[House Report 114-344]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-344
======================================================================
COUNTERING VIOLENT EXTREMISM ACT OF 2015
_______
November 19, 2015.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. McCaul, from the Committee on Homeland Security, submitted the
following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 2899]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 2899) to amend the Homeland Security Act of 2002
to authorize the Office for Countering Violent Extremism,
having considered the same, report favorably thereon with an
amendment and recommend that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 4
Background and Need for Legislation.............................. 5
Hearings......................................................... 9
Committee Consideration.......................................... 11
Committee Votes.................................................. 12
Committee Oversight Findings..................................... 12
New Budget Authority, Entitlement Authority, and Tax Expenditures 12
Congressional Budget Office Estimate............................. 12
Statement of General Performance Goals and Objectives............ 13
Duplicative Federal Programs..................................... 14
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 14
Federal Mandates Statement....................................... 14
Preemption Clarification......................................... 14
Disclosure of Directed Rule Makings.............................. 14
Advisory Committee Statement..................................... 14
Applicability to Legislative Branch.............................. 14
Section-by-Section Analysis of the Legislation................... 14
Changes in Existing Law Made by the Bill, as Reported............ 17
Additional Views................................................. 21
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Countering Violent Extremism Act of
2015'' or the ``CVE Act''.
SEC. 2. AUTHORIZATION OF THE OFFICE FOR COUNTERING VIOLENT EXTREMISM 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 new
section:
``SEC. 104. OFFICE FOR COUNTERING VIOLENT EXTREMISM.
``(a) Establishment.--There is in the Department an Office for
Countering Violent Extremism. The head of the Office shall be the
Assistant Secretary for Countering Violent Extremism, who shall be
appointed by the Secretary. The Secretary shall also appoint a career
Deputy Assistant Secretary for Countering Violent Extremism.
``(b) Assignment of Personnel.--The Secretary shall assign or hire,
as appropriate, permanent staff to the Office for Countering Violent
Extremism. 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 Countering Violent Extremism.
``(d) Responsibilities.--The Assistant Secretary for Countering
Violent Extremism shall be responsible for the following:
``(1) Coordinating the Department's activities to counter
violent extremism across all the components and offices of the
Department that conduct strategic and supportive activities to
counter violent extremism. Such activities shall include the
following:
``(A) Identifying risk factors that contribute to
violent extremism in communities in the United States
and potential remedies for use by Government and non-
government institutions.
``(B) Identifying populations targeted by violent
extremist propaganda, messaging, or recruitment.
``(C) Managing the outreach and engagement activities
of the Department directed toward communities at risk
for radicalization and recruitment for violent
extremist activities.
``(D) Ensuring relevant information, empirically-
valid research, and products inform activities to
counter violent extremism.
``(E) Developing and maintaining a Department-wide
strategy guiding policies and programs to counter
violent extremism. Such strategy shall, at a minimum,
address each of the following:
``(i) The Department's counter-messaging
program pursuant to paragraph (2), including a
plan to leverage new and existing Internet,
digital, and other technologies and social
media platforms to counter violent extremism,
as well as the best practices and lessons
learned of other Federal, State, local, tribal,
territorial, nongovernmental, and foreign
partners engaged in similar counter-messaging
activities.
``(ii) The Department's countering violent
extremism-related engagement and outreach
activities.
``(iii) The use of cooperative agreements
with State, local, tribal, territorial, and
other Federal departments and agencies
responsible for activities relating to
countering violent extremism.
``(iv) Ensuring all activities related to
countering violent extremism fully respect the
privacy, civil rights, and civil liberties of
all Americans.
``(v) The development of qualitative and
quantitative outcome-based metrics to evaluate
the Department's programs and policies to
counter violent extremism.
``(F) 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 ensure the
dissemination of information and methods to Federal,
State, local, tribal, and territorial countering
violent extremism practitioners, officials, law
enforcement, and non-governmental partners to utilize
such research and analysis.
``(G) Assessing the methods used by violent
extremists to disseminate propaganda and messaging to
communities at risk for radicalization and recruitment.
``(2) Establishing a counter-messaging program to craft
strategic counter-messages to the propaganda and messaging
referred to in subparagraph (G) of paragraph (1) 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.
``(3) Serving as the primary representative of the Department
in coordinating countering violent extremism activities 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 and the Officer for Civil Rights
and Civil Liberties of the Department, 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) 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
Countering Violent Extremism 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 violent extremism.
``(f) Grant Program.--
``(1) Establishment.--The Assistant Secretary for Countering
Violent Extremism, 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 violent
extremism.
``(2) Implementation plan.--Not later than 90 days after the
date of the enactment of this section, the Assistant Secretary
for Countering Violent Extremism, 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 violent extremist activities
or organizations known to engage in such activities, as
determined by the Assistant Secretary for Countering Violent
Extremism, in coordination with the heads of other relevant
Federal departments and agencies.
``(g) Annual Report.--The Assistant Secretary for Countering Violent
Extremism 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 Countering
Violent Extremism. Each such report shall include the following:
``(1) A description of the status of the programs and
policies of the Department for countering violent extremism in
the United States, including the budget of the Department for
countering violent extremism and the number of full-time
employees dedicated to countering violent extremism programs,
as well as the number of part-time employees supporting
countering violent extremism programs. Each such budget shall
include an accounting of all funding amounts for all
departmental programs, initiatives, and personnel related to
countering violent extremism.
``(2) A description of the activities of the Office to
cooperate with and provide assistance to other departments and
agencies.
``(3) The qualitative and quantitative outcome-based metrics
under clause (v) of subsection (d)(1)(E) 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 violent
extremism, an accounting of grants awarded by the Department to
counter violent extremism, and an accounting of all training
specifically aimed at countering violent extremism sponsored by
the Department.
``(5) Details of the optimal level of personnel and funding
for the Office.
``(6) An analysis of how the Department's activities to
counter violent extremism 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 violent
extremism.
``(8) An evaluation of the grant program under subsection
(f), including information on the effectiveness of such grants
in countering violent extremism.
