Domestic Terrorism Prevention Act of 2022

II Calendar No. 371 117TH CONGRESS 2D SESSION H. R. 350 IN THE SENATE OF THE UNITED STATES MAY 19 (legislative day, MAY 17), 2022 Received; read the first time MAY 19, 2022 Read the second time and placed on the calendar AN ACT To authorize dedicated domestic terrorism offices within the Department of Homeland Security, the Department of Justice, and the Federal Bureau of Investigation to ana- lyze and monitor domestic terrorist activity and require the Federal Government to take steps to prevent domes- tic terrorism. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Domestic Terrorism 4 Prevention Act of 2022’’. 5 SEC. 2. DEFINITIONS. 6 In this Act— 7 VerDate Sep 11 2014 23:25 May 19, 2022 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H350.PCS H350 pamtmann on DSKBC07HB2PROD with BILLS 2 HR 350 PCS (1) the term ‘‘Director’’ means the Director of 1 the Federal Bureau of Investigation; 2 (2) the term ‘‘domestic terrorism’’ has the 3 meaning given the term in section 2331 of title 18, 4 United States Code; 5 (3) the term ‘‘Domestic Terrorism Executive 6 Committee’’ means the committee within the De- 7 partment of Justice tasked with assessing and shar- 8 ing information about ongoing domestic terrorism 9 threats; 10 (4) the term ‘‘hate crime incident’’ means an 11 act described in section 241, 245, 247, or 249 of 12 title 18, United States Code, or in section 901 of the 13 Civil Rights Act of 1968 (42 U.S.C. 3631); 14 (5) the term ‘‘Secretary’’ means the Secretary 15 of Homeland Security; and 16 (6) the term ‘‘uniformed services’’ has the 17 meaning given the term in section 101(a) of title 10, 18 United States Code. 19 SEC. 3. OFFICES TO COMBAT DOMESTIC TERRORISM. 20 (a) AUTHORIZATION OF OFFICES TO MONITOR, ANA- 21 LYZE, INVESTIGATE, AND PROSECUTE DOMESTIC TER- 22 RORISM.— 23 (1) DOMESTIC TERRORISM UNIT.—There is au- 24 thorized a Domestic Terrorism Unit in the Office of 25 VerDate Sep 11 2014 23:25 May 19, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H350.PCS H350 pamtmann on DSKBC07HB2PROD with BILLS 3 HR 350 PCS Intelligence and Analysis of the Department of 1 Homeland Security, which shall be responsible for 2 monitoring and analyzing domestic terrorism activ- 3 ity. 4 (2) DOMESTIC TERRORISM OFFICE.—There is 5 authorized a Domestic Terrorism Office in the 6 Counterterrorism Section of the National Security 7 Division of the Department of Justice— 8 (A) which shall be responsible for inves- 9 tigating and prosecuting incidents of domestic 10 terrorism; 11 (B) which shall be headed by the Domestic 12 Terrorism Counsel; and 13 (C) which shall coordinate with the Civil 14 Rights Division on domestic terrorism matters 15 that may also be hate crime incidents. 16 (3) DOMESTIC TERRORISM SECTION OF THE 17 FBI.—There is authorized a Domestic Terrorism 18 Section within the Counterterrorism Division of the 19 Federal Bureau of Investigation, which shall be re- 20 sponsible for investigating domestic terrorism activ- 21 ity. 22 (4) STAFFING.—The Secretary, the Attorney 23 General, and the Director shall each ensure that 24 VerDate Sep 11 2014 23:25 May 19, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H350.PCS H350 pamtmann on DSKBC07HB2PROD with BILLS 4 HR 350 PCS each office authorized under this section in their re- 1 spective agencies shall— 2 (A) have an adequate number of employees 3 to perform the required duties; 4 (B) have not less than one employee dedi- 5 cated to ensuring compliance with civil rights 6 and civil liberties laws and regulations; and 7 (C) require that all employees undergo an- 8 nual anti-bias training. 9 (5) SUNSET.—The offices authorized under this 10 subsection shall terminate on the date that is 10 11 years after the date of enactment of this Act. 12 (b) JOINT REPORT ON DOMESTIC TERRORISM.— 13 (1) BIANNUAL REPORT REQUIRED.—Not later 14 than 180 days after the date of enactment of this 15 Act, and each 6 months thereafter for the 10-year 16 period beginning on the date of enactment of this 17 Act, the Secretary of Homeland Security, the Attor- 18 ney General, and the Director of the Federal Bureau 19 of Investigation shall submit a joint report authored 20 by the domestic terrorism offices authorized under 21 paragraphs (1), (2), and (3) of subsection (a) to— 22 (A) the Committee on the Judiciary, the 23 Committee on Homeland Security and Govern- 24 VerDate Sep 11 2014 23:25 May 19, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H350.PCS H350 pamtmann on DSKBC07HB2PROD with BILLS 5 HR 350 PCS mental Affairs, and the Select Committee on 1 Intelligence of the Senate; and 2 (B) the Committee on the Judiciary, the 3 Committee on Homeland Security, and the Per- 4 manent Select Committee on Intelligence of the 5 House of Representatives. 6 (2) CONTENTS.