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114th Congress    }                                      {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                      {     114-437

======================================================================



 
        AMPLIFYING LOCAL EFFORTS TO ROOT OUT TERROR ACT OF 2016

                                _______
                                

 February 29, 2016.--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

                        [To accompany H.R. 4401]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 4401) to authorize the Secretary of Homeland 
Security to provide countering violent extremism training to 
Department of Homeland Security representatives at State and 
local fusion centers, and for other purposes, having considered 
the same, report favorably thereon without amendment and 
recommend that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     3
Committee Consideration..........................................     4
Committee Votes..................................................     4
Committee Oversight Findings.....................................     4
New Budget Authority, Entitlement Authority, and Tax Expenditures     4
Congressional Budget Office Estimate.............................     5
Statement of General Performance Goals and Objectives............     5
Duplicative Federal Programs.....................................     6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     6
Federal Mandates Statement.......................................     6
Preemption Clarification.........................................     6
Disclosure of Directed Rule Makings..............................     6
Advisory Committee Statement.....................................     6
Applicability to Legislative Branch..............................     6
Section-by-Section Analysis of the Legislation...................     7
Changes in Existing Law Made by the Bill, as Reported............     8

                          PURPOSE AND SUMMARY

    The purpose of H.R. 4401 is to authorize the Secretary of 
Homeland Security to provide countering violent extremism 
training to Department of Homeland Security representatives at 
State and local fusion centers, and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    In September 2015, the final report of the Committee on 
Homeland Security's Task Force on Combating Terrorist and 
Foreign Fighter Travel was published. The report, produced by a 
bipartisan panel, issued 32 findings and provided more than 50 
recommendations for enhancing U.S. security. Among other 
conclusions, the Task Force report found that the majority of 
recent disruptions of aspiring U.S. foreign fighters occurred 
because of or were aided by warnings to law enforcement, 
whether from family, friends, informants, or the general 
public. Nevertheless, few initiatives exist nationwide to raise 
community awareness in order to keep more individuals from 
being recruited to join overseas terrorist organizations.
    Information from the public is crucial for stopping foreign 
fighter flows. ``A lot of cases we've disrupted, it's because 
somebody tipped us off,'' explained one senior Administration 
official who spoke with the members of the Task Force. The 
Federal Bureau of Investigation, the Department of Homeland 
Security (DHS), and other agencies do investigative work to 
identify extremists, but without community engagement their 
work is considerably more difficult.
    Today, the Obama Administration relies on small initiatives 
with few staff to spread awareness about the threat. The Task 
Force report found that the Community Awareness Brief is the 
federal government's primary domestic outreach effort to 
address domestic violent extremism and inform communities about 
terrorist recruiting. Also utilized are Community Resilience 
Exercises, which are designed to engage participants in mock 
scenarios involving the radicalization of a community member to 
pursue violent extremism. Unfortunately, resource constraints 
have kept these initiatives from being scaled beyond one-off 
presentations held intermittently around the country.
    The Task Force report recommended that DHS should use the 
National Network of Fusion Centers to more widely deploy 
initiatives such as the Community Awareness Brief and Community 
Resilience Exercise, designed to increase local understanding 
of the foreign fighter threat. Training fusion center staff 
around the country to help conduct these briefings and other 
types of outreach to counter violent extremism could help to 
increase community awareness and buy-in from local participants 
and more importantly, help stop terrorist travel and potential 
plots.
    The Task Force report also found that state and local law 
enforcement personnel continue to express concern that they are 
not provided with important counterterrorism information, 
whether because of a lack of security clearances, insufficient 
security clearance levels, or delays in security clearance 
processing.
    State and local law enforcement partners are essential for 
deterring, detecting, and disrupting terrorist travel. However, 
the Task Force report found that there is frustration among 
state and locals about the security clearance process. Some 
departments with a presence at fusion centers say they have too 
few officers or none with security clearances, while others 
feel hamstrung by the long delays in security clearance 
processing.
    Security clearance levels are also an issue. Most State and 
local law enforcement personnel who are granted security 
clearances are approved up to the ``Secret'' level. However, 
counterterrorism information is often classified at ``Top 
Secret'' and above, making it difficult, if not impossible, for 
those officers to assist in sensitive cases. In response to 
Congressional and fusion center concerns, DHS decided in 2015 
to sponsor certain clearances and streamline its process to 
make it easier for state and local law enforcement to be 
granted higher clearances. As a complement to this response, 
this legislation would enhance oversight by requiring the 
Department to give Congress a snapshot of the clearances it has 
sponsored for state and locals around the country so that the 
American people's representatives can make sure the right 
stakeholders have access to the right information to keep our 
country safe.