``(9) A description of how the Office incorporated lessons
learned from the countering violent extremism programs and
policies of other Foreign departments and agencies, as well as
foreign, State, local, tribal, and territorial governments and
stakeholder communities.
``(h) Violent Extremism Defined.--In this section, the term `violent
extremism' means ideologically motivated terrorist activities.
``(i) Authorization of Funding.--Out of funds made available to the
Office of the Secretary, $10,000,000 is authorized to be used for the
Office for Countering Violent Extremism for each of fiscal years 2016
through 2020, of which $6,000,000 shall be used to carry out the grant
program under subsection (f).
``(j) Sunset.--This section shall terminate on the date that is five
years after the date of the enactment of this section.''.
(b) 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 Countering Violent Extremism.''.
Purpose and Summary
The purpose of H.R. 2899, the ``Countering Violent
Extremism Act of 2015'' or ``CVE Act'' is to amend the Homeland
Security Act of 2002 (Pub. L. 107-296) to authorize the Office
for Countering Violent Extremism, and for other purposes.
H.R. 2899 establishes the highest-ranking federal official
dedicated to countering violent extremism (CVE) and the
radicalization and recruitment of Americans and streamlines
government CVE efforts by authorizing an Assistant Secretary to
run the Office for Coordinating Violent Extremism (OCVE). This
will provide much-needed leadership and accountability to
overall domestic CVE efforts. Additionally, H.R. 2899 requires
that DHS establish a program to counter the narrative of
extremist groups recruiting and radicalizing in the US. In his
remarks on Monday July 6, 2015 the President admitted that we
have to do more to counter the ideology of extremist groups--
this bill helps that effort. This bill will help combat the
spread of violent extremist propaganda online and through
social media, a tactic increasingly used by al Qaeda, the
Islamic State of Iraq and Syria (ISIS)\1\ and other violent
Islamist extremists to radicalize and recruit Americans to
their cause. The Office will serve as the primary
representative in coordinating with the State Department on
international countering violent extremism issues, a step that
would help align international efforts with domestic CVE
efforts. It will also help the Department's community
engagement efforts and serve as the Department's liaison with
state and local authorities engaging in CVE efforts.
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\1\The organization referred to as the Islamic State of Iraq and
Syria (ISIS) is alternatively known as the Islamic State of Iraq and
the Levant (ISIL), the Islamic State (IS), and occasionally, ``Daesh.''
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Background and Need for Legislation
On May 30, 2014, Committee on Homeland Security Chairman
Michael McCaul wrote to the President's Homeland Security and
Counterterrorism Advisor, Lisa Monaco, to announce that the
Committee would conduct a thorough review of Executive Branch
CVE programs and policies. On December 17, 2014, Chairman
McCaul detailed the preliminary findings of this review in a
letter to President Obama, stating that, ``CVE efforts are
especially vulnerable to suffer from a lack of clear leadership
particularly because a successful CVE program necessarily
requires the involvement of a diverse set of actors in its
execution.'' The need for greater organization and clarity for
domestic CVE efforts has subsequently been highlighted for
Committee Members in briefings with senior officials as well as
public testimony. Secretary of Homeland Security Jeh Johnson
recently noted that more than eight components and offices
within DHS have a role in the Department's CVE activities.\2\
President Obama recently acknowledged the need for improvements
to Federal CVE programs, saying:
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\2\The Honorable Jeh Johnson, Secretary of Homeland Security,
Correspondence with Chairman McCaul, July 15, 2015.
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. . . we also have to acknowledge that ISIL has been
particularly effective at reaching out to and
recruiting vulnerable people around the world,
including here in the United States. And they are
targeting Muslim communities around the world. Numerous
individuals have been arrested across the country for
plotting attacks or attempting to join ISIL in Syria
and Iraq. Two men apparently inspired by ISIL opened
fire in Garland, Texas . . . And that means that we're
going to have to pick up our game to prevent these
attacks. It's also true why, ultimately, in order for
us to defeat terrorist groups like ISIL and al Qaeda
it's going to also require us to discredit their
ideology--the twisted thinking that draws vulnerable
people into their ranks . . . So the United States will
continue to do our part, by working with partners to
counter ISIL's hateful propaganda, especially
online.\3\
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\3\President Barack Obama, ``Remarks by the President on Progress
in the Fight Against ISIL,'' July 6, 2015. https://www.whitehouse.gov/
the-press-office/2015/07/06/remarks-president-progress-fight-against-
isil.
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Furthermore, since the release of the Obama
Administration's CVE strategy in 2011, there have been several
homegrown violent extremist plots, such as the 2013 Boston
Marathon bombing, and the July 2015 shooting in Chattanooga,
Tennessee, as well as an increase in the flow of American
citizens who embrace the violent Islamist extremist ideology of
al Qaeda and ISIS to join these groups or their affiliates
around the globe (particularly in Syria and Iraq).
Violent Islamist extremism is regarded by most experts and
senior U.S. officials as the principle extremist threat to the
United States. The two most prominent Islamist extremist groups
that pose a threat to the Untied States are al Qaeda (and its
various offshoots and affiliates) and ISIS. Although the
particular strategies of each group are different, both
advocate for ``the establishment of a global caliphate--a
jurisdiction governed by a Muslim civil and religious leader
known as a caliph--via violent means,'' according to the
Congressional Research Service.\4\ Both groups present a direct
threat to US security. What's more, both groups actively
propagandize to and recruit Americans and other Westerners to
carry out attacks in the United States and her allies. The
Committee's goal with H.R. 2899 is to establish an office
within DHS to confront and prevent the radicalization and
recruitment of Americans to violent Islamist extremist
organizations such as al Qaeda and ISIS. The Committee fully
expects DHS, and all departments and agencies responsible for
national security, to prioritize major threats and allocate
resources accordingly. Any earnest and rational threat
assessment will consider a wide array of organizations and
ideologies that pose a threat to the U.S. Homeland, but as
Secretary Johnson recently confirmed, it is the violent
Islamist extremist ideology of al Qaeda and ISIS which presents
the greatest threat to the United States. During recent
Congressional testimony, Secretary Johnson noted:
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\4\Jerome P. Bjelopera, ``American Jihadist Terrorism: Combating a
Complex Threat,'' Congressional Research Service, February 19, 2014.
