Union Calendar No. 214
117th CONGRESS 2d Session |
[Report No. 117–292, Part I]
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.
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
April 21, 2022
Additional sponsors: Ms. Jackson Lee, Mr. Blumenauer, Ms. Wasserman Schultz, Mrs. Luria, Mr. Rush, Ms. Moore of Wisconsin, Mr. Keating, Mrs. Torres of California, Mr. Malinowski, Ms. Meng, Mr. Cooper, Mr. Suozzi, Mr. Michael F. Doyle of Pennsylvania, Mr. Kim of New Jersey, Ms. Clark of Massachusetts, Mr. Bishop of Georgia, Mrs. McBath, Mr. Higgins of New York, Ms. Escobar, Ms. Scanlon, Mr. Peters, Ms. Brownley, Mr. Pallone, Miss Rice of New York, Ms. Sánchez, Mr. Pascrell, Mr. Phillips, Mr. O'Halleran, Ms. Titus, Mr. Trone, Ms. Sewell, Ms. McCollum, Mr. Carbajal, Mr. Larson of Connecticut, Mrs. Beatty, Mr. Swalwell, Mrs. Demings, Ms. Porter, Ms. Barragán, Mr. Payne, Mr. Welch, Mrs. Bustos, Mr. Johnson of Georgia, Mrs. Murphy of Florida, Ms. Houlahan, Mr. Panetta, Mr. Lamb, Ms. Eshoo, Mr. Gottheimer, Ms. Wexton, Mr. Stanton, Ms. Underwood, Mr. Crow, Mrs. Hayes, Mr. Perlmutter, Mr. DeFazio, Ms. Lois Frankel of Florida, Mr. Ruiz, Mr. Casten, Mr. Sires, Ms. Schrier, Mr. Case, Mrs. Watson Coleman, Ms. Sherrill, Mr. Foster, Ms. Norton, Mr. Sarbanes, Mr. Danny K. Davis of Illinois, Mr. Schiff, Mr. Lieu, Ms. Clarke of New York, Mr. Brendan F. Boyle of Pennsylvania, Ms. Speier, Mr. Moulton, Ms. Jayapal, Mr. Courtney, Mr. Cohen, Ms. Matsui, Mr. Connolly, Mr. Espaillat, Mr. Crist, Ms. DeGette, Mrs. Axne, Mr. Gallego, Mr. Garamendi, Mr. Cicilline, Mr. Ryan, Ms. Schakowsky, Ms. Craig, Ms. Manning, Ms. Dean, Ms. Garcia of Texas, Mr. Kind, Mr. Himes, Mr. Khanna, Ms. Blunt Rochester, Mr. McGovern, Mr. Meeks, Mr. Thompson of Mississippi, Mr. Krishnamoorthi, Mr. Quigley, Mr. Norcross, Mr. Allred, Ms. Bass, Mrs. Lawrence, Mr. Neguse, Mr. Jeffries, Mr. Deutch, Mr. Sherman, Ms. Stevens, Ms. Velázquez, Mr. Vargas, Ms. Roybal-Allard, Ms. Strickland, Mr. Lynch, Mr. Ruppersberger, Mr. David Scott of Georgia, Mr. Vela, Mr. Morelle, Mr. Pappas, Ms. Ross, Mr. Kildee, Mr. Veasey, Mr. Thompson of California, Mr. Bera, Mr. Kilmer, Ms. Wild, Mr. Torres of New York, Ms. Newman, Mrs. Fletcher, Mr. Jones, Mr. Levin of California, Mrs. Carolyn B. Maloney of New York, Mrs. Trahan, Mr. Lawson of Florida, Mr. Levin of Michigan, Mr. Takano, Ms. Castor of Florida, Mr. Huffman, Mr. Cuellar, Mr. Gomez, Mr. Sean Patrick Maloney of New York, Ms. DeLauro, Mr. Lowenthal, Mr. Kahele, Ms. Lee of California, Mr. Tonko, Mr. Hastings, Ms. Bonamici, Ms. Bourdeaux, Mr. Costa, Mr. Larsen of Washington, Mr. Horsford, Mr. Schrader, Mr. Brown of Maryland, Mrs. Napolitano, Ms. Jacobs of California, Mr. McNerney, Ms. Plaskett, Ms. Kaptur, Mr. Harder of California, Ms. Kuster, Mr. Beyer, Mr. Cartwright, Ms. Chu, Mr. Cárdenas, Ms. DelBene, Mr. Delgado, Ms. Slotkin, Ms. Davids of Kansas, Mr. Price of North Carolina, Mr. Carson, Mr. Butterfield, Ms. Wilson of Florida, Mr. Aguilar, Mr. Clyburn, Mr. Raskin, Ms. Lofgren, Mr. McEachin, Ms. Pingree, Mr. Soto, Mr. Langevin, Ms. Leger Fernandez, Mr. Castro of Texas, Mr. Evans, Ms. Spanberger, Mr. Cleaver, Ms. Williams of Georgia, Mr. DeSaulnier, Mr. Green of Texas, Ms. Johnson of Texas, Mr. Pocan, Mr. Golden, Mr. Yarmuth, Mr. Mrvan, Ms. Waters, Mrs. Lee of Nevada, Mr. Doggett, Ms. Brown of Ohio, and Mrs. Cherfilus-McCormick
April 21, 2022
Reported from the Committee on the Judiciary with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
April 21, 2022
Committees on Homeland Security and Armed Services discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on January 19, 2021]
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,
In this Act—
(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);
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—
(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—
(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—
(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 January 1, 2012, 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;
(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 Federal hate crime charge and conviction during the preceding 6 months to determine whether the incident also constitutes a domestic terrorism-related incident.
(c) Domestic terrorism executive committee.—There is authorized a Domestic Terrorism Executive Committee, which shall 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.
(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 Attorney General shall make training available to Department prosecutors and to Assistant United States Attorneys on countering and prosecuting domestic terrorism. 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—
(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.
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 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 Secretary, and the Secretary of Defense to such findings, to—
SEC. 6. Federal support for addressing 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:
“(f) 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.
Union Calendar No. 214 | |||||
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[Report No. 117–292, Part I] | |||||
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. | |||||
April 21, 2022 | |||||
Reported from the Committee on the Judiciary with an amendment | |||||
April 21, 2022 | |||||
Committees on Homeland Security and Armed Services discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed |