Countering Global White Supremacist Terrorism Act

II 116TH CONGRESS 2D SESSION S. 4080 To counter White identity terrorism globally, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 25, 2020 Mr. MENENDEZ introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To counter White identity terrorism globally, 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Countering Global 4 White Supremacist Terrorism Act’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 (1) ‘‘White identity terrorism’’ is the term used 8 by the Department of State to encompass White na- 9 tionalist and White supremacist terrorists. Individ- 10 uals who adhere to White nationalist and White su- 11 VerDate Sep 11 2014 00:21 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4080.IS S4080 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 4080 IS premacist ideologies share a common belief that 1 White people and ‘‘White identity’’ in western coun- 2 tries are under siege and pursue the destruction of 3 pluralistic values intrinsic to the American way of 4 life. 5 (2) The Global Terrorism Database and cor- 6 responding Global Terrorism Index have recorded a 7 rise in the number and lethality of White identity 8 terrorist incidents during the past decade, both do- 9 mestically and internationally. 10 (3) Various individuals, networks, and organiza- 11 tions fall under the umbrella of the global White 12 identity terrorist movement, whose adherents are be- 13 coming increasingly internationalized, with fighters 14 and terrorist ideology moving across borders. 15 (4) Irresponsible social media sites are enabling 16 the internationalization of the White identity ter- 17 rorist movement in terms of organization and re- 18 cruitment. State and nonstate actors have helped to 19 build a global, online White identity terrorist echo 20 chamber, including by translating terrorist mani- 21 festos and promoting other violent extremist content. 22 This activity includes countries using ‘‘troll farms’’ 23 to exacerbate fears of immigrants, Muslims, Jews, 24 VerDate Sep 11 2014 00:21 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4080.IS S4080 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 4080 IS and other minorities in western countries among po- 1 tentially sympathetic audiences. 2 (5) There is evidence that adherents of the 3 White identity movement in the United States are 4 increasingly traveling overseas for training, further 5 contributing to the internationalization of White 6 identity terrorism. Jihadist experiences in Afghani- 7 stan, Iraq, and Syria highlight the dangers that such 8 individuals can pose because of the connections and 9 capabilities they bring with them when they return 10 home. 11 (6) The global White identity terrorist move- 12 ment has manifested a decentralized organizational 13 approach that encourages individuals to operate 14 independently from one another and execute ter- 15 rorist attacks on their own. This approach poses 16 challenges to law enforcement efforts to track, mon- 17 itor, and disrupt planned violence. In the same way 18 that Islamist terrorists have looked to figures in al- 19 Qaeda and the Islamic State, White identity terror- 20 ists draw on one another for inspiration. 21 (7) The growing global interconnectivity of the 22 White identity terrorist movement means that the 23 United States must confront this threat as part of 24 an integrated, whole-of-government approach. 25 VerDate Sep 11 2014 00:21 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4080.IS S4080 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 4080 IS SEC. 3. COUNTERING WHITE IDENTITY TERRORISM GLOB- 1 ALLY. 2 (a) STRATEGY AND COORDINATION.—Not later than 3 6 months after the date of the enactment of this Act, the 4 Secretary of State shall— 5 (1) develop and submit to the Committee on 6 Foreign Relations of the Senate and the Committee 7 on Foreign Affairs of the House of Representatives 8 a Department of State-wide strategy entitled the 9 ‘‘Department of State Strategy for Countering 10 White Identity Terrorism Globally’’ (in this section 11 referred to as the ‘‘strategy’’). 12 (2) designate the Coordinator for Counterter- 13 rorism of the Department of State to coordinate De- 14 partment of State efforts to counter White identity 15 terrorism globally, including with United States dip- 16 lomatic and consular posts, the Director of the Na- 17 tional Counterterrorism Center, the Director of the 18 Central Intelligence Agency, the Attorney General, 19 the Director of National Intelligence, the Secretary 20 of Homeland Security, the Director of the Federal 21 Bureau of Investigation, the Secretary of the Treas- 22 ury, and the heads of other relevant Federal depart- 23 ments or agencies. 24 (b) ELEMENTS.—The strategy shall, at a minimum, 25 contain the following: 26 VerDate Sep 11 2014 00:21 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4080.IS S4080 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 4080 IS (1) An assessment of the global threat from 1 White identity terrorism abroad, including geo- 2 graphic or country prioritization based on the as- 3 sessed threat to the United States. 