                                HEARINGS

    The Committee did not hold any hearings on H.R. 4401, 
however, the Committee held the following oversight hearings:
    On February 11, 2015, the 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 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 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 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 Ms. Farah Pandith, Adjunct Senior 
Fellow, Council on Foreign Relations; Mr. Seamus Hughes, Deputy 
Director, Program on Extremism, Center for Cyber and Homeland 
Security, George Washington University; and Mr. J. Richard 
Cohen, President, Southern Poverty Law Center.
    On September 8, 2015, the Committee held a field hearing in 
New York City, New York entitled ``Beyond Bin Laden's Caves and 
Couriers to A New Generation of Terrorists: Confronting the 
Challenges in a Post 9/11 World.'' The Committee received 
testimony from Hon. Rudolph ``Rudy'' W. Giuliani, Former Mayor, 
City of New York, New York; Mr. William J. Bratton, 
Commissioner, Police Department, City of New York, New York; 
Mr. Daniel A. Nigro, Commissioner, Fire Department, City of New 
York, New York; Mr. Lee A. Ielpi, President, September 11th 
Families Association; and Mr. Gregory A. Thomas, National 
President, National Organization of Black Law Enforcement 
Executives.
    On October 21, 2015, the Committee held a hearing entitled 
``Worldwide Threats and Homeland Security Challenges.'' The 
Committee received testimony from Hon. Jeh C. Johnson, 
Secretary, Department of Homeland Security; Hon. Nicholas J. 
Rasmussen, Director, The National Counterterrorism Center, 
Office of the Director of National Intelligence; and Hon. James 
B. Comey, Director, Federal Bureau of Investigation, U.S. 
Department of Justice.
    On November 18, 2015, the Committee on Homeland Security 
and the Committee on Foreign Affairs held a joint hearing 
entitled ``The Rise of Radicalism: Growing Terrorist 
Sanctuaries and the Threat to the U.S. Homeland.'' The 
Committees received testimony from Hon. Matthew G. Olsen, Co-
Founder and President, Business Development and Strategy, 
IronNet Cybersecurity; Gen. John M. Keane (Ret. U.S. Army), 
Chairman of the Board, Institute for the Study of War; and Mr. 
Peter Bergen, Vice President, Director International Security 
and Fellows Programs, New America.

                        COMMITTEE CONSIDERATION

    The Committee met on February 2, 2016, to consider H.R. 
4401, and ordered the measure to be reported to the House with 
a favorable recommendation, without amendment, by voice vote.

                            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 votes were requested during consideration of 
H.R. 4401.

                      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. 
4401, the Amplifying Local Efforts to Root out Terror Act of 
2016, 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, February 29, 2016.
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. 4401, the ALERT 
Act of 2016.
    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. 4401--ALERT Act of 2016

    H.R. 4401 would require the Department of Homeland Security 
(DHS), within 150 days of the bill's enactment, to submit to 
the Congress an assessment of DHS efforts to combat violent 
extremism at state, local, tribal, and territorial levels. The 
bill also would direct DHS, within 30 days of enactment, to 
report to the Congress on the number of employees of state, 
local, tribal, and territorial governments with security 
clearances sponsored by the department.
    Based on information from DHS, CBO estimates that 
implementing H.R. 4401 would cost less than $500,000; such 
spending would be subject to the availability of appropriated 
funds. Because enacting the legislation would not affect direct 
spending or revenues, pay-as-you-go procedures do not apply. 
CBO estimates that enacting H.R. 4401 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2027.
    H.R. 4401 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act. State, 
local, and tribal governments could benefit from training 
authorized in the bill; any costs to those governments would be 
incurred voluntarily.
    The CBO staff contact for this estimate is Mark Grabowicz. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
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. 4401 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    The goal of H.R. 4401 is to give the Department the ability 
to enhance U.S. Government outreach for countering violent 
extremism (CVE). The Committee found that community engagement 
is critical for mitigating terrorism threats, yet few CVE 
initiatives exist Nation-wide to help communities better 
identify and mitigate such threats. Training fusion center 
personnel offers the opportunity to rapidly ``scale up'' CVE 
activities around the country. The bill requires an assessment 
of DHS efforts to support State, local, tribal, and territorial 
CVE activities, with the goal of searching for additional 
opportunities for assistance and identifying CVE best 
practices. Furthermore, the bill also includes a requirement 
for DHS to report to Congress on the number of security 
clearances sponsored by DHS for State and local government 
personnel nationwide and the level of such clearances so that 
Congress can ensure the right stakeholders are getting access 
to the right information in order to help connect the dots and 
assist with other counterterrorism efforts.

                      DUPLICATIVE FEDERAL PROGRAMS

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 4401 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

   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. 4401 does 
not preempt any State, local, or Tribal law.

                  DISCLOSURE OF DIRECTED RULE MAKINGS

    The Committee estimates that H.R. 4401 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 
``Amplifying Local Efforts to Root out Terror Act of 2016'' or 
the ``ALERT Act of 2016''.

Section 2.   Countering violent extremism training

            Subsection (a)--Authorization of training
    This subsection authorizes the Secretary of Homeland 
Security to provide training for personnel at State and major 
area fusion centers, including State, local, tribal, and 
territorial fusion center representatives, to administer 
community awareness briefings and related activities for 
countering violent extremism (CVE), identifying and reporting 
suspicious activities, and identifying terrorism threats-
including those related to foreign fighters. The Committee 
believes that fusion center training could be an effective tool 
for the Secretary to deliver CVE programs nationwide.
            Subsection (b)--Coordination
    This subsection requires the Secretary, to the extent 
practicable, to coordinate the training with the heads of other 
relevant agencies engaged in CVE outreach. In particular, the 
Committee believes such training should be done in close 
coordination with the National Counterterrorism Center, the 
Department of Justice, the Department of State, and other 
appropriate agencies involved in CVE activities.

Sec. 3.   Countering violent extremism assessment

            Subsection (a)--Assessment required
    This subsection requires the Secretary, in consultation 
with local stakeholders, to assess Department of Homeland 
Security (DHS) efforts to support CVE activities at the State, 
local, Tribal, and territorial levels. The assessment must 
occur no later than 120 days after enactment and include:
          1. A cataloguing of DHS efforts to assist such 
        governments with CVE activities;
          2. A review of cooperative agreements between DHS and 
        such governments on CVE; and
          3. An evaluation of DHS plans and opportunities to 
        better support the CVE activities of such governments, 
        consistent with all relevant constitutional, legal, and 
        privacy protections.
            Subsection (b)--Submission to Congress
    This subsection requires that, not later than 150 days 
after enactment, the Secretary must submit the findings of the 
review to the appropriate Congressional committees along with 
any related information regarding CVE best practices at the 
State, local, Tribal, and territorial levels.

Sec. 4.   Department-sponsored clearances

    This section requires the Secretary of Homeland Security, 
not later than 30 days after enactment of this Act, to notify 
the appropriate Congressional committees regarding the number 
and level of security clearances sponsored by DHS that are held 
by State, local, Tribal, and territorial government personnel. 
The Committee believes such personnel can be a force multiplier 
in countering terrorism threats to the homeland and, 
accordingly, may require access to the necessary sensitive 
information to be involved in such efforts.

Sec. 5.   Prohibition on additional funding

    This section requires the Secretary of Homeland Security to 
complete the training activities, CVE assessments, and 
clearance notification, required under this Act using funds 
already appropriated or made available to the Department of 
Homeland Security.

Sec. 6.   Definitions

    This section defines ``appropriate congressional 
committees'' and ``violent extremism''.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    As reported, H.R. 4401 makes no changes to existing law.

                                  [all]