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At the moment, my priority has been focusing on
communities that I believe are most vulnerable, at
least some members of the community, to appeals from
ISIL, Al-Qaeda, and other terrorist groups overseas who
are actively targeting individuals in these
communities. And so I think we need to focus on
communities that themselves have the ability to
influence who may be turning in the direction of
violence.\5\
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\5\The Honorable Jeh Johnson, in testimony before the House of
Representatives Committee on the Judiciary, July 14, 2015. http://
www.cq.com/doc/congressionaltranscripts-4723930?4.
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While Congress and the Executive Branch should be prepared
to address evolving and emerging threats, it is self-evident
that any CVE program must continue to address the principle
terrorist threat to the United States homeland.
The Threat
The jihadist threat in the U.S. homeland is high and has
escalated dramatically in recent years. A recently released
Committee estimate indicates there have been more U.S.-based
jihadist terror cases in 2015 than in any full year since 9/11.
The number of U.S. terrorist cases involving homegrown violent
jihadists went from 38 in July 2010 to 129 by October 2015--
more than a three-fold increase in just five years. According
to the Committee's analysis, ISIS has inspired or directed 65
terror attack plots against Western targets, including 18 in
the United States to date. Additionally, there have now been
nearly twice as many ISIS-linked attack plots against the West
this year (37) as there were in all of 2014 (20).
Much of this growth has been attributed to the rise of
ISIS, and their significant investment in online propaganda
efforts and their effective use of social media to reach a
global audience of individuals at risk for radicalization and
recruitment. This is a tactic originally embraced by Anwar al-
Awlaki, a senior cleric in the Yemen-based Al Qaeda in the
Arabian Peninsula (AQAP). However, the proliferation of
terrorist safe havens throughout the Middle East and North
Africa, combined with the increased use of social media
platforms has led to a rapid rise in propaganda efforts among
multiple extremist groups around the globe. Now, violent
Islamist extremist propaganda is segmented to reach diverse
audiences, often written in the vernacular of their target
audiences. Jihadists in the U.S. have the luxury of hearing
North American accents on ISIS videos and reading ISIS
magazines written by native English speakers. This trend has
maximized exposure to extremist recruitment and propaganda
efforts around the world, and in the United States, which only
adds to the likelihood that American's will embrace the
jihadist ideology.\6\ There is no domestic Federal effort
currently directed at challenging this propaganda which is
designed to recruit American audiences, even though the
Department of State has established a foreign-focused counter
messaging effort to confront extremist propaganda
internationally.
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\6\HR 2899 is intended to address this threat not only by
establishing a counter messaging effort to challenge extremist
propaganda targeting Americans, but also by requiring DHS to develop a
grant program dedicated to strengthening the ability of credible,
nongovernment voices countering the violent Islamist extremist
narrative. Numerous CVE experts and senior officials have emphasized
the importance of maximizing the impact of nongovernmental
organizations, religious institutions and the private sector in CVE
efforts.
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Federal CVE Efforts
In August 2011, the Obama Administration issued its
national countering violent extremism (CVE) strategy, titled
``Empowering Local Partners to Prevent Violent Extremism in the
United States.'' The strategy emphasizes the importance of a
``community-based approach,'' to recognizing that communities
are often the best-equipped to identify violent extremist
messages and to prevent individuals from falling victim to
their influence. In December 2011, it was followed by a
Strategic Implementation Plan, which attempted to clarify roles
and responsibilities among various departments and agencies
responsible for federal CVE efforts.
Community engagement programs run by DHS and the National
Counterterrorism Center (NCTC) are currently the most prominent
examples of federal CVE efforts. Community Awareness Briefings
(CABs), which have occurred in 42 cities as of November 15,
2015 educate communities at risk for radicalization and
recruitment on the threat from violent extremism. Similarly,
over the last three fiscal years, Community Resilience
Exercises (CREXs) have been held in ten times, providing
reality-based scenarios of radicalization and opportunities to
identify solutions. Both programs are continually updated, and
have recently been expanded to engage directly with women and
youth.
Other Federal CVE efforts include CVE-specific education
and training for Federal, State, and local law enforcement. The
sharing of research and information among CVE components has
increased in the last four years, providing data and
performance metrics for developing new and preexisting CVE
programs. The DHS Office of Intelligence and Analysis, for
example, has begun studying homegrown violent extremists and
violent extremist messaging to assess how best to counter the
radicalization threat.\7\ There have also been many CVE
trainings and workshops, including multiple CVE education
programs for local law enforcement agencies at the DHS Federal
Law Enforcement Training Center (FLETC).\8\
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\7\DHS Response to 12/2014 Letter, p. 6.
\8\Ibid., p. 4.
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Committee's Review of Federal CVE Efforts
The Committee, after a lengthy review that included
multiple briefings and site visits, has found a number of key
shortcomings in the Administration's CVE strategy, which are
detailed in Chairman McCaul's December 17, 2014 letter to
President Obama. They include:
The lack of a clearly defined, overall lead agency.
The lack of an overall definition of ``CVE.''
The lack of budgeting for and accounting of CVE efforts
and reliable personnel figures.
The lack of established metrics for success.
Unclear coordination between domestic and foreign CVE
efforts.
The DHS CVE Mission
First, as the Administration's 2011 CVE strategy notes, an
effective CVE effort ``must use a wide range of good governance
programs--including those that promote immigrant integration
and civic engagement, protect civil rights, and provide social
services--that may help prevent radicalization that leads to
violence.''\9\ As some current and former federal officials
have noted, DHS touches on a wider array of these types of
programs than perhaps any other entity among the four
departments and agencies that engage in domestic CVE efforts,
considering their numerous component agencies which handle
immigration, transportation security, and training for federal,
state and local law enforcement, among other issues of
importance to communities at risk for radicalization and
recruitment for violent Islamist extremism.
