Domestic Terrorism and Hate Crimes Prevention Act of 2021

II Calendar No. 30 117TH CONGRESS 1ST SESSION S. 963 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, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 24, 2021 Mr. DURBIN (for himself, Ms. HIRONO, and Ms. DUCKWORTH) introduced the following bill; which was read the first time MARCH 25, 2021 Read the second time and placed on the calendar 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, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 00:09 Mar 26, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S963.PCS S963 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 963 PCS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Domestic Terrorism 2 and Hate Crimes Prevention Act of 2021’’. 3 SEC. 2. DEFINITIONS. 4 In this Act— 5 (1) the term ‘‘Director’’ means the Director of 6 the Federal Bureau of Investigation; 7 (2) the term ‘‘domestic terrorism’’ has the 8 meaning given the term in section 2331 of title 18, 9 United States Code, except that it does not include 10 acts perpetrated by individuals associated with or in- 11 spired by— 12 (A) a foreign person or organization des- 13 ignated as a foreign terrorist organization 14 under section 219 of the Immigration and Na- 15 tionality Act (8 U.S.C. 1189); 16 (B) an individual or organization des- 17 ignated under Executive Order 13224 (50 18 U.S.C. 1701 note); or 19 (C) a state sponsor of terrorism as deter- 20 mined by the Secretary of State under section 21 6(j) of the Export Administration Act of 1979 22 (50 U.S.C. 4605), section 40 of the Arms Ex- 23 port Control Act (22 U.S.C. 2780), or section 24 620A of the Foreign Assistance Act of 1961 25 (22 U.S.C. 2371); 26 VerDate Sep 11 2014 00:09 Mar 26, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S963.PCS S963 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 963 PCS (3) the term ‘‘Domestic Terrorism Executive 1 Committee’’ means the committee within the De- 2 partment of Justice tasked with assessing and shar- 3 ing information about ongoing domestic terrorism 4 threats; 5 (4) the term ‘‘hate crime incident’’ means an 6 act described in section 241, 245, 247, or 249 of 7 title 18, United States Code, or in section 901 of the 8 Civil Rights Act of 1968 (42 U.S.C. 3631); 9 (5) the term ‘‘Secretary’’ means the Secretary 10 of Homeland Security; and 11 (6) the term ‘‘uniformed services’’ has the 12 meaning given the term in section 101(a) of title 10, 13 United States Code. 14 SEC. 3. OFFICES TO COMBAT DOMESTIC TERRORISM. 15 (a) AUTHORIZATION OF OFFICES TO MONITOR, ANA- 16 LYZE, INVESTIGATE, AND PROSECUTE DOMESTIC TER- 17 RORISM.— 18 (1) DOMESTIC TERRORISM UNIT.—There is au- 19 thorized a Domestic Terrorism Unit in the Office of 20 Intelligence and Analysis of the Department of 21 Homeland Security, which shall be responsible for 22 monitoring and analyzing domestic terrorism activ- 23 ity. 24 VerDate Sep 11 2014 00:09 Mar 26, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S963.PCS S963 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 963 PCS (2) DOMESTIC TERRORISM OFFICE.—There is 1 authorized a Domestic Terrorism Office in the 2 Counterterrorism Section of the National Security 3 Division of the Department of Justice— 4 (A) which shall be responsible for inves- 5 tigating and prosecuting incidents of domestic 6 terrorism; and 7 (B) which shall be headed by the Domestic 8 Terrorism Counsel. 9 (3) DOMESTIC TERRORISM SECTION OF THE 10 FBI.—There is authorized a Domestic Terrorism 11 Section within the Counterterrorism Division of the 12 Federal Bureau of Investigation, which shall be re- 13 sponsible for investigating domestic terrorism activ- 14 ity. 15 (4) STAFFING.—The Secretary, the Attorney 16 General, and the Director shall each ensure that 17 each office authorized under this section in their re- 18 spective agencies shall— 19 (A) have adequate number of employees to 20 perform the required duties; 21 (B) have not less than one employee dedi- 22 cated to ensuring compliance with civil rights 23 and civil liberties laws and regulations; and 24 VerDate Sep 11 2014 00:09 Mar 26, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S963.PCS S963 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 963 PCS (C) require that all employees undergo an- 1 nual anti-bias training. 2 (5) SUNSET.