—Each report submitted under 7 paragraph (1) shall include— 8 (A) an assessment of the domestic ter- 9 rorism threat posed by White supremacists and 10 neo-Nazis, including White supremacist and 11 neo-Nazi infiltration of Federal, State, and 12 local law enforcement agencies and the uni- 13 formed services; and 14 (B)(i) in the first report, an analysis of in- 15 cidents or attempted incidents of domestic ter- 16 rorism that have occurred in the United States 17 since April 19, 1995, including any White-su- 18 premacist-related incidents or attempted inci- 19 dents; and 20 (ii) in each subsequent report, an analysis 21 of incidents or attempted incidents of domestic 22 terrorism that occurred in the United States 23 during the preceding 6 months, including any 24 VerDate Sep 11 2014 23:25 May 19, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H350.PCS H350 pamtmann on DSKBC07HB2PROD with BILLS 6 HR 350 PCS White-supremacist-related incidents or at- 1 tempted incidents; 2 (C) a quantitative analysis of domestic ter- 3 rorism for the preceding 6 months, including— 4 (i) the number of— 5 (I) domestic terrorism related as- 6 sessments initiated by the Federal 7 Bureau of Investigation, including the 8 number of assessments from each 9 classification and subcategory, with a 10 specific classification or subcategory 11 for those related to White 12 supremacism; 13 (II) domestic terrorism-related 14 preliminary investigations initiated by 15 the Federal Bureau of Investigation, 16 including the number of preliminary 17 investigations from each classification 18 and subcategory, with a specific clas- 19 sification or subcategory for those re- 20 lated to White supremacism, and how 21 many preliminary investigations re- 22 sulted from assessments; 23 (III) domestic terrorism-related 24 full investigations initiated by the 25 VerDate Sep 11 2014 23:25 May 19, 2022 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H350.PCS H350 pamtmann on DSKBC07HB2PROD with BILLS 7 HR 350 PCS Federal Bureau of Investigation, in- 1 cluding the number of full investiga- 2 tions from each classification and sub- 3 category, with a specific classification 4 or subcategory for those related to 5 White supremacism, and how many 6 full investigations resulted from pre- 7 liminary investigations and assess- 8 ments; 9 (IV) domestic terrorism-related 10 incidents, including the number of in- 11 cidents from each classification and 12 subcategory, with a specific classifica- 13 tion or subcategory for those related 14 to White supremacism, the number of 15 deaths and injuries resulting from 16 each incident, and a detailed expla- 17 nation of each incident; 18 (V) Federal domestic terrorism- 19 related arrests, including the number 20 of arrests from each classification and 21 subcategory, with a specific classifica- 22 tion or subcategory for those related 23 to White supremacism, and a detailed 24 explanation of each arrest; 25 VerDate Sep 11 2014 23:25 May 19, 2022 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H350.PCS H350 pamtmann on DSKBC07HB2PROD with BILLS 8 HR 350 PCS (VI) Federal domestic terrorism- 1 related indictments, including the 2 number of indictments from each clas- 3 sification and subcategory, with a spe- 4 cific classification or subcategory for 5 those related to White supremacism, 6 and a detailed explanation of each in- 7 dictment; 8 (VII) Federal domestic terrorism- 9 related prosecutions, including the 10 number of incidents from each classi- 11 fication and subcategory, with a spe- 12 cific classification or subcategory for 13 those related to White supremacism, 14 and a detailed explanation of each 15 prosecution; 16 (VIII) Federal domestic ter- 17 rorism-related convictions, including 18 the number of convictions from each 19 classification and subcategory, with a 20 specific classification or subcategory 21 for those related to White 22 supremacism, and a detailed expla- 23 nation of each conviction; and 24 VerDate Sep 11 2014 23:25 May 19, 2022 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H350.PCS H350 pamtmann on DSKBC07HB2PROD with BILLS 9 HR 350 PCS (IX) Federal domestic terrorism- 1 related weapons recoveries, including 2 the number of each type of weapon 3 and the number of weapons from each 4 classification and subcategory, with a 5 specific classification or subcategory 6 for those related to White 7 supremacism; and 8 (ii) an explanation of each individual 9 case that progressed through more than 1 10 of the stages described under clause (i)— 11 (I) including the specific classi- 12 fication or subcategory for each case; 13 and 14 (II) not including personally 15 identifiable information not otherwise 16 releasable to the public; and 17 (D) certification that each of the assess- 18 ments and investigations described under sub- 19 paragraph (C) are in compliance with all appli- 20 cable civil rights and civil liberties laws and reg- 21 ulations. 