[NYTr] Text of HR 1955: Prevention of Violent Radicalization & Homegrown Terroris

[All the News That Doesn't Fit]

Fri, 09 Nov 2007 08:43:06 -0500

Text of HR 1955: 

The "Prevention of Violent Radicalization and Homegrown Terrorism" Act
HR 1955 has been submitted to the Senate Committee on Homeland Security
and Governmental Affairs.  Here are the members of that committee as of
November 2007:

[Chair Lieberman is counted as a Democrat (Independent Democrat).]

Democrats:
Joseph I. Lieberman, Chairman (ID) (CT)
Carl Levin (MI)
Daniel K. Akaka (HI)
Thomas R. Carper (DE)
Mark L. Pryor (AR)
Mary L. Landrieu (LA)
Barack Obama (IL)
Claire McCaskill (MO)
Jon Tester (MT)

Republicans:

Susan M. Collins, Ranking Member (ME)
Ted Stevens (AK)
Geroge V. Voinovich (OH)
Norm Coleman (MN)
Tom Coburn (OK)
Pete V. Domenici (NM)
John Warner (VA)
John E. Sununu (NH)

This draconian legislation was introduced in April by Jane Harman
(D-CA) and passed by the House of Representatives on October 23, 2007,
with a vote of 404 to 6. Below are the names of the six, quite a range
politically.  Please read the text of this bill (below; also
online at thomas.loc.gov).  The Senators above are those whom
we should try to influence with all our might.  Also, please try to
influence your own two senators. 

And here are the names of the 6 representatives who voted against 
HR 1955 in a vote of 404 to 6 in the House. That is, only 3 Democrats
and 3 Republicans seem to be aware of the dangers presented by this
legislation.

Neil Abercrombie (D-HI)
Jerry F. Costello (D-IL)
John J. Duncan, Jr. (R-TN)
Jeff Flake (R-AZ)
Dennis J. Kucinich (D-OH)
Dana Rohrbacher (R-CA)

Jane Franklin
http://ourworld.compuserve.com/homepages/jbfranklins


H.R.1955
Violent Radicalization and Homegrown Terrorism Prevention Act of 2007
(Engrossed as Agreed to or Passed by House)

SECTION 1. SHORT TITLE.

      This Act may be cited as the `Violent Radicalization and
Homegrown Terrorism Prevention Act of 2007'.

SEC. 2. PREVENTION OF VIOLENT RADICALIZATION AND HOMEGROWN TERRORISM.

      (a) In General- Title VIII of the Homeland Security Act of 2002
(6 U.S.C. 361 et seq.) is amended by adding at the end the following
new subtitle:

`Subtitle J--Prevention of Violent Radicalization and Homegrown
Terrorism

`SEC. 899A. DEFINITIONS.

      `For purposes of this subtitle:

            `(1) COMMISSION- The term `Commission' means the National 
Commission on the Prevention of Violent Radicalization and Homegrown 
Terrorism established under section 899C.

            `(2) VIOLENT RADICALIZATION- The term `violent
radicalization' means the process of adopting or promoting an extremist
belief system for the purpose of facilitating ideologically based
violence to advance political, religious, or social change.

            `(3) HOMEGROWN TERRORISM- The term `homegrown terrorism'
means the use, planned use, or threatened use, of force or violence by
a group or individual born, raised, or based and operating primarily
within the United States or any possession of the United States to
intimidate or coerce the United States government, the civilian
population of the United States, or any segment thereof, in furtherance
of political or social objectives.

            `(4) IDEOLOGICALLY BASED VIOLENCE- The term `ideologically
based violence' means the use, planned use, or threatened use of force
or violence by a group or individual to promote the group or
individual's political, religious, or social beliefs.

`SEC. 899B. FINDINGS.

      `The Congress finds the following:

            `(1) The development and implementation of methods and
processes that can be utilized to prevent violent radicalization,
homegrown terrorism, and ideologically based violence in the United
States is critical to combating domestic terrorism.

            `(2) The promotion of violent radicalization, homegrown 
terrorism, and ideologically based violence exists in the United States
and poses a threat to homeland security.

            `(3) The Internet has aided in facilitating violent 
radicalization, ideologically based violence, and the homegrown
terrorism process in the United States by providing access to broad and
constant streams of terrorist-related propaganda to United States
citizens.