—The offices authorized under this 3 subsection shall terminate on the date that is 10 4 years after the date of enactment of this Act. 5 (b) JOINT REPORT ON DOMESTIC TERRORISM.— 6 (1) BIANNUAL REPORT REQUIRED.—Not later 7 than 180 days after the date of enactment of this 8 Act, and each 6 months thereafter for the 10-year 9 period beginning on the date of enactment of this 10 Act, the Secretary of Homeland Security, the Attor- 11 ney General, and the Director of the Federal Bureau 12 of Investigation shall submit a joint report authored 13 by the domestic terrorism offices authorized under 14 paragraphs (1), (2), and (3) of subsection (a) to— 15 (A) the Committee on the Judiciary, the 16 Committee on Homeland Security and Govern- 17 mental Affairs, and the Select Committee on 18 Intelligence of the Senate; and 19 (B) the Committee on the Judiciary, the 20 Committee on Homeland Security, and the Per- 21 manent Select Committee on Intelligence of the 22 House of Representatives. 23 (2) CONTENTS.—Each report submitted under 24 paragraph (1) shall include— 25 VerDate Sep 11 2014 00:09 Mar 26, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S963.PCS S963 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 963 PCS (A) an assessment of the domestic ter- 1 rorism threat posed by White supremacists and 2 neo-Nazis, including White supremacist and 3 neo-Nazi infiltration of Federal, State, and 4 local law enforcement agencies and the uni- 5 formed services; and 6 (B)(i) in the first report, an analysis of in- 7 cidents or attempted incidents of domestic ter- 8 rorism that have occurred in the United States 9 since April 19, 1995, including any White-su- 10 premacist-related incidents or attempted inci- 11 dents; and 12 (ii) in each subsequent report, an analysis 13 of incidents or attempted incidents of domestic 14 terrorism that occurred in the United States 15 during the preceding 6 months, including any 16 White-supremacist-related incidents or at- 17 tempted incidents; and 18 (C) a quantitative analysis of domestic ter- 19 rorism for the preceding 6 months, including— 20 (i) the number of— 21 (I) domestic terrorism related as- 22 sessments initiated by the Federal 23 Bureau of Investigation, including the 24 number of assessments from each 25 VerDate Sep 11 2014 00:09 Mar 26, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S963.PCS S963 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 963 PCS classification and subcategory, with a 1 specific classification or subcategory 2 for those related to White 3 supremacism; 4 (II) domestic terrorism-related 5 preliminary investigations initiated by 6 the Federal Bureau of Investigation, 7 including the number of preliminary 8 investigations from each classification 9 and subcategory, with a specific clas- 10 sification or subcategory for those re- 11 lated to White supremacism, and how 12 many preliminary investigations re- 13 sulted from assessments; 14 (III) domestic terrorism-related 15 full investigations initiated by the 16 Federal Bureau of Investigation, in- 17 cluding the number of full investiga- 18 tions from each classification and sub- 19 category, with a specific classification 20 or subcategory for those related to 21 White supremacism, and how many 22 full investigations resulted from pre- 23 liminary investigations and assess- 24 ments; 25 VerDate Sep 11 2014 00:09 Mar 26, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S963.PCS S963 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 963 PCS (IV) domestic terrorism-related 1 incidents, including the number of in- 2 cidents from each classification and 3 subcategory, with a specific classifica- 4 tion or subcategory for those related 5 to White supremacism, the number of 6 deaths and injuries resulting from 7 each incident, and a detailed expla- 8 nation of each incident; 9 (V) Federal domestic terrorism- 10 related arrests, including the number 11 of arrests from each classification and 12 subcategory, with a specific classifica- 13 tion or subcategory for those related 14 to White supremacism, and a detailed 15 explanation of each arrest; 16 (VI) Federal domestic terrorism- 17 related indictments, including the 18 number of indictments from each clas- 19 sification and subcategory, with a spe- 20 cific classification or subcategory for 21 those related to White