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\9\``Empowering Local Partners to Prevent Violent Extremism in the
United States,'' Executive Office of the President, p. 2. https://
www.whitehouse.gov/sites/default/files/empowering_local_partners.pdf
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Additionally, other agencies responsible for domestic CVE
programs and policies have a unique role to play, but need a
reliable, robust, and well-organized partner in DHS. As an
intelligence agency, the NCTC is primed to support CVE
activities with expertise and understanding of the changing
threat landscape, but is unlikely to be able to work closely
with a wide array of communities at risk for radicalization and
recruitment, in large part because of resource limitations. At
the same time, the Final Report of the 9/11 Review Commission
released by the FBI earlier this year, details several reasons
why the Bureau cannot take on the ``social and prevention role
in the CVE mission.''\10\ Of note, this report specifically
identifies DHS as having the potential to take on FBI's work in
this field. The Department of Justice has a major support role
with regard to CVE as U.S. Attorneys were identified in the
Administration's 2011 CVE Strategy as the primary focus of
community engagement efforts. But U.S. Attorneys have competing
demands and diverse challenges. It is unrealistic to expect
each U.S. Attorney's office across the country to invest the
necessary time and energy into CVE, but rather they should be
able to provide guidance and support to DHS outreach and
engagement efforts.
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\10\Bruce Hoffman, Edwin Meese III, Timothy J. Roemer, ``The FBI:
Protecting the Homeland in the 21st Century,'' Federal Bureau of
Investigation, March 25, 2015.
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As a practical matter, DHS CVE efforts have received
significant support from senior Department leadership, which
has arguably resulted in these programs being further along.
Secretary Johnson has participated in a series of community
engagement events across the United States and created the
Department's first stand-alone CVE Coordinator in 2014, and
established the Office for Community Partnerships in September
2015 dedicated ``to the mission of countering violent extremism
. . . to continue to build relationships and promote trust,
and, in addition, find innovative ways to support communities
that seek to discourage violent extremism and undercut
terrorist narratives. In one major example, ''\11\ Federal
officials have explained that the Los Angeles Pilot Program
Framework developed with assistance from a DHS official
dedicated to CVE for that area reflects work that was already
being carried out before the pilot program was initiated, while
related frameworks for Minneapolis and Boston, developed by the
U.S. Attorneys offices in those cities, reflect future programs
still being implemented. HR 2899 therefore provides Congress
the ability to better organize and clearly resource ongoing DHS
CVE activities, and ensure they meet the expectations of the
American people.
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\11\``Statement by Secretary Jeh C. Johnson on DHS's New Office for
Community Partnerships,'' Department of Homeland Security, September
28, 2015. https://www.dhs.gov/news/2015/09/28/statement-secretary-jeh-
c-johnson-dhs%E2%80%99s-new-office-community-partnerships.
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Hearings
No hearings were held on H.R. 2899, however the Committee
held the following oversight hearings:
112th Congress
On March 10, 2011, the Full Committee held a hearing
entitled ``The Extent of Radicalization in the American Muslim
Community and That Community's Response.'' The Committee
received testimony from Hon. John D. Dingell, a Representative
in Congress from 15th District of Michigan; Hon. Keith Ellison,
a Representative in Congress from the 5th District of
Minnesota; Hon. Frank Wolf, a Representative in Congress from
the 10th District of Virginia; Dr. M. Zuhdi Jasser, President
and Founder, American Islamic Forum for Democracy; Mr.
Abdirizak Bihi, Director, Somali Education and Social Advocacy
Center; Mr. Melvin Bledsoe, Private Citizen; and Sheriff Leroy
Baca, Los Angeles County Sheriff's Department.
On June 15, 2011, the Full Committee held a hearing
entitled ``The Threat of Muslim-American Radicalization in U.S.
Prisons.'' The Committee received testimony from Mr. Patrick T.
Dunleavy, Retired Deputy Inspector General, Criminal
Intelligence Unit, New York State Department of Correctional
Services; Mr. Kevin Smith, Former Assistant United States
Attorney, Central District of California; Mr. Michael P.
Downing, Commanding Officer, Counter-Terrorism and Special
Operations Bureau, Los Angeles Police Department; and Dr. Bert
Useem, Department Head and Professor, Sociology Department,
Purdue University.
On December 7, 2011, the Full Committee with the Senate
Committee on Homeland Security and Governmental Affairs
Committee held the first ever joint hearing entitled
``Homegrown Terrorism: The threat to Military Communities
Inside the United States.'' The Committees received testimony
from Hon. Paul N. Stockton, Assistant Secretary of Defense for
Homeland Defense and America's Security Affairs, Office of
Undersecretary of Defense for Policy, Department of Defense,
accompanied by Mr. Jim Stuteville, United States Army Senior
Advisor, Counterintelligence Operations and Liaison to the
Federal Bureau of Investigation; LTC Reid L. Sawyer, Director,
Combating Terrorism Center at West Point; and Mr. Daris Long,
Private Citizen.
On July 30, 2012, the Subcommittee on Counterterrorism and
Intelligence held a field hearing in Buffalo, New York entitled
``Beyond Borders: Are the Department of Homeland Security's
International Agreements Ensuring Actionable Intelligence to
Combat Threats to the U.S. Homeland?'' The Subcommittee
received testimony from Ms. Deborah Meyers, Director, Canadian
Affairs, Office of International Affairs, Department of
Homeland Security; Mr. Daniel J. Neaverth, Jr., Commissioner,
Department of Emergency Services, Erie County; and Mr. James
Voutour, Sheriff, Niagara County, New York.