            `(4) While the United States must continue its vigilant
efforts to combat international terrorism, it must also strengthen
efforts to combat the threat posed by homegrown terrorists based and
operating within the United States.

            `(5) Understanding the motivational factors that lead to
violent radicalization, homegrown terrorism, and ideologically based
violence is a vital step toward eradicating these threats in the United
States.

            `(6) Preventing the potential rise of self radicalized, 
unaffiliated terrorists domestically cannot be easily accomplished
solely through traditional Federal intelligence or law enforcement
efforts, and can benefit from the incorporation of State and local
efforts.

            `(7) Individuals prone to violent radicalization, homegrown 
terrorism, and ideologically based violence span all races,
ethnicities, and religious beliefs, and individuals should not be
targeted based solely on race, ethnicity, or religion.

            `(8) Any measure taken to prevent violent radicalization, 
homegrown terrorism, and ideologically based violence and homegrown 
terrorism in the United States should not violate the constitutional
rights, civil rights, or civil liberties of United States citizens or
lawful permanent residents.

            `(9) Certain governments, including the United Kingdom,
Canada, and Australia have significant experience with homegrown
terrorism and the United States can benefit from lessons learned by
those nations.

`SEC. 899C. NATIONAL COMMISSION ON THE PREVENTION OF VIOLENT
RADICALIZATION AND IDEOLOGICALLY BASED VIOLENCE.

      `(a) Establishment- There is established within the legislative
branch of the Government the National Commission on the Prevention of
Violent Radicalization and Homegrown Terrorism.

      `(b) Purpose- The purposes of the Commission are the following:

            `(1) Examine and report upon the facts and causes of
violent radicalization, homegrown terrorism, and ideologically based
violence in the United States, including United States connections to
non-United States persons and networks, violent radicalization,
homegrown terrorism, and ideologically based violence in prison,
individual or `lone wolf' violent radicalization, homegrown terrorism,
and ideologically based violence, and other faces of the phenomena of
violent radicalization, homegrown terrorism, and ideologically based
violence that the Commission considers important.

            `(2) Build upon and bring together the work of other
entities and avoid unnecessary duplication, by reviewing the findings,
conclusions, and recommendations of--

                  `(A) the Center of Excellence established or
designated under section 899D, and other academic work, as appropriate;

                  `(B) Federal, State, local, or tribal studies of,
reviews of, and experiences with violent radicalization, homegrown
terrorism, and ideologically based violence; and

                  `(C) foreign government studies of, reviews of, and 
experiences with violent radicalization, homegrown terrorism, and 
ideologically based violence.

      `(c) Composition of Commission- The Commission shall be composed
of 10 members appointed for the life of the Commission, of whom--

            `(1) one member shall be appointed by the President from
among officers or employees of the executive branch and private
citizens of the United States;

            `(2) one member shall be appointed by the Secretary;

            `(3) one member shall be appointed by the majority leader
of the Senate;

            `(4) one member shall be appointed by the minority leader
of the Senate;

            `(5) one member shall be appointed by the Speaker of the
House of Representatives;

            `(6) one member shall be appointed by the minority leader
of the House of Representatives;

            `(7) one member shall be appointed by the Chairman of the 
Committee on Homeland Security of the House of Representatives;

            `(8) one member shall be appointed by the ranking minority 
member of the Committee on Homeland Security of the House of 
Representatives;

            `(9) one member shall be appointed by the Chairman of the 
Committee on Homeland Security and Governmental Affairs of the Senate;
and

            `(10) one member shall be appointed by the ranking minority 
member of the Committee on Homeland Security and Governmental Affairs
of the Senate.

      `(d) Chair and Vice Chair- The Commission shall elect a Chair and
a Vice Chair from among its members.

      `(e) Qualifications- Individuals shall be selected for
appointment to the Commission solely on the basis of their professional
qualifications, achievements, public stature, experience, and expertise
in relevant fields, including, but not limited to, behavioral science,
constitutional law, corrections, counterterrorism, cultural
anthropology, education, information technology, intelligence, juvenile
justice, local law enforcement, organized crime, Islam and other world
religions, sociology, or terrorism.

      `(f) Deadline for Appointment- All members of the Commission
shall be appointed no later than 60 days after the date of enactment of
this subtitle.