supremacism, 22 and a detailed explanation of each in- 23 dictment; 24 VerDate Sep 11 2014 00:09 Mar 26, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S963.PCS S963 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 963 PCS (VII) Federal domestic terrorism- 1 related prosecutions, including the 2 number of incidents from each classi- 3 fication and subcategory, with a spe- 4 cific classification or subcategory for 5 those related to White supremacism, 6 and a detailed explanation of each 7 prosecution; 8 (VIII) Federal domestic ter- 9 rorism-related convictions, including 10 the number of convictions from each 11 classification and subcategory, with a 12 specific classification or subcategory 13 for those related to White 14 supremacism, and a detailed expla- 15 nation of each conviction; and 16 (IX) Federal domestic terrorism- 17 related weapons recoveries, including 18 the number of each type of weapon 19 and the number of weapons from each 20 classification and subcategory, with a 21 specific classification or subcategory 22 for those related to White 23 supremacism; and 24 VerDate Sep 11 2014 00:09 Mar 26, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S963.PCS S963 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 963 PCS (ii) an explanation of each individual 1 case that progressed through more than 1 2 of the stages described under clause (i)— 3 (I) including the specific classi- 4 fication or subcategory for each case; 5 and 6 (II) not including personally 7 identifiable information not otherwise 8 releasable to the public. 9 (3) HATE CRIMES.—In compiling a joint report 10 under this subsection, the domestic terrorism offices 11 authorized under paragraphs (1), (2), and (3) of 12 subsection (a) shall, in consultation with the Civil 13 Rights Division of the Department of Justice and 14 the Civil Rights Unit of the Federal Bureau of In- 15 vestigation, review each hate crime incident reported 16 during the preceding 6 months to determine whether 17 the incident also constitutes a domestic terrorism-re- 18 lated incident. 19 (4) CLASSIFICATION AND PUBLIC RELEASE.— 20 Each report submitted under paragraph (1) shall 21 be— 22 (A) unclassified, to the greatest extent pos- 23 sible, with a classified annex only if necessary; 24 and 25 VerDate Sep 11 2014 00:09 Mar 26, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S963.PCS S963 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 963 PCS (B) in the case of the unclassified portion 1 of the report, posted on the public websites of 2 the Department of Homeland Security, the De- 3 partment of Justice, and the Federal Bureau of 4 Investigation. 5 (5) NONDUPLICATION.—If two or more provi- 6 sions of this subsection or any other law impose re- 7 quirements on an agency to report or analyze infor- 8 mation on domestic terrorism that are substantially 9 similar, the agency shall construe such provisions as 10 mutually supplemental, so as to provide for the most 11 extensive reporting or analysis, and shall comply 12 with each such requirement as fully as possible. 13 (c) DOMESTIC TERRORISM EXECUTIVE COM- 14 MITTEE.—There is authorized a Domestic Terrorism Ex- 15 ecutive Committee, which shall— 16 (1) meet on a regular basis, and not less regu- 17 larly than 4 times each year, to coordinate with 18 United States Attorneys and other key public safety 19 officials across the country to promote information 20 sharing and ensure an effective, responsive, and or- 21 ganized joint effort to combat domestic terrorism; 22 and 23 (2) be co-chaired by— 24 VerDate Sep 11 2014 00:09 Mar 26, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S963.PCS S963 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 963 PCS (A) the Domestic Terrorism Counsel au- 1 thorized under subsection (a)(2)(B); 2 (B) a United States Attorney or Assistant 3 United States Attorney; 4 (C) a member of the National Security Di- 5 vision of the Department of Justice; and 6 (D) a member of the Federal Bureau of 7 Investigation. 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 00:09 Mar 26, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S963.PCS S963 pamtmann on DSKBC07HB2PROD with BILLS 13 •S 963 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 domestic-ter- 5 rorism tra [Text truncated for display. Full text available on Congress.gov.]