113th Congress
On May 22, 2013, the Subcommittee on Counterterrorism and
Intelligence held a hearing entitled ``Assessing the Threat to
the Homeland from al Qaeda Operations in Iraq and Syria.'' The
Subcommittee received testimony from Seth G. Jones, Ph.D.,
Associate Director, International Security and Defense Policy
Center, The RAND Corporation, Mr. Robin Simcox, Research
Fellow, The Henry Jackson Institute; Mr. Thomas Joscelyn,
Senior Fellow, Foundation for the Defense of Democracies; and
Mr. Barak Barfi, Research Fellow, New America Foundation.
On July 24, 2014, the Subcommittee on Counterterrorism and
Intelligence held a hearing entitled ``Jihadist Safe Havens:
Efforts to Detect and Deter Terrorist Travel.'' The
Subcommittee received testimony from Dr. Fred Kagan, Director,
Critical Threats Project, American Enterprise Institute; Mr.
Robin Simcox, Research Fellow, The Henry Jackson Society; Dr.
Peter Brookes, Senior Fellow, National Security Affairs, Davis
Institute for National Security and Foreign Policy, The
Heritage Foundation; and Seth G. Jones, Ph.D., Director,
International Security and Defense Policy Center, The RAND
Corporation.
114th Congress
On February 11, 2015, the Full Committee held a hearing
entitled ``Countering Violent Islamist Extremism: The Urgent
Threat of Foreign Fighters and Homegrown Terror.'' The
Committee received testimony from Hon. Francis X. Taylor, Under
Secretary, Intelligence and Analysis, U.S. Department of
Homeland Security; Hon. Nicholas J. Rasmussen, Director,
National Counterterrorism Center, Office of the Director of
National Intelligence; and Mr. Michael B. Steinbach, Assistant
Director, Counterterrorism Division, Federal Bureau of
Investigation, U.S. Department of Justice.
On March 24, 2015, the Full Committee held a hearing
entitled ``A Global Battleground: The Fight Against Islamist
Extremism at Home and Abroad.'' The Committee received
testimony from Hon. Newt Gingrich, Former Speaker of the U.S.
House of Representatives; General Michael Hayden (USAF-Ret.),
Former Director, Central Intelligence Agency and Former
Director, National Security Agency; Mr. Philip Mudd, Senior
Fellow, New America Foundation; and Mr. Brian Michael Jenkins,
Senior Adviser to the RAND President, The RAND Corporation.
On June 3, 2015, the Full Committee held a hearing entitled
``Terrorism Gone Viral: The Attack in Garland, Texas and
Beyond.'' The Committee received testimony from Mr. John J.
Mulligan, Deputy Director, National Counterterrorism Center;
Hon. Francis X. Taylor, Under Secretary, Intelligence and
Analysis, U.S. Department of Homeland Security; and Mr. Michael
B. Steinbach, Assistant Director, Counterterrorism Division,
Federal Bureau of Investigation, U.S. Department of Justice.
On July 15, 2015, the Full Committee held a hearing
entitled ``The Rise of Radicalization: Is the U.S. Government
Failing to Counter International and Domestic Terrorism?'' The
Committee received testimony from Mr. Seamus Hughes, Deputy
Director, Program on Extremism, Center for Cyber and Homeland
Security, George Washington University; Ms. Farah Pandith,
Adjunct Senior Fellow, Council on Foreign Relations; Mr.
Richard Cohen, President, Southern Poverty Law Center.
Committee Consideration
The Committee met on July 15, 2015, to consider H.R. 2899,
and ordered the measure to be reported to the House with a
favorable recommendation, amended, by voice vote. The Committee
took the following actions:
The following amendments were offered:
A Amendment in the Nature of a Substitute offered by Mr.
McCaul (#1); was AGREED TO, as amended, by voice vote.
An Substitute Amendment in the Nature of a Substitute offered
by Mr. Thompson of Mississippi (#1); was NOT AGREED TO, by
voice vote.
An amendment to the Amendment in the Nature of a Substitute to
H.R. 2899 offered by Mr. Katko (#1A); was AGREED TO by voice
vote.
In subsection (d) of the proposed section 104 of the Homeland
Security Act of 2002 (as added by section 1 of the bill), add the
following: ``(6) Coordinating with the Administrator of the Federal
Emergency Management Agency to administer the grant program under
subsection (f).''.
Redesignate subsections (f) through (h) of the proposed section
104 of the Homeland Security Act of 2002 (as added by section 1 of the
bill) as subsections (i) through (k), respectively.
Insert a new subsection entitled ``(f) Grant Program.''
In subsection (i) (relating to the annual report), as so
redesignated, of the proposed section 104 of the Homeland Security Act
of 2002 (as added by section 1 of the bill), insert the following:
``(8) An evaluation of the grant program under subsection (f),
including information on the effectiveness of such grants in countering
violent extremism.''.
In subsection (h) (relating to authorization of funding), insert
before the period at the end the following: ``of which $6,000,000 shall
be used to carry out the grant program under subsection (f)''.
An amendment to the Amendment in the Nature of a Substitute to
H.R. 2899 offered by Mr. Loudermilk (#1B); was AGREED TO by
voice vote.
Page 8, beginning line 13, insert the following:
``(8) A description of how the Office incorporated lessons learned
from the countering violent extremism programs and policies of other
Foreign departments and agencies, as well as foreign, State, local,
tribal, and territorial governments and stakeholder communities.''.
An amendment to the Amendment in the Nature of a Substitute to
H.R. 2899 offered by Mr. Duncan of South Carolina (#1C); was
AGREED TO by voice vote.
Page 8, line 20, strike the closing quotation mark and the second
period.
Page 8, beginning line 21, insert a new subsection entitled ``(i)
Sunset.''
Committee Votes
Clause 3(b) of Rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded vote was requested during consideration of H.R.
299.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of Rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
2899, the Countering Violent Extremism Act of 2015, would
result in no new or increased budget authority, entitlement
authority, or tax expenditures or revenues.
Congressional Budget Office Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 6, 2015.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2899, the
Countering Violent Extremism Act of 2015.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Keith Hall.
Enclosure.