      `(g) Quorum and Meetings- The Commission shall meet and begin the 
operations of the Commission not later than 30 days after the date on
which all members have been appointed or, if such meeting cannot be
mutually agreed upon, on a date designated by the Speaker of the House
of Representatives. Each subsequent meeting shall occur upon the call
of the Chair or a majority of its members. A majority of the members of
the Commission shall constitute a quorum, but a lesser number may hold
meetings.

      `(h) Authority of Individuals to Act for Commission- Any member
of the Commission may, if authorized by the Commission, take any action
that the Commission is authorized to take under this Act.

      `(i) Powers of Commission- The powers of the Commission shall be
as follows:

            `(1) IN GENERAL-

                  `(A) HEARINGS AND EVIDENCE- The Commission or, on the 
authority of the Commission, any subcommittee or member thereof, may,
for the purpose of carrying out this section, hold hearings and sit and
act at such times and places, take such testimony, receive such
evidence, and administer such oaths as the Commission considers
advisable to carry out its duties.

                  `(B) CONTRACTING- The Commission may, to such extent
and in such amounts as are provided in appropriation Acts, enter into
contracts to enable the Commission to discharge its duties under this
section.

            `(2) INFORMATION FROM FEDERAL AGENCIES-

                  `(A) IN GENERAL- The Commission may request directly
from any executive department, bureau, agency, board, commission,
office, independent establishment, or instrumentality of the
Government, information, suggestions, estimates, and statistics for the
purposes of this section. The head of each such department, bureau,
agency, board, commission, office, independent establishment, or
instrumentality shall, to the extent practicable and authorized by law,
furnish such information, suggestions, estimates, and statistics
directly to the Commission, upon request made by the Chair of the
Commission, by the chair of any subcommittee created by a majority of
the Commission, or by any member designated by a majority of the
Commission.

                  `(B) RECEIPT, HANDLING, STORAGE, AND DISSEMINATION-
The Committee and its staff shall receive, handle, store, and
disseminate information in a manner consistent with the operative
statutes, regulations, and Executive orders that govern the handling,
storage, and dissemination of such information at the department,
bureau, agency, board, commission, office, independent establishment,
or instrumentality that responds to the request.

      `(j) Assistance From Federal Agencies-

            `(1) GENERAL SERVICES ADMINISTRATION- The Administrator of 
General Services shall provide to the Commission on a reimbursable
basis administrative support and other services for the performance of
the Commission's functions.

            `(2) OTHER DEPARTMENTS AND AGENCIES- In addition to the 
assistance required under paragraph (1), departments and agencies of
the United States may provide to the Commission such services, funds, 
facilities, and staff as they may determine advisable and as may be 
authorized by law.

      `(k) Postal Services- The Commission may use the United States
mails in the same manner and under the same conditions as departments
and agencies of the United States.

      `(l) Nonapplicability of Federal Advisory Committee Act- The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission.

      `(m) Public Meetings-

            `(1) IN GENERAL- The Commission shall hold public hearings
and meetings to the extent appropriate.

            `(2) PROTECTION OF INFORMATION- Any public hearings of the 
Commission shall be conducted in a manner consistent with the
protection of information provided to or developed for or by the
Commission as required by any applicable statute, regulation, or
Executive order including subsection (i)(2)(B).

      `(n) Staff of Commission-

            `(1) APPOINTMENT AND COMPENSATION- The Chair of the
Commission, in consultation with the Vice Chair and in accordance with
rules adopted by the Commission, may appoint and fix the compensation
of a staff director and such other personnel as may be necessary to
enable the Commission to carry out its functions, without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except that no rate of
pay fixed under this subsection may exceed the maximum rate of pay for
GS-15 under the General Schedule.

            `(2) STAFF EXPERTISE- Individuals shall be selected for 
appointment as staff of the Commission on the basis of their expertise
in one or more of the fields referred to in subsection (e).

            `(3) PERSONNEL AS FEDERAL EMPLOYEES-

                  `(A) IN GENERAL- The executive director and any
employees of the Commission shall be employees under section 2105 of
title 5, United States Code, for purposes of chapters 63, 81, 83, 84,
85, 87, 89, and 90 of that title.

                  `(B) MEMBERS OF COMMISSION- Subparagraph (A) shall
not be construed to apply to members of the Commission.

            `(4) DETAILEES- Any Federal Government employee may be
detailed to the Commission without reimbursement from the Commission,
and during such detail shall retain the rights, status, and privileges
of his or her regular employment without interruption.

