[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6664 Introduced in House (IH)]
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115th CONGRESS
2d Session
H. R. 6664
To develop a national strategy to prevent targeted violence through
threat assessment and management, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 10, 2018
Mr. Babin introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To develop a national strategy to prevent targeted violence through
threat assessment and management, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Threat Assessment, Prevention, and
Safety Act of 2018''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) incidents of targeted violence are impacting our Nation
frequently and indiscriminately;
(2) a collaborative, multi-disciplinary, and multi-
jurisdictional threat assessment and management process on a
Federal, State, local, and Tribal level complements the
development of better tactical methods for strategically
preventing targeted violence in communities, including schools;
(3) the United States has the capability to rapidly develop
threat assessment and management guidelines, practices, and
standards;
(4) the United States should encourage the standardization
of such guidelines, practices, and standards for streamlined
and cohesive use across the United States;
(5) establishing such guidelines, practices, and standards
is an important first step toward preventing targeted violence;
and
(6) it is in the national security interest of the United
States to develop such guidelines, practices, and standards.
SEC. 3. ESTABLISHMENT OF A JOINT THREAT ASSESSMENT AND MANAGEMENT TASK
FORCE.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall
establish within the Department of Homeland Security a Joint Threat
Assessment and Management Task Force (referred to in this Act as the
``Task Force'').
(b) Duties.--It shall be the duty of the Task Force to provide
recommendations to the appropriate committees of Congress and the
Secretary of Homeland Security on the development and implementation of
a national strategy for preventing targeted violence through threat
assessment and management (referred to in this Act as the ``national
strategy'').
(c) Membership.--
(1) Composition.--The Task Force shall be composed of not
more than 21 members as follows:
(A) The Secretary of Homeland Security or a
designee with a position classified at GS-15 or above.
(B) Not more than two representatives of a
nongovernmental organization that is determined by the
Secretary of Homeland Security to have expertise in
threat assessment and management.
(C) Not more than two psychiatrists or
psychologists who are determined by the Secretary of
Homeland Security to have expertise in behavior-based
threat assessment and management.
(D) Not more than three representatives from local
threat assessment and management units who are
determined by the Secretary of Homeland Security to
have expertise in threat assessment and management.
(E) Not more than three representatives from State
threat assessment and management units who are
determined by the Secretary of Homeland Security to
have expertise in threat assessment and management.
(F) One expert in threat assessment and management
appointed by the head of each of the following
entities:
(i) The National Threat Assessment Center
of the United States Secret Service.
(ii) The Protective Intelligence and
Assessment Division of the United States Secret
Service.
(iii) The Behavioral Analysis Unit-1 of the
Critical Incident Response Group of the Federal
Bureau of Investigation.
(iv) The Joint Terrorism Task Force of the
Federal Bureau of Investigation.
(v) The United States Marshals Service of
the Department of Justice.
(vi) The Office on Violence Against Women
of the Department of Justice.
(vii) The Naval Criminal Investigative
Service of the Department of the Navy.
(viii) The United States Capitol Police.
(ix) The Department of Education.
(x) The Department of Health and Human
Services.
(2) Chairperson.--The Secretary of Homeland Security shall
appoint a chairperson of the Task Force.
(3) Consultation.--The Task Force may, as the chairperson
determines necessary, consult with experts in threat assessment
and management from State, local, and Tribal government
agencies and private entities that have established threat
assessment and management programs.
(4) Term of membership.--
(A) Term of members.--Members of the Task Force
shall serve until the head of the respective entity of
the member appoints a new representative to the Task
Force.
(B) Term of chairperson.--The chairperson shall
serve until the Secretary of Homeland Security appoints
a new chairperson.
(5) Member compensation.--Members of the Task Force may not
receive additional pay, allowances, or benefits by reason of
their service on the Task Force.
(d) Operating Rules and Procedures.--
(1) Rules and procedures.--Any member of the Task Force may
propose to develop or change existing operating rules and
procedures of the Task Force consistent with the functions of
the Task Force. Any change to such operating rules and
procedures shall be adopted upon a majority vote of the Task
Force.
