IIB 116TH CONGRESS 2D SESSION H. R. 5736 IN THE SENATE OF THE UNITED STATES OCTOBER 1, 2020 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs AN ACT To direct the Under Secretary for Intelligence and Analysis of the Department of Homeland Security to develop and disseminate a threat assessment regarding threats to the United States associated with foreign violent white su- premacist extremist organizations, and for other pur- poses. VerDate Sep 11 2014 21:21 Oct 02, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H5736.RFS H5736 pbinns on DSKJLVW7X2PROD with BILLS 2 HR 5736 RFS 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 ‘‘Transnational White 4 Supremacist Extremism Review Act’’. 5 SEC. 2. THREAT ASSESSMENT. 6 (a) IN GENERAL.—The Under Secretary for Intel- 7 ligence and Analysis of the Department of Homeland Se- 8 curity shall, in coordination with appropriate Federal 9 partners, develop a terrorism threat assessment and ref- 10 erence aid regarding threats to the United States associ- 11 ated with foreign violent white supremacist extremist or- 12 ganizations. Consistent with the protection of classified 13 and confidential unclassified information, the Under Sec- 14 retary shall share the threat assessment developed under 15 this section with State, local, and Tribal law enforcement 16 officials, including officials who operate within State, local, 17 and regional fusion centers through the Department of 18 Homeland Security State, Local, and Regional Fusion 19 Center Initiative established in accordance with section 20 210A of the Homeland Security Act of 2002 (6 U.S.C. 21 124h). 22 (b) COORDINATION.—The threat assessment and ref- 23 erence aid developed pursuant to subsection (a)— 24 VerDate Sep 11 2014 21:21 Oct 02, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5736.RFS H5736 pbinns on DSKJLVW7X2PROD with BILLS 3 HR 5736 RFS (1) shall be developed in coordination with the 1 Office of Civil Rights and Civil Liberties of the De- 2 partment of Homeland Security and other appro- 3 priate Federal agencies; and 4 (2) may be informed by existing products devel- 5 oped by such Office and agencies, as appropriate. 6 (c) OVERVIEW.—The threat assessment and ref- 7 erence aid shall include an overview of symbols, flags, or 8 other references utilized by adherents of foreign violent 9 white supremacist extremist organizations. 10 (d) DISTRIBUTION.—Consistent with the protection 11 of classified and confidential unclassified information, the 12 Under Secretary for Intelligence and Analysis of the De- 13 partment of Homeland Security shall share the threat as- 14 sessment and reference aid with the following: 15 (1) State, local, and Tribal law enforcement of- 16 ficials, including officials who operate within State, 17 local, and regional fusion centers through the De- 18 partment of Homeland Security State, Local, and 19 Regional Fusion Center Initiative established in ac- 20 cordance with section 210A of the Homeland Secu- 21 rity Act of 2002 (6 U.S.C. 124h). 22 (2) Appropriate owners and operators of online 23 platforms to assist in identifying content that may 24 be associated with a foreign violent white suprema- 25 VerDate Sep 11 2014 21:21 Oct 02, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5736.RFS H5736 pbinns on DSKJLVW7X2PROD with BILLS 4 HR 5736 RFS cist extremist organization that may violate the 1 terms of service of such online platforms, upon re- 2 quest from such online platforms and in consultation 3 with the Office of Civil Rights and Civil Liberties of 4 the Department. 5 (e) DEFINITIONS.—In this section: 6 (1) FOREIGN VIOLENT WHITE SUPREMACIST 7 EXTREMIST ORGANIZATION.—The term ‘‘foreign vio- 8 lent white supremacist extremist organization’’ 9 means an organization based outside the United 10 States that seeks, wholly or in part, through unlaw- 11 ful acts of force or violence, to support a belief in 12 the intellectual and moral superiority of the white 13 race over other races. 14 (2) ONLINE PLATFORM.—The term ‘‘online 15 platform’’ means internet-based information services 16 consisting of the storage and processing of informa- 17 tion by and at the request of a content provider and 18 the dissemination of such content to third parties. 19 (f) LIMITATION.—The Under Secretary for Intel- 20 ligence and Analysis of the Department of Homeland Se- 21 curity shall ensure that the threat assessment and ref- 22 erence aid does not contain the name or other identifiable 23 information of any individual or organization engaged in 24 VerDate Sep 11 2014 21:21 Oct 02, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5736.RFS H5736 pbinns on DSKJLVW7X2PROD with BILLS 5 HR 5736 RFS lawful political or public discourse in the United States 1 protected under the United States Constitution. 2 Passed the House of Representatives September 30, 2020. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 21:21 Oct 02, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5736.RFS H5736 pbinns on DSKJLVW7X2PROD with BILLS