Domestic Terrorism Prevention Act of 2022

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 350 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 350

To authorize dedicated domestic terrorism offices within the Department
of Homeland Security, the Department of Justice, and the Federal Bureau
of Investigation to analyze and monitor domestic terrorist activity and
   require the Federal Government to take steps to prevent domestic
                               terrorism.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 19, 2021

 Mr. Schneider (for himself, Mr. Nadler, Mr. Fitzpatrick, Ms. Kelly of
Illinois, Mr. Bacon, Mr. Vicente Gonzalez of Texas, Mr. Upton, and Mr.
   Correa) introduced the following bill; which was referred to the
   Committee on the Judiciary, and in addition to the Committees on
Homeland Security, and Armed Services, for a period to be subsequently
   determined by the Speaker, in each case for consideration of such
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

To authorize dedicated domestic terrorism offices within the Department
of Homeland Security, the Department of Justice, and the Federal Bureau
of Investigation to analyze and monitor domestic terrorist activity and
   require the Federal Government to take steps to prevent domestic
                               terrorism.

    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 ``Domestic Terrorism Prevention Act of
2021''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``Director'' means the Director of the Federal
        Bureau of Investigation;
            (2) the term ``domestic terrorism'' has the meaning given
        the term in section 2331 of title 18, United States Code,
        except that it does not include acts perpetrated by individuals
        associated with or inspired by--
                    (A) a foreign person or organization designated as
                a foreign terrorist organization under section 219 of
                the Immigration and Nationality Act (8 U.S.C. 1189);
                    (B) an individual or organization designated under
                Executive Order 13224 (50 U.S.C. 1701 note); or
                    (C) a state sponsor of terrorism as determined by
                the Secretary of State under section 6(j) of the Export
                Administration Act of 1979 (50 U.S.C. 4605), section 40
                of the Arms Export Control Act (22 U.S.C. 2780), or
                section 620A of the Foreign Assistance Act of 1961 (22
                U.S.C. 2371);
            (3) the term ``Domestic Terrorism Executive Committee''
        means the committee within the Department of Justice tasked
        with assessing and sharing information about ongoing domestic
        terrorism threats;
            (4) the term ``hate crime incident'' means an act described
        in section 241, 245, 247, or 249 of title 18, United States
        Code, or in section 901 of the Civil Rights Act of 1968 (42
        U.S.C. 3631);
            (5) the term ``Secretary'' means the Secretary of Homeland
        Security; and
            (6) the term ``uniformed services'' has the meaning given
        the term in section 101(a) of title 10, United States Code.

SEC. 3. OFFICES TO COMBAT DOMESTIC TERRORISM.

