To direct the Director of National Intelligence to submit to Congress an intelligence assessment on threats to the United States associated with foreign violent White supremacist extremist organizations.

I 117TH CONGRESS 1ST SESSION H. R. 4038 To direct the Director of National Intelligence to submit to Congress an intelligence assessment on threats to the United States associated with foreign violent White supremacist extremist organizations. IN THE HOUSE OF REPRESENTATIVES JUNE 22, 2021 Mr. CARSON (for himself and Mr. SCHIFF) introduced the following bill; which was referred to the Permanent Select Committee on Intelligence A BILL To direct the Director of National Intelligence to submit to Congress an intelligence assessment on threats to the United States associated with foreign violent White supremacist extremist organizations. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. INTELLIGENCE ASSESSMENT AND REPORTS ON 3 VIOLENT TRANSNATIONAL WHITE SUPREMA- 4 CIST EXTREMISM. 5 (a) INTELLIGENCE ASSESSMENT.— 6 (1) REQUIREMENT.—Not later than 120 days 7 after the date of the enactment of this Act, the Di- 8 VerDate Sep 11 2014 07:37 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4038.IH H4038 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 4038 IH rector of National Intelligence, acting through the 1 Director of the National Counterterrorism Center, in 2 coordination with the Director of the Federal Bu- 3 reau of Investigation and the Under Secretary of 4 Homeland Security for Intelligence and Analysis, 5 and in consultation with other relevant Federal de- 6 partments and agencies, shall submit to the appro- 7 priate congressional committees an intelligence as- 8 sessment on threats to the United States associated 9 with foreign violent White supremacist extremist or- 10 ganizations. 11 (2) ELEMENTS.—The assessment under para- 12 graph (1) shall include the following: 13 (A) A list of foreign violent White su- 14 premacist extremist organizations. 15 (B) With respect to each such organiza- 16 tion— 17 (i) an overview of the membership, 18 ideology, and activities; 19 (ii) a description of any transnational 20 links to the United States or United States 21 persons; 22 (iii) a description of the leadership, 23 plans, intentions, and capabilities; 24 VerDate Sep 11 2014 07:37 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4038.IH H4038 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 4038 IH (iv) whether (and if so, to what ex- 1 tent) foreign governments or their proxies 2 provide any manner of support to such or- 3 ganizations, including a list of each such 4 foreign government or proxy; 5 (v) a description of the composition 6 and characteristics of the members and 7 support networks, including whether (and 8 if so, to what extent) the members are also 9 a part of a military, security service, or po- 10 lice; 11 (vi) a description of financing and 12 other forms of material support; 13 (vii) an assessment of trends and pat- 14 terns relative to communications, travel, 15 and training (including whether and to 16 what extent the organization is engaged in 17 or facilitating military or paramilitary 18 training); 19 (viii) an assessment of the 20 radicalization and recruitment, including 21 an analysis of the extremist messaging mo- 22 tivating members and supporters; and 23 (ix) whether (and if so, to what ex- 24 tent) foreign governments have sufficient 25 VerDate Sep 11 2014 07:37 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4038.IH H4038 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 4038 IH laws and policies to counter threats to the 1 United States associated with the organi- 2 zation, including best practices and gaps. 3 (C) An assessment of the status and extent 4 of information sharing, intelligence partner- 5 ships, foreign police cooperation, and mutual 6 legal assistance between the United States and 7 foreign governments relative to countering 8 threats to the United States associated with 9 foreign violent White supremacist extremist or- 10 ganizations. 11 (D) An assessment of intelligence gaps and 12 recommendations on how to remedy such gaps. 13 (E) An opportunity analysis regarding 14 countering such threats, including, at a min- 15 imum, with respect to mitigating and disrupting 16 the transnational nexus. 17 (3) STANDARDS.—The intelligence assessment 18 under paragraph (1) shall be conducted in a manner 19 that meets the analytic integrity and tradecraft 20 standards of the intelligence community. 21 (4) FORM AND PUBLIC RELEASE.