H.R. 2899--Countering Violent Extremism Act of 2015
Summary: H.R. 2899 would establish the Office for
Countering Violent Extremism in the Department of Homeland
Security. The bill would authorize the appropriation of $10
million annually over the 2016-2020 period for the office,
including $6 million each year for the office to make grants to
community groups and other organizations for counter-messaging
campaigns targeting violent extremism.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing H.R. 2899 would cost $41 million
over the 2016-2020 period. Pay-as-you-go procedures do not
apply to this legislation because it would not affect direct
spending or revenues.
H.R. 2899 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would not affect the budgets of state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 2899 is shown in the following table.
The costs of this legislation fall within budget function 750
(administration of justice).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------
2016 2017 2018 2019 2020 2016-2020
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level..................................... 10 10 10 10 10 50
Estimated Outlays....................................... 4 8 9 10 10 41
----------------------------------------------------------------------------------------------------------------
For this estimate, CBO assumes that the amounts authorized
in the bill will be appropriated by the start of each fiscal
year and that outlays will follow the historical rate of
spending for similar activities.
Pay-As-You-Go considerations: None.
Intergovernmental and private-sector impact: H.R. 2899
contains no intergovernmental or private-sector mandates as
defined in UMRA and would not affect the budgets of state,
local, or tribal governments.
Estimate prepared by: Federal costs: Mark Grabowicz; Impact
on state, local, and tribal governments: Melissa Merrell;
Impact on the private sector: Paige Piper/Bach.
Estimate approved by: Theresa A. Gullo, Assistant Director
for Budget Analysis.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the
House of Representatives, H.R. 2899 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
H.R. 2899 requires that for each of the next five years,
the Department of Homeland Security must submit to Congress a
report which includes ``qualitative and quantitative outcome-
based metrics'' for measuring the success of CVE programs.
Duplicative Federal Programs
Pursuant to clause 3(c) of Rule XIII, the Committee finds
that H.R. 2899 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
While H.R. 2899 does not establish a duplicative existing
program, it is intended to establish within the Department of
Homeland Security an Office for Countering Violent extremism,
to replace and enhance the authority of the existing Office of
Community Partnerships, established on September 28, 2015.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with Rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule
XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Preemption Clarification
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring the report of any Committee on a bill or
joint resolution to include a statement on the extent to which
the bill or joint resolution is intended to preempt State,
local, or Tribal law, the Committee finds that H.R. 2899 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 2899 would require no
directed rule makings.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short Title.
This section provides that this bill may be cited as the
``Countering Violent Extremism Act of 2015'' or the ``CVE
Act''.
Sec. 2. Authorization of the Office for Countering Violent Extremism
of the Department of Homeland Security.
This section established with in the Homeland Security Act
of 2002 (6 U.S.C. 101 et seq) a new section as follows:
``sec. 104. office for countering violent extremism.''
Subsection (a) amends Title I of the Homeland Security Act
of 2002 by adding ``Sec. 104. Office for Countering Violent
Extremism.'' This section is broken down as follows:
Paragraph (a)--Establishment creates an Office for
Countering Violent Extremism in the Department of Homeland
Security, led by ``The Assistant Secretary for Countering
Violent Extremism'' (the Assistant Secretary) and will be
appointed by the Secretary of Homeland Security. The Secretary
will also appoint a career Deputy Assistant Secretary for
Countering Violent Extremism.
Paragraph (b)--Assignment of Personnel requires the
Secretary to assign or hire permanent staff for the OCVE, and
seek to assign or hire an individual with a background in
technical matters, the media, communications, or marketing.
Paragraph (c)--Support requires the Secretary to appoint
liaisons from each appropriate component and office within the
Department to support the OCVE, including at a minimum U.S.
Customs and Border Protection, U.S. Immigration and Customs
Enforcement, U.S. Citizenship and Immigration Services, the
Office of Privacy, the National Protection and Programs
Directorate, the Office of Civil Rights and Civil Liberties,
the U.S. Secret Service, and the Science and Technology
Directorate.
Paragraph (d)--Responsibilities outlines duties of the
Assistant Secretary and the OCVE. Some of these functions
reflect ongoing efforts DHS is currently engaged in that would
be managed or coordinated through the OCVE across DHS.
This includes coordination on A) identifying risk factors
and potential remedies for violent extremism; B) identifying
populations targeted by violent extremist propaganda,
messaging, or recruitment; C) managing DHS outreach to these
at-risk populations; D) ensuring relevant and empirically valid
research and products inform CVE efforts; E) developing a
Department-wide CVE strategy (which is required to address a
counter- messaging program that uses the Internet, digital, and
other technologies and is based on the best practices of
domestic and international partners, engagement and outreach
efforts, cooperative agreements, privacy and civil liberties,
and qualitative and quantitative and outcome-based evaluative
metrics); F) identifying areas for CVE-related research; and G)
assessing methods used by violent extremists to disseminate
propaganda.
In addition, the Assistant Secretary is required to
establish a counter-messaging program using the internet,
relevant social media platforms, and other resources; act as
the department-level representative to coordinate CVE efforts
with other departments and non-governmental organizations
(NGOs); serve as the primary Department-level representative in
coordinating with the Department of State on international CVE
efforts; and assist the Federal Emergency Management Agency
(FEMA) Administrator and the Officer for Civil Rights and Civil
Liberties in awarding CVE-related grants.
Paragraph (e)--Memorandum of Understanding requires the
Assistant Secretary for to enter into a memorandum of
understanding with the FEMA Administrator regarding CVE-related
grants. CVE is already an allowable use for these grants under
current DHS policy. This section provides clarity on the roles
of the Assistant Secretary and the Administrator in the
evaluation of grant applications and the awarding of grants.
Paragraph (f)--Grant Program establishes a program for
eligible communities and organizations to receive grants to
create counter-messaging campaigns. This program will be
coordinated by the Assistant CVE Secretary, FEMA Administrator,
and CRCL Officer, who all must provide the both the House and
Senate Homeland Security Committees with an implementation plan
for the grant program 90 days after the section's enactment. An
organization or community group is ineligible for a grant if
they have funded or engaged in violent extremist activities.
