Threat Assessment, Prevention, and Safety Act of 2019
This bill directs the Department of Homeland Security (DHS) to establish a Joint Behavioral Threat Assessment and Management Task Force, which shall provide recommendations to Congress and DHS on the development and implementation of a national strategy for preventing targeted violence through behavioral threat assessment and management.
The bill defines behavioral threat assessment and management as the systematic and evidence-based process of (1) identifying individuals whose behavior indicates a capacity for committing acts of violence, (2) investigating and gathering information from multiple sources to assess whether such individuals pose a threat, and (3) the subsequent management of such a threat.
DHS shall (1) develop and implement the national strategy and provide information and training services related to it, and (2) award grants to establish community based units for implementing the national strategy.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 838 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 838
To develop a national strategy to prevent targeted violence through
behavioral threat assessment and management, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 29, 2019
Mr. Babin (for himself and Mrs. Demings) 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
behavioral 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 2019''.
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 behavioral threat assessment and management
process on a Federal, State, local, and Tribal level
complements the development of better methods for strategically
preventing targeted violence in communities, including schools;
(3) the United States has the capability to rapidly develop
behavioral threat assessment and management guidelines and best
practices;
(4) the United States should encourage the sharing of such
guidelines and best practices for streamlined and cohesive use
across the United States;
(5) establishing such guidelines and best practices is an
important step toward preventing targeted violence;
(6) such guidelines and best practices should account for
different needs of communities across the United States; and
(7) it is in the national security interest of the United
States to develop such guidelines and best practices.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the Committee on
Appropriations, the Committee on Homeland Security and the
Committee on the Judiciary of the House of Representatives and
the Committee on Appropriations, the Committee on Homeland
Security and Governmental Affairs, and the Committee on the
Judiciary of the Senate.
(2) Behavioral threat assessment and management.--The term
``behavioral 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.
(3) 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 those
terms in section 8101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
(4) 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.
(5) Fusion center.--The term ``fusion center'' has the
meaning given the term in section 210A(j)(1) of the Homeland
Security Act of 2002 (6 U.S.C. 124h(j)(1)).
(6) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(7) Mental health service professional.--The term ``mental
health service professional'' has the meaning given the term in
section 799B of the Public Health Service Act (42 U.S.C. 295p).
(8) Nongovernmental organization.--The term
``nongovernmental organization'' means an organization that is
not a Federal, State, or local governmental agency.
(9) 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)).
(10) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(11) 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.
(12) 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.
SEC. 4. ESTABLISHMENT OF A JOINT BEHAVIORAL THREAT ASSESSMENT AND
MANAGEMENT TASK FORCE.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the Secretary shall establish within the Department of
Homeland Security a Joint Behavioral Threat Assessment and Management
Task Force (referred to in this Act as the ``Task Force'').
(b) Development of National Strategy.--
(1) In general.--It shall be the duty of the Task Force to
provide recommendations to the appropriate committees of
Congress and the Secretary on the development and
implementation of a national strategy for preventing targeted
violence through behavioral threat assessment and management
(referred to in this Act as the ``national strategy'').
(2) Requirement.--In developing the national strategy
required under paragraph (1), the Task Force shall take into
account the different needs of communities across the United
States.
(3) Rule of construction.--The national strategy developed
under this subsection shall not be construed to be a national
standard.
(c) Membership.--
(1) Composition.--
(A) In general.--The Task Force shall be composed
of not more than 24 members as follows:
(i) The Secretary or a designee with a
position classified at GS-15 or above.
(ii) Not more than 2 representatives of a
nongovernmental organization that is determined
by the Secretary to have expertise in
behavioral threat assessment and management.
(iii) Not more than 2 mental health service
professionals with clinical experience who are
determined by the Secretary to have expertise
in behavioral threat assessment and management.
(iv) One State or local prosecutor who is
determined by the Secretary to have expertise
in behavioral threat assessment and management.
(v) Not more than 2 representatives from an
educational entity who are determined by the
Secretary to have expertise in behavioral
threat assessment and management.
(vi) Not more than 2 representatives from
local behavioral threat assessment and
management units who are determined by the
Secretary to have expertise in behavioral
threat assessment and management.
(vii) Not more than 2 representatives from
State behavioral threat assessment and
management units who are determined by the
Secretary to have expertise in behavioral
threat assessment and management.
(viii) One expert in behavioral 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 Office of Protective
Intelligence of 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 Threat Assessment
Section of the United States Capitol
Police.
(IX) The Department of Education.
(X) The Department of Health and
Human Services.
(XI) The Department of Veterans
Affairs.
(XII) The Office of Protective
Intelligence Investigations of the
Diplomatic Security Service of the
Department of State.
(B) Representation.--If a member of the Task Force
has expertise in more than 1 of the subject matter
areas described in subparagraph (A), the member shall
be considered a representative of only 1 subject matter
area.
(2) Chairperson.--The Secretary shall appoint a chairperson
of the Task Force.