—The intel- 22 ligence assessment under paragraph (1) shall be 23 submitted in unclassified form, but may include a 24 classified annex in electronic form that is fully in- 25 VerDate Sep 11 2014 07:37 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4038.IH H4038 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 4038 IH dexed and searchable. In carrying out this para- 1 graph, the officials specified in paragraph (1) 2 shall— 3 (A) ensure that the assessment is unclassi- 4 fied to the extent possible; 5 (B) make the unclassified assessment pub- 6 licly available on the internet websites of the of- 7 ficials— 8 (i) by not later than 30 days after 9 submission to the appropriate congres- 10 sional committees; and 11 (ii) in an electronic format that is 12 fully indexed and searchable; and 13 (C) ensure that the assessment is drafted 14 in a way to maximize the ability to share the 15 assessment, including the classified annex, with 16 the entities under paragraph (5). 17 (5) SHARING.—Consistent with the protection 18 of classified information, the Director of National 19 Intelligence, acting through the Director of the Na- 20 tional Counterterrorism Center, in coordination with 21 the Director of the Federal Bureau of Investigation 22 and the Under Secretary of Homeland Security for 23 Intelligence and Analysis, shall share the intelligence 24 assessment under paragraph (1) with— 25 VerDate Sep 11 2014 07:37 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4038.IH H4038 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 4038 IH (A) appropriate Federal departments and 1 agencies; 2 (B) Joint Terrorism Task Forces and the 3 Domestic Terrorism-Hate Crimes Fusion Cell 4 of the Federal Bureau of Investigation; 5 (C) State, local, and Tribal law enforce- 6 ment officials, including officials who operate 7 within State, local, and regional fusion centers 8 through the Department of Homeland Security 9 State, Local, and Regional Fusion Center Ini- 10 tiative established in accordance with section 11 210A of the Homeland Security Act of 2002 (6 12 U.S.C. 124h); and 13 (D) appropriate foreign governments, in- 14 cluding foreign intelligence services and foreign 15 police, and international institutions, that part- 16 ner with the United States on countering 17 threats associated with foreign violent White 18 supremacist extremist organizations. 19 (b) REPORT.— 20 (1) REQUIREMENT.—Not later than 150 days 21 after the date of the enactment of this Act, the Di- 22 rector of National Intelligence (acting through the 23 Director of the National Counterterrorism Center), 24 in coordination with the Secretary of State, the Sec- 25 VerDate Sep 11 2014 07:37 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4038.IH H4038 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 4038 IH retary of the Treasury, the Attorney General, the 1 Secretary of Homeland Security, and in a manner 2 consistent with the authorities and responsibilities of 3 such Secretary or Director, shall submit to the ap- 4 propriate congressional committees a report on the 5 use of Federal laws, regulations, and policies by the 6 Federal Government to counter threats to the 7 United States and United States persons associated 8 with foreign violent White supremacist extremist or- 9 ganizations. 10 (2) ELEMENTS.—The report under paragraph 11 shall include the following: 12 (A) An identification, description, and as- 13 sessment of the use and efficacy of, Federal 14 laws, regulations, and policies used by the Fed- 15 eral Government to address threats to the 16 United States and United States persons asso- 17 ciated with foreign violent White supremacist 18 extremist organizations, including pursuant 19 to— 20 (i) section 1016 of the Intelligence 21 Reform and Terrorism Prevention Act of 22 2004 (6 U.S.C. 485) and section 119 of 23 the National Security Act of 1949 (50 24 U.S.C. 3056), particularly with respect to 25 VerDate Sep 11 2014 07:37 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4038.IH H4038 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 4038 IH the coordination and integration of all in- 1 struments of national power; 2 (ii) Executive Order 12333 (50 U.S.C. 3 3001 note), as amended; 4 (iii) the designation of foreign ter- 5 rorist organizations under section 219 of 6 the Immigration and Nationality Act (8 7 U.S.C. 1189); 8 (iv) the designation of specially des- 9 ignated terrorists, specially designated 10 global terrorists, or specially designated 11 nationals and blocked persons, pursuant to 12 Executive Orders 13886, 13372, and 13 13224 and parts 594, 595, 596, and 597 14 of title 31, Code of Federal Regulations; 15 (v) National Security Presidential 16 Memorandums 7 and 9, particularly with 17 respect to the sharing of terrorism infor- 18 mation and screening and vetting activi- 19 ties; and 20 (vi) any other applicable Federal laws, 21 regulations, or policies. 