(2) Findings and solutions.--The Task Force shall adopt
recommendations for the implementation of the national strategy
only upon a majority vote of the Task Force.
(3) Voting.--Each member of the Task Force shall have one
vote.
(4) Quorum.--Two-thirds of the members of the Task Force
shall be present to constitute a quorum, but a lesser number
may hold meetings.
(e) Staff Director and Staff.--
(1) Staff director.--The chairperson may appoint a staff
director, who shall be paid at a rate not to exceed the rate of
basic pay for level IV of the Executive Schedule under section
5315 of title 5, United States Code.
(2) Staff.--The staff director may appoint not more than 3
additional staff personnel.
(3) Applicability of certain civil service laws.--The staff
of the Task Force shall be appointed subject to the provisions
of title 5, United States Code, governing appointments in the
competitive service, and shall be paid in accordance with the
provisions of chapter 51 and subchapter III of chapter 53 of
that title relating to classification and General Schedule pay
rates.
(4) Experts and consultants.--The Task Force and the staff
director, acting with the approval of the Task Force, may
procure temporary and intermittent services pursuant to section
3109(b) of title 5, United States Code.
(5) Staff of federal agencies.--Upon the request of the
Secretary of Homeland Security, the head of any Federal
department or agency may detail, on a reimbursable basis, any
of the personnel of such Federal department or agency to the
Task Force to assist it in carrying out the duties of the Task
Force under this section.
(f) Powers of the Task Force.--Any member of the Task Force may, if
authorized by the Task Force, take any action which the Task Force is
authorized to take by this section.
(g) Obtaining Official Data.--Subject to applicable privacy laws
and regulations, the Task Force may secure directly from any Federal
department or agency information necessary to enable it to carry out
the duties of the Task Force under this section. Upon request of the
chairperson of the Task Force, the head of such Federal department or
agency shall furnish such information to the Task Force.
(h) Administrative Support Services.--Upon the request of the Task
Force, the Administrator of General Services shall provide to the Task
Force, on a reimbursable basis, the administrative support services
necessary for the Task Force to carry out the duties of the Task Force
under this section.
(i) Contract Authority.--To the extent and in the amounts made
available in advance in appropriations Acts, the Task Force may
contract with and compensate State, local, and Tribal government
agencies and private entities or persons for services necessary to
carry out the duties of the Task Force under this section.
(j) Report.--Not later than 120 days after the date of the
enactment of this Act, the Task Force shall submit to the appropriate
committees of Congress and the Secretary of Homeland Security a report
on recommendations related to the national strategy, including
recommendations for the development and implementation of the national
strategy.
(k) Dissolution of Task Force.--The Task Force shall terminate 180
days after the date of the enactment of this Act.
(l) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section not more than $1,000,000 for
fiscal year 2019.
SEC. 4. CONTENTS OF NATIONAL STRATEGY RECOMMENDATIONS.
National strategy recommendations provided by the Task Force
pursuant to section 3(j) shall include each of the following:
(1) Existing infrastructure plans.--Recommendations
relating to the most effective use of existing Federal, State,
local, and Tribal infrastructure, workforce, and experience,
including--
(A) the use of personnel, communication channels,
and information sharing capabilities of fusion centers;
and
(B) a standardized threat assessment and management
process.
(2) Unit support program.--Recommendations relating to a
Threat Assessment and Management Unit Support Program, which
shall--
(A) assist Federal, State, local, Tribal government
agencies and private entities in the implementation of
community based, multi-disciplinary, and multi-
jurisdictional threat assessment and management units;
(B) consult on real-world complex threat assessment
and management cases or programs;
(C) promote coordination and information sharing
among Federal, State, local, and Tribal government
agencies and private entities with protective or public
safety responsibilities; and
(D) support standardization between Federal, State,
local, and Tribal government agency threat assessment
and management units.