Paragraph (g)--Annual Report requires the Assistant
Secretary to submit an annual report to Congress and outlines
topics for the report to address. These include:
1. a description of the status of DHS CVE-related programs
and policies and the Department's budget and personnel
dedicated to CVE (including those dedicated to CVE
full- and part-time);
2. a description of how the OCVE is working with other
departments and agencies;
3. quantitative and qualitative outcome-based metrics for
evaluating the success of CVE programs within the
Office and details on how these programs are evaluated;
4. a detailed summary of NGOs with which DHS conducted
outreach or to which DHS awarded CVE-related grants; an
account of how those grants were spent; a list of all
CVE-related trainings sponsored by DHS;
5. details of the optimal level of personnel and funding
for the Office;
6. an analysis of how the Department's CVE activities
correspond and adapt to the threat environment;
7. a detailed summary of how civil rights and civil
liberties are protected in the Department's CVE
efforts;
8. an evaluation of the grant program, including its
effectiveness; and
9. a description of how the Office incorporated lessons
learned from CVE programs and policies belonging to
other departments and agencies.
Paragraph (h)--Violent Extremism Defined defines the term
``violent extremism,'' which for the purpose of this bill means
``ideologically motivated terrorist activities.''
Paragraph (i)--Authorization of Funding authorizes $10
million of the funds made available to the Office of the
Secretary to the OCVE for each of fiscal years 2016 through
2020, with $6,000,000 for use by the grant program established
under subsection (f).
Paragraph (j)--Sunset will commence five years after the
date of enactment.
Subsection (b)--Clerical Amendment amends the table of
contents in the Homeland Security Act of 2002 to reflect the
insertion of Sec. 104 after Sec. 103.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeland
Security Act of 2002''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
* * * * * * *
TITLE I--DEPARTMENT OF HOMELAND SECURITY
* * * * * * *
Sec. 104. Office for Countering Violent Extremism.
* * * * * * *
TITLE I--DEPARTMENT OF HOMELAND SECURITY
* * * * * * *
SEC. 104. OFFICE FOR COUNTERING VIOLENT EXTREMISM.
(a) Establishment.--There is in the Department an Office for
Countering Violent Extremism. The head of the Office shall be
the Assistant Secretary for Countering Violent Extremism, who
shall be appointed by the Secretary. The Secretary shall also
appoint a career Deputy Assistant Secretary for Countering
Violent Extremism.
(b) Assignment of Personnel.--The Secretary shall assign or
hire, as appropriate, permanent staff to the Office for
Countering Violent Extremism. 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 Countering Violent Extremism.
(d) Responsibilities.--The Assistant Secretary for Countering
Violent Extremism shall be responsible for the following:
(1) Coordinating the Department's activities to
counter violent extremism across all the components and
offices of the Department that conduct strategic and
supportive activities to counter violent extremism.
Such activities shall include the following:
(A) Identifying risk factors that contribute
to violent extremism in communities in the
United States and potential remedies for use by
Government and non-government institutions.
(B) Identifying populations targeted by
violent extremist propaganda, messaging, or
recruitment.
(C) Managing the outreach and engagement
activities of the Department directed toward
communities at risk for radicalization and
recruitment for violent extremist activities.
(D) Ensuring relevant information,
empirically-valid research, and products inform
activities to counter violent extremism.
(E) Developing and maintaining a Department-
wide strategy guiding policies and programs to
counter violent extremism. Such strategy shall,
at a minimum, address each of the following:
(i) The Department's counter-
messaging program pursuant to paragraph
(2), including a plan to leverage new
and existing Internet, digital, and
other technologies and social media
platforms to counter violent extremism,
as well as the best practices and
lessons learned of other Federal,
State, local, tribal, territorial,
nongovernmental, and foreign partners
engaged in similar counter-messaging
activities.
(ii) The Department's countering
violent extremism-related engagement
and outreach activities.
(iii) The use of cooperative
agreements with State, local, tribal,
territorial, and other Federal
departments and agencies responsible
for activities relating to countering
violent extremism.
(iv) Ensuring all activities related
to countering violent extremism fully
respect the privacy, civil rights, and
civil liberties of all Americans.
(v) The development of qualitative
and quantitative outcome-based metrics
to evaluate the Department's programs
and policies to counter violent
extremism.
(F) 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 ensure the dissemination of
information and methods to Federal, State,
local, tribal, and territorial countering
violent extremism practitioners, officials, law
enforcement, and non-governmental partners to
utilize such research and analysis.
(G) Assessing the methods used by violent
extremists to disseminate propaganda and
messaging to communities at risk for
radicalization and recruitment.
(2) Establishing a counter-messaging program to craft
strategic counter-messages to the propaganda and
messaging referred to in subparagraph (G) of paragraph
(1) 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.
(3) Serving as the primary representative of the
Department in coordinating countering violent extremism
activities 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 and the Officer for
Civil Rights and Civil Liberties of the Department,
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) 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
Countering Violent Extremism 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 violent extremism.
(f) Grant Program.--
(1) Establishment.--The Assistant Secretary for
Countering Violent Extremism, 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 violent
extremism.
(2) Implementation plan.--Not later than 90 days
after the date of the enactment of this section, the
Assistant Secretary for Countering Violent Extremism,
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 violent
extremist activities or organizations known to engage
in such activities, as determined by the Assistant
Secretary for Countering Violent Extremism, in
coordination with the heads of other relevant Federal
departments and agencies.
(g) Annual Report.--The Assistant Secretary for Countering
Violent Extremism 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 Countering Violent Extremism. Each
such report shall include the following:
(1) A description of the status of the programs and
policies of the Department for countering violent
extremism in the United States, including the budget of
the Department for countering violent extremism and the
number of full-time employees dedicated to countering
violent extremism programs, as well as the number of
part-time employees supporting countering violent
extremism programs. Each such budget shall include an
accounting of all funding amounts for all departmental
programs, initiatives, and personnel related to
countering violent extremism.
