accounting of all fund-
ing amounts for all departmental programs, initia-
tives, 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 pro-
grams and policies and the steps taken to evaluate 
the success of such programs and policies. 
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‘‘(4) A detailed summary of the organizations 
with which the Department conducted outreach to 
discuss countering radical Islamist terrorism, an ac-
counting of grants awarded by the Department to 
counter radical Islamist terrorism, and an account-
ing of all training specifically aimed at countering 
radical Islamist terrorism sponsored by the Depart-
ment. 
‘‘(5) Details of the optimal level of personnel 
and funding for the Office for Partnerships to Pre-
vent Terrorism. 
‘‘(6) An analysis of how the Department’s ac-
tivities to counter radical Islamist terrorism cor-
respond 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 effective-
ness of such grants in countering radical Islamist 
terrorism. 
‘‘(9) A description of how the Office incor-
porated lessons learned from the countering radical 
Islamist terrorism programs and policies of other 
Foreign departments and agencies, as well as for-
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eign, 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 PRE-
VENT 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 Pre-
vent 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 sub-
section (f). 
‘‘(k) SUNSET.—This section shall terminate on Sep-
tember 30, 2021. 
‘‘(l) SENSE OF CONGRESS.—It is the sense of Con-
gress that nothing in this section should be construed to 
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limit or abridge any rights or civil liberties under the Con-
stitution of any person.’’. 
(c) STUDY RELATING TO RADICALIZATION AND RAD-
ICAL 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 bet-
ter understanding of radicalization that results in radical 
Islamist terrorism and advancing evidence-based strate-
gies 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 exer-
cise programs currently carried out by the Department of 
Homeland Security, to enhance domestic preparedness for 
and collective response to terrorism, promote the dissemi-
nation of homeland security information, and test the se-
curity posture of the United States, the Secretary of 
Homeland Security, through appropriate offices and com-
ponents of the Department and in coordination with the 
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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 re-
quired under subsection (a) shall include— 
(1) a scenario involving— 
(A) persons traveling from the United 
States to join or provide material support or re-
sources to a terrorist organization abroad; and 
(B) terrorist infiltration into the United 
States, including United States citizens and for-
eign nationals; and 
(2) coordination with appropriate Federal de-
partments and agencies, foreign governments, and 
State, local, tribal, territorial, and private sector 
stakeholders. 
(c) REPORT.—Not later than 60 days after the com-
pletion 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 Home-
land Security and Governmental Affairs of the Senate pre-
senting the initial findings of such exercise, including any 
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identified or potential vulnerabilities in United States de-
fenses 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 prac-
ticable, to include exercises addressing 
emerging terrorist threats, such as sce-
narios involving United States citizens de-
parting the United States to enlist with or 
provide material support or resources to 
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terrorist organizations abroad or terrorist 
infiltration into the United States, includ-
ing United States citizens and foreign na-
tionals; and’’. 
SEC. 5. GRANTING THE ATTORNEY GENERAL THE AUTHOR-
ITY 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 fol-
lowing: 
‘‘(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 trans-
feree. 
‘‘(B) Upon being notified of a prospective transfer of 
a firearm or an explosive to a person who is being inves-
tigated as a known or suspected terrorist, the Attorney 
General or the United States attorney for the district in 
which the licensee is located may— 
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‘‘(i) delay the transfer of the firearm or explo-
sive 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 subpara-
graph (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 
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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 com-
mitted, conspired to commit, or attempted to commit an 
act of terrorism. 
SEC. 6. ANNUAL REVIEW OF TERRORIST SCREENING DATA-
BASE. 
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 de-
fined 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 PASS-
PORTS AND PASSPORT CARDS TO INDIVID-
UALS 
AFFILIATED 
WITH 
FOREIGN 
TER-
RORIST 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: 
VerDate Sep 11 2014 
20:29 Jul 01, 2016
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sradovich on DSK3GDR082PROD with BILLS