Domestic Terrorism Prevention Act of 2021

II 117TH CONGRESS 1ST SESSION S. 964 To authorize dedicated domestic terrorism offices within the Department of Homeland Security, the Department of Justice, and the Federal Bu- reau of Investigation to analyze and monitor domestic terrorist activity and require the Federal Government to take steps to prevent domestic terrorism. IN THE SENATE OF THE UNITED STATES MARCH 24, 2021 Mr. DURBIN introduced the following bill; which was read twice and referred to the Committee on the Judiciary 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 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 2021’’. 5 VerDate Sep 11 2014 22:02 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S964.IS S964 kjohnson on DSK79L0C42PROD with BILLS 2 •S 964 IS SEC. 2. DEFINITIONS. 1 In this Act— 2 (1) the term ‘‘Director’’ means the Director of 3 the Federal Bureau of Investigation; 4 (2) the term ‘‘domestic terrorism’’ has the 5 meaning given the term in section 2331 of title 18, 6 United States Code, except that it does not include 7 acts perpetrated by individuals associated with or in- 8 spired by— 9 (A) a foreign person or organization des- 10 ignated as a foreign terrorist organization 11 under section 219 of the Immigration and Na- 12 tionality Act (8 U.S.C. 1189); 13 (B) an individual or organization des- 14 ignated under Executive Order 13224 (50 15 U.S.C. 1701 note); or 16 (C) a state sponsor of terrorism as deter- 17 mined by the Secretary of State under section 18 6(j) of the Export Administration Act of 1979 19 (50 U.S.C. 4605), section 40 of the Arms Ex- 20 port Control Act (22 U.S.C. 2780), or section 21 620A of the Foreign Assistance Act of 1961 22 (22 U.S.C. 2371); 23 (3) the term ‘‘Domestic Terrorism Executive 24 Committee’’ means the committee within the De- 25 partment of Justice tasked with assessing and shar- 26 VerDate Sep 11 2014 22:02 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S964.IS S964 kjohnson on DSK79L0C42PROD with BILLS 3 •S 964 IS ing information about ongoing domestic terrorism 1 threats; 2 (4) the term ‘‘hate crime incident’’ means an 3 act described in section 241, 245, 247, or 249 of 4 title 18, United States Code, or in section 901 of the 5 Civil Rights Act of 1968 (42 U.S.C. 3631); 6 (5) the term ‘‘Secretary’’ means the Secretary 7 of Homeland Security; and 8 (6) the term ‘‘uniformed services’’ has the 9 meaning given the term in section 101(a) of title 10, 10 United States Code. 11 SEC. 3. OFFICES TO COMBAT DOMESTIC TERRORISM. 12 (a) AUTHORIZATION OF OFFICES TO MONITOR, ANA- 13 LYZE, INVESTIGATE, AND PROSECUTE DOMESTIC TER- 14 RORISM.— 15 (1) DOMESTIC TERRORISM UNIT.—There is au- 16 thorized a Domestic Terrorism Unit in the Office of 17 Intelligence and Analysis of the Department of 18 Homeland Security, which shall be responsible for 19 monitoring and analyzing domestic terrorism activ- 20 ity. 21 (2) DOMESTIC TERRORISM OFFICE.—There is 22 authorized a Domestic Terrorism Office in the 23 Counterterrorism Section of the National Security 24 Division of the Department of Justice— 25 VerDate Sep 11 2014 22:02 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S964.IS S964 kjohnson on DSK79L0C42PROD with BILLS 4 •S 964 IS (A) which shall be responsible for inves- 1 tigating and prosecuting incidents of domestic 2 terrorism; and 3 (B) which shall be headed by the Domestic 4 Terrorism Counsel. 5 (3) DOMESTIC TERRORISM SECTION OF THE 6 FBI.—There is authorized a Domestic Terrorism 7 Section within the Counterterrorism Division of the 8 Federal Bureau of Investigation, which shall be re- 9 sponsible for investigating domestic terrorism activ- 10 ity. 11 (4) STAFFING.—The Secretary, the Attorney 12 General, and the Director shall each ensure that 13 each office authorized under this section in their re- 14 spective agencies shall— 15 (A) have adequate number of employees to 16 perform the required duties; 17 (B) have not less than one employee dedi- 18 cated to ensuring compliance with civil rights 19 and civil liberties laws and regulations; and 20 (C) require that all employees undergo an- 21 nual anti-bias training. 22 (5) SUNSET.—The offices authorized under this 23 subsection shall terminate on the date that is 10 24 years after the date of enactment of this Act. 25 VerDate Sep 11 2014 22:02 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S964.IS S964 kjohnson on DSK79L0C42PROD with BILLS 5 •S 964 IS (b) JOINT REPORT ON DOMESTIC TERRORISM.— 1 (1) BIANNUAL REPORT REQUIRED.