(2) A description of the activities of the Office to
cooperate with and provide assistance to other
departments and agencies.
(3) The qualitative and quantitative outcome-based
metrics under clause (v) of subsection (d)(1)(E) 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 violent extremism, an accounting of grants
awarded by the Department to counter violent extremism,
and an accounting of all training specifically aimed at
countering violent extremism sponsored by the
Department.
(5) Details of the optimal level of personnel and
funding for the Office.
(6) An analysis of how the Department's activities to
counter violent extremism 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
violent extremism.
(8) An evaluation of the grant program under
subsection (f), including information on the
effectiveness of such grants in countering violent
extremism.
(9) A description of how the Office incorporated
lessons learned from the countering violent extremism
programs and policies of other Foreign departments and
agencies, as well as foreign, State, local, tribal, and
territorial governments and stakeholder communities.
(h) Violent Extremism Defined.--In this section, the term
``violent extremism'' means ideologically motivated terrorist
activities.
(i) Authorization of Funding.--Out of funds made available to
the Office of the Secretary, $10,000,000 is authorized to be
used for the Office for Countering Violent Extremism for each
of fiscal years 2016 through 2020, of which $6,000,000 shall be
used to carry out the grant program under subsection (f).
(j) Sunset.--This section shall terminate on the date that is
five years after the date of the enactment of this section.
* * * * * * *
ADDITIONAL VIEWS
On Wednesday, July 15, 2015, the Committee on Homeland
Security approved by voice vote, H.R. 2899, ``The Countering
Violent Extremism Act of 2015,'' or ``CVE Act'' as amended. At
the mark-up, I was prepared to offer an amendment in the nature
of a substitute that would have addressed significant concerns
I had about H.R. 2899's potential impact on Americans' civil
rights and civil liberties. After a vigorous debate, however, I
received a commitment from Chairman McCaul that he would work
with me to resolve these issues, which were raised by Committee
Democrats and shared by outside organizations, most notably the
American Civil Liberties Union. While I am pleased that the
Chairman agreed to make some refinements to the bill, I remain
skeptical about H.R. 2899.
H.R. 2899 would establish a high-level office for
Countering Violent Extremism (CVE) within the Department of
Homeland Security (DHS). The legislation requires DHS to
establish a program to counter the narrative promulgated by
extremist groups that seek to recruit and radicalize
individuals in the United States. I appreciate the threat posed
by terrorist organizations that utilize social media and the
Internet to spread propaganda and radicalize American youth, I
continue to have concerns about the efficacy of the approach
advanced by H.R. 2899.
Under its existing CVE program, DHS coordinates with other
Federal agencies to provide training to local law enforcement,
as well as community engagement activities, to build resiliency
in at-risk communities. These CVE activities are not without
controversy. Civil rights and civil liberty concerns are
implicated when the practice of a CVE program is to focus
almost exclusively on Muslim communities while ignoring other
types of violent extremism despite recent incidents. Sovereign
citizen and other anti-government groups have successfully
recruited new members through the use of mainstream sites such
as Facebook as well as through dedicated extremist sites. The
assailant who carried out the deadly attack in Charleston,
South Carolina frequented such sites. Moreover, the
Department's current approach risks conveying a message of
discrimination, and inequality that may play into terrorists'
recruitment propaganda.
I am encouraged that H.R. 2899, with the refinements
negotiated with the Chairman, now expands the DHS' CVE
activities from ``ideologically motivated terrorist
activities''--which is not defined in statute--to
``ideologically motivated international terrorism,'' which is
defined in code (18 U.S.C. 2331). This definition would broaden
the scope of the Department's CVE activities to target not only
ideologies linked to foreign terrorist organizations, but also
ideologically-motivated ``domestic terrorism.'' This is an
important clarification of Congress' expectation of DHS in the
CVE mission space. Despite numerous requests for the Department
to expand its CVE activities beyond Muslim communities, DHS has
yet to comply. Thus, it is unclear whether the Department will
fully embrace its responsibility to address ideologically-
motivated ``domestic terrorism.''
Additionally, after much negotiation, the legislation now
requires the Department to issue a CVE strategy that links its
activities with ``homeland security risk posed by violent
extremism based on the threat environment and empirical data
assessing terrorist activities and incidents, and violent
extremist propaganda, messaging, or recruitment.'' Ostensibly,
this would bring DHS's singular focus on recruitment from
foreign terrorists into alignment with the current threat
environment that most state and locals agree is posed by
domestic terrorism.
Although DHS continues to be actively engaged in CVE, it
has rebuffed opportunities to come before the Committee on
Homeland Security to testify about its current CVE efforts. DHS
still has yet to present a CVE strategy or formal statement of
the Department's position on this bill. Moreover, there are no
studies or identifiable metrics to show the effectiveness of
the CVE programs.
Until there is more transparency from the Department
regarding its current CVE activities, and a strategy for
implementation tied directly to validated approaches, it is
premature to establish a high-level CVE office. Put simply,
there is no justification for creating a new office with new
authorities and a $40 million dollar budget to engage in
activities that have not yet been scientifically validated.
While I share my colleague's commitment to countering the
threat of violent extremism in all of its forms, the concerns I
raised at the Committee mark-up in July remain. H.R. 2899 can
only achieve its goal if the Department puts forth identifiable
metrics and an agency strategy that ensures that the office
respects civil liberties and civil rights while addressing
domestic and international threats of violent extremism.
Despite my concerns, I am hopeful that H.R. 2899 can be
successful in our efforts to counter violent extremism, without
making unnecessary and ill-advised concessions to the civil
rights and civil liberties of ordinary Americans. Whether H.R.
2899, or similar legislation, is enacted into law or not, I
look forward to continued, rigorous oversight of DHS' CVE
programs in the weeks and months ahead, and I urge the Chairman
to make this oversight a priority.
Bennie G. Thompson.
[all]