(3) Training program.--Recommendations relating to a Threat
Assessment and Management Training Program, which may train
officers and employees of Federal, State, local, and Tribal
government agencies and private entities in standardized
community based, multi-disciplinary, and multi-jurisdictional
threat assessment and management, including--
(A) integrated operations;
(B) information sharing among Federal, State,
local, and Tribal government agencies and private
entities with protective or public safety
responsibilities; and
(C) disseminating published evidence-based research
materials on targeted violence prevention through
threat assessment and management.
(4) School violence prevention program.--Recommendations
relating to a Threat Assessment and Management School Violence
Prevention Program for educational entities, which shall--
(A) train and support a multi-disciplinary and
multi-jurisdictional threat assessment and management
process, including the coordination of information
sharing;
(B) consult on real-world complex threat assessment
and management cases or programs;
(C) support the standardization between educational
entity threat assessment and management units; and
(D) disseminate to educational entities published
research materials on threat assessment and management
and the prevention of targeted violence within
educational entities.
SEC. 5. DEVELOPMENT OF NATIONAL STRATEGY.
(a) National Strategy Development.--The Secretary of Homeland
Security shall develop a national strategy relating to threat
assessment and management and consider the recommendations made by the
Task Force pursuant to section 4 in the development of such strategy.
(b) Effective Date.--The national strategy shall take effect 180
days after the date of the enactment of this Act unless Congress enacts
a joint resolution of disapproval of the national strategy during such
180-day period.
SEC. 6. IMPLEMENTATION OF THE NATIONAL STRATEGY.
(a) In General.--Beginning on the date that the national strategy
takes effect under section 5(b), the Secretary of Homeland Security
shall implement the national strategy and provide information and
training services related to the national strategy at the request of
any Federal, State, local, or Tribal government agency or private
entity with protective or public safety responsibilities.
(b) Consultation.--In implementing the national strategy, the
Secretary of Homeland Security may consult with the following:
(1) The United States Secret Service, including--
(A) the National Threat Assessment Center; and
(B) the Protective Intelligence and Assessment
Division.
(2) The Department of Justice, including--
(A) the Behavioral Analysis Unit-1 of the Critical
Incident Response Group of the Federal Bureau of
Investigation;
(B) the Joint Terrorism Task Force of the Federal
Bureau of Investigation;
(C) the United States Marshals Service; and
(D) the Office on Violence Against Women.
(3) The Department of the Navy, including the Naval
Criminal Investigative Service.
(4) The United States Capitol Police.
(5) The Department of Education.
(6) The Department of Health and Human Services.
(7) Nongovernmental organizations that are determined by
the Secretary of Homeland Security to have expertise in threat
assessment and management.
(8) Psychiatrists or psychologists who are determined by
the Secretary of Homeland Security to have expertise in
behavior-based threat assessment and management.
(9) State and local threat assessment and management units.
(c) Appointment of High-Level Official.--
(1) In general.--The Secretary of Homeland Security shall
designate a senior official within the Department of Homeland
Security to be responsible for coordinating the implementation
and coordination of the national strategy.
(2) Duties.--The duties of the official designated pursuant
to paragraph (1) shall include the following:
(A) Acting as a liaison between each Federal agency
regarding the implementation and coordination of the
strategy.
(B) Being knowledgeable about budget priorities and
familiar with all efforts within the Department of
Homeland Security and the Federal Government related to
the strategy.
(d) Contracting Services.--The Secretary of Homeland Security shall
enter into contracts with public agencies or private entities with
expertise in threat assessment and management to assist with the
implementation of the national strategy.
(e) Website.--The Secretary of Homeland Security may develop an
interactive public website to publicize information and data on
evidence-based practices in threat assessment and management, except
that such website may not include law enforcement sensitive or
classified data or processes and sources.
(f) Report to Congress.--Not later than 1 year after the date of
the enactment of this Act and each year thereafter, the Secretary of
Homeland Security shall submit to the appropriate committees of
Congress a report on any action taken to implement the national
strategy, which shall include the following:
(1) Information relating to the number of detailees hired
(on a full-time equivalent basis).
(2) Information relating to the number of, and use of,
contracts entered into with public agencies or private
entities, as required under subsection (d).