22 (B) An assessment of whether (and if so, 23 to what extent and why) such Federal laws, 24 regulations, and policies are sufficient to 25 VerDate Sep 11 2014 07:37 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4038.IH H4038 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 4038 IH counter such threats, including a description of 1 any gaps and specific examples to illustrate 2 such gaps. 3 (C) Recommendations regarding how to 4 remedy the gaps under subparagraph (B). 5 (3) PRIVACY AND CIVIL LIBERTIES ASSESS- 6 MENT.—Not later than 180 days after the date of 7 the enactment of this Act, the Privacy and Civil Lib- 8 erties Oversight Board, in consultation with the civil 9 liberties and privacy officers of the Federal depart- 10 ments and agencies the Board determines appro- 11 priate, shall submit to the appropriate congressional 12 committees a report containing— 13 (A) an assessment of the impacts on the 14 privacy and civil liberties of United States per- 15 sons concerning the use or recommended use of 16 any Federal laws, regulations, and policies spec- 17 ified in paragraph (2); and 18 (B) recommendations on options to develop 19 protections to mitigate such impacts. 20 (4) FORM AND PUBLIC RELEASE.—The reports 21 under paragraphs (1) and (2) shall be submitted in 22 unclassified form, but may include a classified annex 23 in electronic form that is fully indexed and search- 24 VerDate Sep 11 2014 07:37 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4038.IH H4038 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 4038 IH able. In carrying out this paragraph, the officials re- 1 sponsible for submitting such reports shall— 2 (A) ensure that the reports are unclassified 3 to the extent possible; and 4 (B) make the unclassified reports publicly 5 available on the internet websites of the offi- 6 cials— 7 (i) by not later than 30 days after 8 submission to the appropriate congres- 9 sional committees; and 10 (ii) in an electronic format that is 11 fully indexed and searchable. 12 (c) DEFINITIONS.—In this section: 13 (1) APPROPRIATE CONGRESSIONAL COMMIT- 14 TEES.—The term ‘‘appropriate congressional com- 15 mittees’’ means— 16 (A) the Permanent Select Committee on 17 Intelligence, the Committee on Homeland Secu- 18 rity, the Committee on Foreign Affairs, and the 19 Committee on the Judiciary of the House of 20 Representatives; and 21 (B) the Select Committee on Intelligence, 22 the Committee on Homeland Security and Gov- 23 ernmental Affairs, the Committee on Foreign 24 VerDate Sep 11 2014 00:17 Jul 20, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4038.IH H4038 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 4038 IH Affairs, and the Committee on the Judiciary of 1 the Senate. 2 (2) FOREIGN VIOLENT WHITE SUPREMACIST 3 EXTREMIST ORGANIZATION.—The term ‘‘foreign vio- 4 lent White supremacist extremist organization’’ 5 means an organization, such as a neo-Nazi or racist 6 skinhead group or militia, with a substantial compo- 7 nent based outside the United States, that is en- 8 gaged in the planning or execution of racially or eth- 9 nically motivated acts of terrorism or other targeted 10 violence motivated by White supremacist extremism, 11 particularly against immigrants or individuals per- 12 ceived to be immigrants, African Americans or other 13 people of African descent, Jews, Muslims, or other 14 people perceived to be ethnic minorities or otherwise 15 not perceived to be White. 16 (3) TERRORISM INFORMATION.—The term ‘‘ter- 17 rorism information’’ has the meaning given that 18 term in section 1016(a) of the Intelligence Reform 19 and Terrorism Prevention Act of 2004 (6 U.S.C. 20 485(a)). 21 (4) UNITED STATES PERSON.—The term 22 ‘‘United States person’’ has the meaning given that 23 VerDate Sep 11 2014 07:37 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4038.IH H4038 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 4038 IH term in section 105A(c) of the National Security Act 1 of 1947 (50 U.S.C. 3039). 2 Æ VerDate Sep 11 2014 07:37 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\H4038.IH H4038 kjohnson on DSK79L0C42PROD with BILLS