22 (3) HATE CRIMES.—In compiling a joint report 23 under this subsection, the domestic terrorism offices 24 authorized under paragraphs (1), (2), and (3) of 25 VerDate Sep 11 2014 23:25 May 19, 2022 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H350.PCS H350 pamtmann on DSKBC07HB2PROD with BILLS 10 HR 350 PCS subsection (a) shall, in consultation with the Civil 1 Rights Division of the Department of Justice and 2 the Civil Rights Unit of the Federal Bureau of In- 3 vestigation, review each Federal hate crime charge 4 and conviction during the preceding 6 months to de- 5 termine whether the incident also constitutes a do- 6 mestic terrorism-related incident. 7 (4) CLASSIFICATION AND PUBLIC RELEASE.— 8 Each report submitted under paragraph (1) shall 9 be— 10 (A) unclassified, to the greatest extent pos- 11 sible, with a classified annex only if necessary; 12 and 13 (B) in the case of the unclassified portion 14 of the report, posted on the public websites of 15 the Department of Homeland Security, the De- 16 partment of Justice, and the Federal Bureau of 17 Investigation. 18 (5) NONDUPLICATION.—If two or more provi- 19 sions of this subsection or any other law impose re- 20 quirements on an agency to report or analyze infor- 21 mation on domestic terrorism that are substantially 22 similar, the agency may produce one report that 23 complies with each such requirement as fully as pos- 24 sible. 25 VerDate Sep 11 2014 23:25 May 19, 2022 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H350.PCS H350 pamtmann on DSKBC07HB2PROD with BILLS 11 HR 350 PCS (c) DOMESTIC TERRORISM EXECUTIVE COM- 1 MITTEE.—There is authorized a Domestic Terrorism Ex- 2 ecutive Committee, which shall meet on a regular basis, 3 and not less regularly than 4 times each year, to coordi- 4 nate with United States Attorneys and other key public 5 safety officials across the country to promote information 6 sharing and ensure an effective, responsive, and organized 7 joint effort to combat domestic terrorism. 8 (d) FOCUS ON GREATEST THREATS.—The domestic 9 terrorism offices authorized under paragraphs (1), (2), 10 and (3) of subsection (a) shall focus their limited resources 11 on the most significant domestic terrorism threats, as de- 12 termined by the number of domestic terrorism-related inci- 13 dents from each category and subclassification in the joint 14 report for the preceding 6 months required under sub- 15 section (b). 16 SEC. 4. TRAINING TO COMBAT DOMESTIC TERRORISM. 17 (a) REQUIRED TRAINING AND RESOURCES.—The 18 Secretary, the Attorney General, and the Director shall 19 review the anti-terrorism training and resource programs 20 of their respective agencies that are provided to Federal, 21 State, local, and Tribal law enforcement agencies, includ- 22 ing the State and Local Anti-Terrorism Program that is 23 funded by the Bureau of Justice Assistance of the Depart- 24 ment of Justice, and ensure that such programs include 25 VerDate Sep 11 2014 23:25 May 19, 2022 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H350.PCS H350 pamtmann on DSKBC07HB2PROD with BILLS 12 HR 350 PCS training and resources to assist State, local, and Tribal 1 law enforcement agencies in understanding, detecting, de- 2 terring, and investigating acts of domestic terrorism and 3 White supremacist and neo-Nazi infiltration of law en- 4 forcement and corrections agencies. The Attorney General 5 shall make training available to Department prosecutors 6 and to Assistant United States Attorneys on countering 7 and prosecuting domestic terrorism. The domestic-ter- 8 rorism training shall focus on the most significant domes- 9 tic terrorism threats, as determined by the quantitative 10 analysis in the joint report required under section 3(b). 11 (b) REQUIREMENT.—Any individual who provides do- 12 mestic terrorism training required under this section shall 13 have— 14 (1) expertise in domestic terrorism; and 15 (2) relevant academic, law enforcement, or 16 other community-based experience in matters related 17 to domestic terrorism. 18 (c) REPORT.— 19 (1) IN GENERAL.—Not later than 6 months 20 after the date of enactment of this Act and twice 21 each year thereafter, the Secretary, the Attorney 22 General, and the Director shall each submit a bian- 23 nual report to the committees of Congress described 24 in section 3(b)(1) on the domestic terrorism training 25 VerDate Sep 11 2014 23:25 May 19, 2022 Jkt 029200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H350.PCS H350 pamtmann on DSKBC07HB2PROD with BILLS 13 HR 350 PCS implemented by their respective agencies under this 1 section, which shall include copies of all training ma- 2 terials used and the names and qualifications of the 3 individuals who provide the training. 4 (2) CLASSIF [Text truncated for display. 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