—Not later 2 than 180 days after the date of enactment of this 3 Act, and each 6 months thereafter for the 10-year 4 period beginning on the date of enactment of this 5 Act, the Secretary of Homeland Security, the Attor- 6 ney General, and the Director of the Federal Bureau 7 of Investigation shall submit a joint report authored 8 by the domestic terrorism offices authorized under 9 paragraphs (1), (2), and (3) of subsection (a) to— 10 (A) the Committee on the Judiciary, the 11 Committee on Homeland Security and Govern- 12 mental Affairs, and the Select Committee on 13 Intelligence of the Senate; and 14 (B) the Committee on the Judiciary, the 15 Committee on Homeland Security, and the Per- 16 manent Select Committee on Intelligence of the 17 House of Representatives. 18 (2) CONTENTS.—Each report submitted under 19 paragraph (1) shall include— 20 (A) an assessment of the domestic ter- 21 rorism threat posed by White supremacists and 22 neo-Nazis, including White supremacist and 23 neo-Nazi infiltration of Federal, State, and 24 VerDate Sep 11 2014 22:02 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S964.IS S964 kjohnson on DSK79L0C42PROD with BILLS 6 •S 964 IS local law enforcement agencies and the uni- 1 formed services; and 2 (B)(i) in the first report, an analysis of in- 3 cidents or attempted incidents of domestic ter- 4 rorism that have occurred in the United States 5 since April 19, 1995, including any White-su- 6 premacist-related incidents or attempted inci- 7 dents; and 8 (ii) in each subsequent report, an analysis 9 of incidents or attempted incidents of domestic 10 terrorism that occurred in the United States 11 during the preceding 6 months, including any 12 White-supremacist-related incidents or at- 13 tempted incidents; and 14 (C) a quantitative analysis of domestic ter- 15 rorism for the preceding 6 months, including— 16 (i) the number of— 17 (I) domestic terrorism related as- 18 sessments initiated by the Federal 19 Bureau of Investigation, including the 20 number of assessments from each 21 classification and subcategory, with a 22 specific classification or subcategory 23 for those related to White 24 supremacism; 25 VerDate Sep 11 2014 22:02 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S964.IS S964 kjohnson on DSK79L0C42PROD with BILLS 7 •S 964 IS (II) domestic terrorism-related 1 preliminary investigations initiated by 2 the Federal Bureau of Investigation, 3 including the number of preliminary 4 investigations from each classification 5 and subcategory, with a specific clas- 6 sification or subcategory for those re- 7 lated to White supremacism, and how 8 many preliminary investigations re- 9 sulted from assessments; 10 (III) domestic terrorism-related 11 full investigations initiated by the 12 Federal Bureau of Investigation, in- 13 cluding the number of full investiga- 14 tions from each classification and sub- 15 category, with a specific classification 16 or subcategory for those related to 17 White supremacism, and how many 18 full investigations resulted from pre- 19 liminary investigations and assess- 20 ments; 21 (IV) domestic terrorism-related 22 incidents, including the number of in- 23 cidents from each classification and 24 subcategory, with a specific classifica- 25 VerDate Sep 11 2014 22:02 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S964.IS S964 kjohnson on DSK79L0C42PROD with BILLS 8 •S 964 IS tion or subcategory for those related 1 to White supremacism, the number of 2 deaths and injuries resulting from 3 each incident, and a detailed expla- 4 nation of each incident; 5 (V) Federal domestic terrorism- 6 related arrests, including the number 7 of arrests from each classification and 8 subcategory, with a specific classifica- 9 tion or subcategory for those related 10 to White supremacism, and a detailed 11 explanation of each arrest; 12 (VI) Federal domestic terrorism- 13 related indictments, including the 14 number of indictments from each clas- 15 sification and subcategory, with a spe- 16 cific classification or subcategory for 17 those related to White supremacism, 18 and a detailed explanation of each in- 19 dictment; 20 (VII) Federal domestic terrorism- 21 related prosecutions, including the 22 number of incidents from each classi- 23 fication and subcategory, with a spe- 24 cific classification or subcategory for 25 VerDate Sep 11 2014 22:02 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S964.IS S964 kjohnson on DSK79L0C42PROD with BILLS 9 •S 964 IS those related to White supremacism, 1 and a detailed explanation of each 2 prosecution; 3 (VIII) Federal domestic ter- 4 rorism-related convictions, including 5 the number of convictions from each 6 classification and subcategory, with a 7 specific classification or subcategory 8 for those related to White 9 supremacism, and a detailed expla- 10 nation of each conviction; and 11 (IX) Federal domestic terrorism- 12 related weapons recoveries, including 13 the number of each type of weapon 14 and the number of weapons from each 15 classification and subcategory, with a 16 specific classification or subcategory 17 for those related to White 18 supremacism; and 19 (ii) an explanation of each individual 20 case that progressed through more than 1 21 of the stages described under clause (i)— 22 (I) including the specific classi- 23 fication or subcategory for each case; 24 and 25 VerDate Sep 11 2014 22:02 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S964.IS S964 kjohnson on DSK79L0C42PROD with BILLS 10 •S 964 IS (II) not including personally 1 identifiable information not otherwise 2 releasable to the public. 