    (a) Authorization of Offices To Monitor, Analyze, Investigate, and
Prosecute Domestic Terrorism.--
            (1) Domestic terrorism unit.--There is authorized a
        Domestic Terrorism Unit in the Office of Intelligence and
        Analysis of the Department of Homeland Security, which shall be
        responsible for monitoring and analyzing domestic terrorism
        activity.
            (2) Domestic terrorism office.--There is authorized a
        Domestic Terrorism Office in the Counterterrorism Section of
        the National Security Division of the Department of Justice--
                    (A) which shall be responsible for investigating
                and prosecuting incidents of domestic terrorism; and
                    (B) which shall be headed by the Domestic Terrorism
                Counsel.
            (3) Domestic terrorism section of the fbi.--There is
        authorized a Domestic Terrorism Section within the
        Counterterrorism Division of the Federal Bureau of
        Investigation, which shall be responsible for investigating
        domestic terrorism activity.
            (4) Staffing.--The Secretary, the Attorney General, and the
        Director shall each ensure that each office authorized under
        this section in their respective agencies shall--
                    (A) have adequate number of employees to perform
                the required duties;
                    (B) have not less than one employee dedicated to
                ensuring compliance with civil rights and civil
                liberties laws and regulations; and
                    (C) require that all employees undergo annual anti-
                bias training.
            (5) Sunset.--The offices authorized under this subsection
        shall terminate on the date that is 10 years after the date of
        enactment of this Act.
    (b) Joint Report on Domestic Terrorism.--
            (1) Biannual report required.--Not later than 180 days
        after the date of enactment of this Act, and each 6 months
        thereafter for the 10-year period beginning on the date of
        enactment of this Act, the Secretary of Homeland Security, the
        Attorney General, and the Director of the Federal Bureau of
        Investigation shall submit a joint report authored by the
        domestic terrorism offices authorized under paragraphs (1),
        (2), and (3) of subsection (a) to--
                    (A) the Committee on the Judiciary, the Committee
                on Homeland Security and Governmental Affairs, and the
                Select Committee on Intelligence of the Senate; and
                    (B) the Committee on the Judiciary, the Committee
                on Homeland Security, and the Permanent Select
                Committee on Intelligence of the House of
                Representatives.
            (2) Contents.--Each report submitted under paragraph (1)
        shall include--
                    (A) an assessment of the domestic terrorism threat
                posed by White supremacists and neo-Nazis, including
                White supremacist and neo-Nazi infiltration of Federal,
                State, and local law enforcement agencies and the
                uniformed services; and
                    (B)(i) in the first report, an analysis of
                incidents or attempted incidents of domestic terrorism
                that have occurred in the United States since April 19,
                1995, including any White-supremacist-related incidents
                or attempted incidents; and
                    (ii) in each subsequent report, an analysis of
                incidents or attempted incidents of domestic terrorism
                that occurred in the United States during the preceding
                6 months, including any White-supremacist-related
                incidents or attempted incidents; and
                    (C) a quantitative analysis of domestic terrorism
                for the preceding 6 months, including--
                            (i) the number of--
                                    (I) domestic terrorism related
                                assessments initiated by the Federal
                                Bureau of Investigation, including the
                                number of assessments from each
                                classification and subcategory, with a
                                specific classification or subcategory
                                for those related to White supremacism;
                                    (II) domestic terrorism-related
                                preliminary investigations initiated by
                                the Federal Bureau of Investigation,
                                including the number of preliminary
                                investigations from each classification
                                and subcategory, with a specific
                                classification or subcategory for those
                                related to White supremacism, and how
                                many preliminary investigations
                                resulted from assessments;
                                    (III) domestic terrorism-related
                                full investigations initiated by the
                                Federal Bureau of Investigation,
                                including the number of full
                                investigations from each classification
                                and subcategory, with a specific
                                classification or subcategory for those
                                related to White supremacism, and how
                                many full investigations resulted from
                                preliminary investigations and
                                assessments;
                                    (IV) domestic terrorism-related
                                incidents, including the number of
                                incidents from each classification and
                                subcategory, with a specific
                                classification or subcategory for those
                                related to White supremacism, the
                                number of deaths and injuries resulting
                                from each incident, and a detailed
                                explanation of each incident;
                                    (V) Federal domestic terrorism-
                                related arrests, including the number
                                of arrests from each classification and
                                subcategory, with a specific
                                classification or subcategory for those
                                related to White supremacism, and a
                                detailed explanation of each arrest;
                                    (VI) Federal domestic terrorism-
                                related indictments, including the
                                number of indictments from each
                                classification and subcategory, with a
                                specific classification or subcategory
                                for those related to White supremacism,
                                and a detailed explanation of each
                                indictment;
                                    (VII) Federal domestic terrorism-
                                related prosecutions, including the
                                number of incidents from each
                                classification and subcategory, with a
                                specific classification or subcategory
                                for those related to White supremacism,
                                and a detailed explanation of each
                                prosecution;
                                    (VIII) Federal domestic terrorism-
                                related convictions, including the
                                number of convictions from each
                                classification and subcategory, with a
                                specific classification or subcategory
                                for those related to White supremacism,
                                and a detailed explanation of each
                                conviction; and
                                    (IX) Federal domestic terrorism-
                                related weapons recoveries, including
                                the number of each type of weapon and
                                the number of weapons from each
                                classification and subcategory, with a
                                specific classification or subcategory
                                for those related to White supremacism;
                                and
                            (ii) an explanation of each individual case
                        that progressed through more than 1 of the
                        stages described under clause (i), including
                        the specific classification or subcategory for
                        each case.
            (3) Hate crimes.--In compiling a joint report under this
        subsection, the domestic terrorism offices authorized under
        paragraphs (1), (2), and (3) of subsection (a) shall, in
        consultation with the Civil Rights Division of the Department
        of Justice and the Civil Rights Unit of the Federal Bureau of
        Investigation, review each hate crime incident reported during
        the preceding 6 months to determine whether the incident also
        constitutes a domestic terrorism-related incident.
            (4) Classification and public release.--Each report
        submitted under paragraph (1) shall be--
                    (A) unclassified, to the greatest extent possible,
                with a classified annex only if necessary; and
                    (B) in the case of the unclassified portion of the
                report, posted on the public websites of the Department
                of Homeland Security, the Department of Justice, and
                the Federal Bureau of Investigation.
            (5) Nonduplication.--If two or more provisions of this
        subsection or any other law impose requirements on an agency to
        report or analyze information on domestic terrorism that are
        substantially similar, the agency shall construe such
        provisions as mutually supplemental, so as to provide for the
        most extensive reporting or analysis, and shall comply with
        each such requirement as fully as possible.
    (c) Domestic Terrorism Executive Committee.--There is authorized a
Domestic Terrorism Executive Committee, which shall--
            (1) meet on a regular basis, and not less regularly than 4
        times each year, to coordinate with United States Attorneys and
        other key public safety officials across the country to promote
        information sharing and ensure an effective, responsive, and
        organized joint effort to combat domestic terrorism; and
            (2) be co-chaired by--
                    (A) the Domestic Terrorism Counsel authorized under
                subsection (a)(2)(B);
                    (B) a United States Attorney or Assistant United
                States Attorney;
                    (C) a member of the National Security Division of
                the Department of Justice; and
                    (D) a member of the Federal Bureau of
                Investigation.
    (d) Focus on Greatest Threats.--The domestic terrorism offices
authorized under paragraphs (1), (2), and (3) of subsection (a) shall
focus their limited resources on the most significant domestic
terrorism threats, as determined by the number of domestic terrorism-
related incidents from each category and subclassification in the joint
report for the preceding 6 months required under subsection (b).