(3) Consultation.--The Task Force may, as the chairperson
determines necessary, consult with experts in behavioral threat
assessment and management from Federal, State, local, and
Tribal government agencies and private entities.
(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 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, 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 enactment of
this Act, the Task Force shall submit to the appropriate committees of
Congress and the Secretary 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 enactment of this Act.
(l) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section not more than $1,000,000 for
fiscal year 2020.
SEC. 5. CONTENTS OF NATIONAL STRATEGY RECOMMENDATIONS.
The national strategy recommendations required to be provided by
the Task Force under section 4(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 model behavioral threat assessment and
management process.
(2) Unit support program.--Recommendations relating to a
Behavioral 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 behavioral threat assessment and
management units;
(B) consult on real-world complex behavioral 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 collaboration between Federal, State,
local, and Tribal government agency behavioral threat
assessment and management units.
(3) Training program.--Recommendations relating to a
Behavioral Threat Assessment and Management Training Program,
which may train officers and employees of Federal, State,
local, and Tribal government agencies and private entities in
community-based, multi-disciplinary, and multi-jurisdictional
behavioral 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
behavioral threat assessment and management.
(4) School violence prevention program.--Recommendations
relating to a Behavioral Threat Assessment and Management
School Violence Prevention Program for educational entities,
which shall--
(A) train and support a multi-disciplinary and
multi-jurisdictional behavioral threat assessment and
management process, including the coordination of
information sharing;
(B) consult on real-world complex behavioral threat
assessment and management cases or programs;
(C) support collaboration between educational
entity behavioral threat assessment and management
units; and
(D) disseminate to educational entities published
research materials on behavioral threat assessment and
management and the prevention of targeted violence
within educational entities.
(5) Mental health service professional assessment.--
Recommendations relating to the involvement of mental health
service professionals to collaborate, advise, and consult in a
behavioral threat assessment process, as permitted under
applicable Federal and State law.
SEC. 6. DEVELOPMENT OF NATIONAL STRATEGY.
(a) National Strategy Development.--
(1) In general.--The Secretary shall develop a national
strategy relating to behavioral threat assessment and
management and consider the recommendations made by the Task
Force pursuant to section 5 in the development of such
strategy.
(2) Requirement.--In developing the national strategy
required under paragraph (1), the Secretary shall account for
diverse needs and existing resources of different communities.
(b) Effective Date.--The national strategy required under
subsection (a) shall take effect 180 days after the date of enactment
of this Act, unless Congress enacts a joint resolution of disapproval
of the national strategy during such 180-day period.
SEC. 7. IMPLEMENTATION OF THE NATIONAL STRATEGY.
(a) In General.--Beginning on the date that the national strategy
takes effect under section 6(b), the Secretary 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 may consult with Federal, State, local, and Tribal government
agencies and private entities.
(c) Appointment of High-Level Official.--
(1) In general.--The Secretary shall designate a senior
official within the Department of Homeland Security to be
responsible for coordinating the implementation 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, as well as any State, local, or Tribal
government agency or private entity with protective or
public safety responsibilities 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 shall enter into contracts
with public agencies or private entities with expertise in behavioral
threat assessment and management to assist with the implementation of
the national strategy.
(e) Website.--The Secretary shall develop and publish an
interactive public website to publicize information and data on
evidence-based best practices in behavioral 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
enactment of this Act and each year thereafter, the Secretary 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 Behavioral Threat Assessment and
Management Training Program under section 5(3).
(4) Information relating to the number of educational
entities participating in the Behavioral Threat Assessment and
Management School Violence Prevention Program under section
5(4).
(5) Information relating to the number of Federal, State,
local, and Tribal law enforcement entities participating in the
Behavioral Threat Assessment and Management Unit Support
Program under section 5(2).
(6) Information relating to the number of States
participating in the Behavioral Threat Assessment and
Management Grant Program under section 8.
(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 behavioral threat assessment
and management.
(10) A detailed accounting of the use of the waiver
authority described in section 8(d).
(g) Annual Briefing.--Not later than 1 year after the date of
enactment of this Act and each year thereafter, the Secretary shall
brief the appropriate committees of Congress on the progress, changes,
and other developments with respect to implementing the national
strategy.
SEC. 8. BEHAVIORAL THREAT ASSESSMENT AND MANAGEMENT GRANT PROGRAM.
(a) In General.--The Secretary shall award grants to eligible
entities to establish community-based behavioral threat assessment and
management 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 at such
time, in such manner, and containing such information as the Secretary
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 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.--In this section, 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. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out sections 7 and 8 $25,000,000 for each of fiscal years 2020 through
2024.
(b) Limitation.--No funds authorized to be appropriated under this
section may be used to--
(1) train any individual in the use of a firearm; or
(2) encourage or discourage the otherwise legal ownership
and use of firearms.
(c) No Effect on Other Laws.--Nothing in this Act may be construed
to preclude or contradict any other provision of law authorizing the
provision of firearms or training in the use of firearms.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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