            `(5) CONSULTANT SERVICES- The Commission may procure the 
services of experts and consultants in accordance with section 3109 of
title 5, United States Code, but at rates not to exceed the daily rate
paid a person occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code.

            `(6) EMPHASIS ON SECURITY CLEARANCES- The Commission shall
make it a priority to hire as employees and retain as contractors and
detailees individuals otherwise authorized by this section who have
active security clearances.

      `(o) Commission Personnel Matters-

            `(1) COMPENSATION OF MEMBERS- Each member of the Commission
who is not an employee of the government shall be compensated at a rate
not to exceed the daily equivalent of the annual rate of basic pay in
effect for a position at level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day during which
that member is engaged in the actual performance of the duties of the
Commission.

            `(2) TRAVEL EXPENSES- While away from their homes or
regular places of business in the performance of services for the
Commission, members of the Commission shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes or regular places of
business in the performance of services for the Commission.

            `(3) TRAVEL ON ARMED FORCES CONVEYANCES- Members and
personnel of the Commission may travel on aircraft, vehicles, or other
conveyances of the Armed Forces of the United States when such travel
is necessary in the performance of a duty of the Commission, unless the
cost of commercial transportation is less expensive.

            `(4) TREATMENT OF SERVICE FOR PURPOSES OF RETIREMENT
BENEFITS- A member of the Commission who is an annuitant otherwise
covered by section 8344 or 8468 of title 5, United States Code, by
reason of membership on the Commission shall not be subject to the
provisions of such section with respect to membership on the Commission.

            `(5) VACANCIES- A vacancy on the Commission shall not
affect its powers and shall be filled in the manner in which the
original appointment was made. The appointment of the replacement
member shall be made not later than 60 days after the date on which the
vacancy occurs.

      `(p) Security Clearances- The heads of appropriate departments
and agencies of the executive branch shall cooperate with the
Commission to expeditiously provide Commission members and staff with
appropriate security clearances to the extent possible under applicable
procedures and requirements.

      `(q) Reports-

            `(1) FINAL REPORT- Not later than 18 months after the date
on which the Commission first meets, the Commission shall submit to the 
President and Congress a final report of its findings and conclusions, 
legislative recommendations for immediate and long-term countermeasures
to violent radicalization, homegrown terrorism, and ideologically based 
violence, and measures that can be taken to prevent violent
radicalization, homegrown terrorism, and ideologically based violence
from developing and spreading within the United States, and any final
recommendations for any additional grant programs to support these
purposes. The report may also be accompanied by a classified annex.

            `(2) INTERIM REPORTS- The Commission shall submit to the 
President and Congress--

                  `(A) by not later than 6 months after the date on
which the Commission first meets, a first interim report on--

                        `(i) its findings and conclusions and
legislative recommendations for the purposes described in paragraph
(1); and

                        `(ii) its recommendations on the feasibility of
a grant program established and administered by the Secretary for the
purpose of preventing, disrupting, and mitigating the effects of
violent radicalization, homegrown terrorism, and ideologically based
violence and, if such a program is feasible, recommendations on how
grant funds should be used and administered; and

                  `(B) by not later than 6 months after the date on
which the Commission submits the interim report under subparagraph (A),
a second interim report on such matters.

            `(3) INDIVIDUAL OR DISSENTING VIEWS- Each member of the 
Commission may include in each report under this subsection the
individual additional or dissenting views of the member.

            `(4) PUBLIC AVAILABILITY- The Commission shall release a
public version of each report required under this subsection.

      `(r) Availability of Funding- Amounts made available to the
Commission to carry out this section shall remain available until the
earlier of the expenditure of the amounts or the termination of the
Commission.

      `(s) Termination of Commission- The Commission shall terminate 30
days after the date on which the Commission submits its final report.

`SEC. 899D. CENTER OF EXCELLENCE FOR THE STUDY OF VIOLENT
RADICALIZATION AND HOMEGROWN TERRORISM IN THE UNITED STATES.

      `(a) Establishment- The Secretary of Homeland Security shall
establish or designate a university-based Center of Excellence for the
Study of Violent Radicalization and Homegrown Terrorism in the United
States (hereinafter referred to as `Center') following the merit-review
processes and procedures and other limitations that have been
previously established for selecting and supporting University Programs
Centers of Excellence. The Center shall assist Federal, State, local
and tribal homeland security officials through training, education, and
research in preventing violent radicalization and homegrown terrorism
in the United States.