SEC. 4. TRAINING TO COMBAT DOMESTIC TERRORISM.

    (a) Required Training and Resources.--The Secretary, the Attorney
General, and the Director shall review the anti-terrorism training and
resource programs of their respective agencies that are provided to
Federal, State, local, and Tribal law enforcement agencies, including
the State and Local Anti-Terrorism Program that is funded by the Bureau
of Justice Assistance of the Department of Justice, and ensure that
such programs include training and resources to assist State, local,
and Tribal law enforcement agencies in understanding, detecting,
deterring, and investigating acts of domestic terrorism and White
supremacist and neo-Nazi infiltration of law enforcement and
corrections agencies. The domestic-terrorism training shall focus on
the most significant domestic terrorism threats, as determined by the
quantitative analysis in the joint report required under section 3(b).
    (b) Requirement.--Any individual who provides domestic terrorism
training required under this section shall have--
            (1) expertise in domestic terrorism; and
            (2) relevant academic, law enforcement, or other community-
        based experience in matters related to domestic terrorism.
    (c) Report.--
            (1) In general.--Not later than 6 months after the date of
        enactment of this Act and twice each year thereafter, the
        Secretary, the Attorney General, and the Director shall each
        submit a biannual report to the committees of Congress
        described in section 3(b)(1) on the domestic terrorism training
        implemented by their respective agencies under this section,
        which shall include copies of all training materials used and
        the names and qualifications of the individuals who provide the
        training.
            (2) Classification and public release.--Each report
        submitted under paragraph (1) shall be--
                    (A) unclassified, to the greatest extent possible,
                with a classified annex only if necessary; and
                    (B) in the case of the unclassified portion of each
                report, posted on the public website of the Department
                of Homeland Security, the Department of Justice, and
                the Federal Bureau of Investigation.

SEC. 5. INTERAGENCY TASK FORCE.

    (a) In General.--Not later than 180 days after the date of
enactment of this Act, the Attorney General, the Director, the
Secretary, and the Secretary of Defense shall establish an interagency
task force to analyze and combat White supremacist and neo-Nazi
infiltration of the uniformed services and Federal law enforcement
agencies.
    (b) Report.--
            (1) In general.--Not later than 1 year after the
        interagency task force is established under subsection (a), the
        Attorney General, the Director, the Secretary, and the
        Secretary of Defense shall submit a joint report on the
        findings of the task force and the response of the Attorney
        General, the Director, the Secretary, and the Secretary of
        Defense to such findings, to--
                    (A) the Committee on the Judiciary of the Senate;
                    (B) the Committee on Homeland Security and
                Governmental Affairs of the Senate;
                    (C) the Select Committee on Intelligence of the
                Senate;
                    (D) the Committee on Armed Services of the Senate;
                    (E) the Committee on the Judiciary of the House of
                Representatives;
                    (F) the Committee on Homeland Security of the House
                of Representatives;
                    (G) the Permanent Select Committee on Intelligence
                of the House of Representatives; and
                    (H) the Committee on Armed Services of the House of
                Representatives.
            (2) Classification and public release.--The report
        submitted under paragraph (1) shall be--
                    (A) submitted in unclassified form, to the greatest
                extent possible, with a classified annex only if
                necessary; and
                    (B) in the case of the unclassified portion of the
                report, posted on the public website of the Department
                of Defense, the Department of Homeland Security, the
                Department of Justice, and the Federal Bureau of
                Investigation.

SEC. 6. DEPARTMENT OF JUSTICE SUPPORT FOR HATE CRIME INCIDENTS WITH A
              NEXUS TO DOMESTIC TERRORISM.

    (a) Community Relations Service.--The Community Relations Service
of the Department of Justice, authorized under section 1001(a) of the
Civil Rights Act of 1964 (42 U.S.C. 2000g), may offer the support of
the Service to communities where the Department of Justice has brought
charges in a hate crime incident that has a nexus to domestic
terrorism.
    (b) Federal Bureau of Investigation.--Section 249 of title 18,
United States Code, is amended by adding at the end the following:
    ``(e) Federal Bureau of Investigation.--The Attorney General,
acting through the Director of the Federal Bureau of Investigation,
shall assign a special agent or hate crimes liaison to each field
office of the Federal Bureau of Investigation to investigate hate
crimes incidents with a nexus to domestic terrorism (as such term is
defined in section 2 of the Domestic Terrorism Prevention Act of
2020).''.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Department of
Justice, the Federal Bureau of Investigation, the Department of
Homeland Security, and the Department of Defense such sums as may be
necessary to carry out this Act.
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