3 (3) HATE CRIMES.—In compiling a joint report 4 under this subsection, the domestic terrorism offices 5 authorized under paragraphs (1), (2), and (3) of 6 subsection (a) shall, in consultation with the Civil 7 Rights Division of the Department of Justice and 8 the Civil Rights Unit of the Federal Bureau of In- 9 vestigation, review each hate crime incident reported 10 during the preceding 6 months to determine whether 11 the incident also constitutes a domestic terrorism-re- 12 lated incident. 13 (4) CLASSIFICATION AND PUBLIC RELEASE.— 14 Each report submitted under paragraph (1) shall 15 be— 16 (A) unclassified, to the greatest extent pos- 17 sible, with a classified annex only if necessary; 18 and 19 (B) in the case of the unclassified portion 20 of the report, posted on the public websites of 21 the Department of Homeland Security, the De- 22 partment of Justice, and the Federal Bureau of 23 Investigation. 24 VerDate Sep 11 2014 22:02 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S964.IS S964 kjohnson on DSK79L0C42PROD with BILLS 11 •S 964 IS (5) NONDUPLICATION.—If two or more provi- 1 sions of this subsection or any other law impose re- 2 quirements on an agency to report or analyze infor- 3 mation on domestic terrorism that are substantially 4 similar, the agency shall construe such provisions as 5 mutually supplemental, so as to provide for the most 6 extensive reporting or analysis, and shall comply 7 with each such requirement as fully as possible. 8 (c) DOMESTIC TERRORISM EXECUTIVE COM- 9 MITTEE.—There is authorized a Domestic Terrorism Ex- 10 ecutive Committee, which shall— 11 (1) meet on a regular basis, and not less regu- 12 larly than 4 times each year, to coordinate with 13 United States Attorneys and other key public safety 14 officials across the country to promote information 15 sharing and ensure an effective, responsive, and or- 16 ganized joint effort to combat domestic terrorism; 17 and 18 (2) be co-chaired by— 19 (A) the Domestic Terrorism Counsel au- 20 thorized under subsection (a)(2)(B); 21 (B) a United States Attorney or Assistant 22 United States Attorney; 23 (C) a member of the National Security Di- 24 vision of the Department of Justice; and 25 VerDate Sep 11 2014 22:02 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S964.IS S964 kjohnson on DSK79L0C42PROD with BILLS 12 •S 964 IS (D) a member of the Federal Bureau of 1 Investigation. 2 (d) FOCUS ON GREATEST THREATS.—The domestic 3 terrorism offices authorized under paragraphs (1), (2), 4 and (3) of subsection (a) shall focus their limited resources 5 on the most significant domestic terrorism threats, as de- 6 termined by the number of domestic terrorism-related inci- 7 dents from each category and subclassification in the joint 8 report for the preceding 6 months required under sub- 9 section (b). 10 SEC. 4. TRAINING TO COMBAT DOMESTIC TERRORISM. 11 (a) REQUIRED TRAINING AND RESOURCES.—The 12 Secretary, the Attorney General, and the Director shall 13 review the anti-terrorism training and resource programs 14 of their respective agencies that are provided to Federal, 15 State, local, and Tribal law enforcement agencies, includ- 16 ing the State and Local Anti-Terrorism Program that is 17 funded by the Bureau of Justice Assistance of the Depart- 18 ment of Justice, and ensure that such programs include 19 training and resources to assist State, local, and Tribal 20 law enforcement agencies in understanding, detecting, de- 21 terring, and investigating acts of domestic terrorism and 22 White supremacist and neo-Nazi infiltration of law en- 23 forcement and corrections agencies. The domestic-ter- 24 rorism training shall focus on the most significant domes- 25 VerDate Sep 11 2014 22:02 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S964.IS S964 kjohnson on DSK79L0C42PROD with BILLS 13 •S 964 IS tic terrorism threats, as determined by the quantitative 1 analysis in the joint report required under section 3(b). 2 (b [Text truncated for display. Full text available on Congress.gov.]