(3) Information relating to the number of entities
participating in the Threat Assessment and Management Training
Program under section 4(3).
(4) Information relating to the number of educational
entities participating in the Threat Assessment and Management
School Violence Prevention Program under section 4(4).
(5) Information relating to the number of Federal, State,
local, and Tribal law enforcement entities participating in the
Threat Assessment and Management Unit Support Program under
section 4(2).
(6) Information relating to the number of States
participating in the Threat Assessment and Management Grant
Program under section 7.
(7) A formal evaluation conducted by the Homeland Security
Studies and Analysis Institute of the Department of Homeland
Security studying the implementation and effectiveness of the
national strategy.
(8) Information relating to the level of cooperation
between Federal Government agencies in the implementation of
the strategy.
(9) An assessment of future trends, challenges, and
opportunities, including new technologies, that will impact
Federal, State, local, and Tribal government agency efforts to
combat targeted violence through threat assessment and
management.
(g) Annual Briefing.--Not later than 1 year after the date of the
enactment of this Act and each year thereafter, the Secretary of
Homeland Security shall brief the appropriate committees of Congress on
the progress, changes, and other developments with respect to
implementing the national strategy.
SEC. 7. THREAT ASSESSMENT AND MANAGEMENT GRANT PROGRAM.
(a) In General.--The Secretary of Homeland Security shall award
grants to eligible entities to establish community based units that
implement the national strategy.
(b) Application.--To receive a grant under this subsection, an
eligible entity shall submit an application to the Secretary of
Homeland Security at such time, in such manner, and containing such
information as the Secretary of Homeland Security may require.
(c) Matching Funds.--An eligible entity that receives a grant under
this subsection shall provide a cash contribution in an amount that is
not less than 10 percent of the amount of the grant.
(d) Waiver.--The Secretary of Homeland Security may waive or reduce
the cash contribution required under subsection (c) for eligible
entities that demonstrate a need for such a waiver or reduction.
(e) Eligible Entity Defined.--The term ``eligible entity'' means--
(1) a State;
(2) a Tribal organization;
(3) an educational entity;
(4) a unit of local government; or
(5) a nongovernmental organization.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out sections 6 and 7 $25,000,000 for each of fiscal years 2019 through
2023.
(b) Limitation.--No funds authorized to be appropriated under this
section may be used to train any individual in the use of a firearm.
SEC. 9. DEFINITIONS.
In this Act:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the Committee on
Homeland Security and the Committee on the Judiciary of the
House of Representatives and the Committee on Homeland Security
and Governmental Affairs and the Committee on the Judiciary of
the Senate.
(2) Definitions related to certain educational terms.--The
terms ``early childhood education program'', ``elementary
school'', ``local educational agency'', ``secondary school'',
and ``State educational agency'' have the meanings given such
terms in section 8101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
(3) Educational entities.--The term ``educational
entities'' means--
(A) a State educational agency;
(B) a local educational agency;
(C) an institution of higher education;
(D) an elementary school or secondary school;
(E) an early childhood education program; or
(F) a postsecondary vocational institution.
(4) Fusion center.--The term ``fusion center'' has the
meaning given such term in section 210A(j)(1) of the Homeland
Security Act of 2002 (6 U.S.C. 124h(j)(1)).
(5) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(6) Postsecondary vocational institution.--The term
``postsecondary vocational institution'' has the meaning given
such term in section 102(c) of the Higher Education Act of 1965
(20 U.S.C. 1002(c)).
(7) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands.
(8) Targeted violence.--The term ``targeted violence''
means any incident of predatory violence with respect to which
an identifiable individual or group focuses an attack on a
particular target.
(9) Threat assessment and management.--The term ``threat
assessment and management'' means the systematic and evidence-
based process of--
(A) identifying individuals who are exhibiting
patterns of concerning behavior that indicate an
interest, motive, intention, or capability of carrying
out an act of violence;
(B) investigating and gathering information from
multiple sources to assess whether an individual
described in subparagraph (A) poses a threat, based on
articulable facts; and
(C) the subsequent management of such a threat, if
necessary.
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