4 (2) A description of the coordination mecha- 5 nisms between relevant bureaus and offices within 6 the Department of State, including United States 7 diplomatic and consular posts, for developing and 8 implementing efforts to counter White identity ter- 9 rorism. 10 (3) A description of how the Department of 11 State plans to build on any existing strategy devel- 12 oped by the Bureau of Counterterrorism— 13 (A) to adapt or expand existing Depart- 14 ment programs, projects, activities, or policy in- 15 struments based on existing authorities for the 16 specific purpose of degrading and delegitimizing 17 the White identity terrorist movement globally; 18 and 19 (B) to identify the need for any new De- 20 partment programs, projects, activities, or pol- 21 icy instruments for the specific purpose of de- 22 grading and delegitimizing the White identity 23 terrorist movement globally, including a de- 24 scription of the steps and resources necessary 25 VerDate Sep 11 2014 00:21 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4080.IS S4080 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 4080 IS to establish any such programs, projects, activi- 1 ties, or policy instruments, noting whether such 2 steps would require new authorities. 3 (4) Detailed plans for using public diplomacy, 4 including the efforts of the Secretary of State and 5 other senior executive branch officials, including the 6 President, to degrade and delegitimize White iden- 7 tity terrorist ideologues and ideology globally, includ- 8 ing by— 9 (A) countering White identity terrorist 10 messaging and supporting efforts to redirect po- 11 tential supporters away from White identity ter- 12 rorist content online; 13 (B) exposing foreign government support 14 for White identity terrorist ideologies, objec- 15 tives, ideologues, networks, organizations, and 16 internet platforms; 17 (C) engaging with foreign governments and 18 internet service providers and other relevant 19 technology entities to prevent or limit White 20 identity terrorists from exploiting internet plat- 21 forms in furtherance of or in preparation for 22 acts of terrorism or other targeted violence, as 23 well as the recruitment, radicalization, and in- 24 VerDate Sep 11 2014 00:21 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4080.IS S4080 pbinns on DSKJLVW7X2PROD with BILLS 7 •S 4080 IS doctrination of new adherents to White identity 1 terrorism; and 2 (D) identifying the roles and responsibil- 3 ities for the Office of the Under Secretary of 4 State for Public Diplomacy and Public Affairs 5 and for the Global Engagement Center in devel- 6 oping and implementing such plans. 7 (5) An outline of the steps the Department of 8 State is taking or will take in coordination, as ap- 9 propriate, with the Director of the National 10 Counterterrorism Center, the Director of the Central 11 Intelligence Agency, the Attorney General, the Di- 12 rector of National Intelligence, the Secretary of 13 Homeland Security, the Director of the Federal Bu- 14 reau of Investigation, the Secretary of the Treasury, 15 and the heads of any other relevant Federal depart- 16 ments or agencies to improve information and intel- 17 ligence sharing with other countries on White iden- 18 tity terrorism based on existing authorities by— 19 (A) describing plans for adapting or ex- 20 panding existing mechanisms for sharing infor- 21 mation, intelligence, or counterterrorism best 22 practices, including facilitating the sharing of 23 information, intelligence, or counterterrorism 24 VerDate Sep 11 2014 00:21 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4080.IS S4080 pbinns on DSKJLVW7X2PROD with BILLS 8 •S 4080 IS best practices gathered by Federal, State, and 1 local law enforcement; and 2 (B) proposing new mechanisms or forums 3 that might enable expanded sharing of informa- 4 tion, intelligence, or counterterrorism best prac- 5 tices. 6 (6) An outline of how the Department of State 7 plans to use designation as a Specially Designated 8 Global Terrorist (under Executive Order 13224 (50 9 U.S.C. 1701 note)) or foreign terrorist organization 10 (pursuant to section 219 of the Immigration and 11 Nationality Act (8 U.S.C. 1189) to support the 12 strategy, including— 13 (A) an assessment and explanation of the 14 utility of applying or not applying such designa- 15 tions when individuals or entities satisfy the cri- 16 teria for such designations; and 17 (B) a description of possible remedies if 18 such criteria are insufficient to enable designa- 19 tion of any individuals or entities the Secretary 20 of State considers a potential terrorist threat to 21 the United States. 22 (7) A description of the Department of State’s 23 plans, in consultation with the Department of the 24 Treasury, to work with foreign governments, finan- 25 VerDate Sep 11 2014 00:21 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4080.IS S4080 pbinns on DSKJLVW7X2PROD with BILLS 9 •S 4080 IS cial institutions and other related entities to counter 1 the financing of White identity terrorists within the 2 parameters of current law, or if no such plans exist, 3 a description of why such plans were not developed. 4 (8) A description of how the Department of 5 State plans to implement the strategy in conjunction 6 with ongoing efforts to counter the Islamic State, al- 7 Qaeda, and other terrorist threats to the United 8 States. 9 (9) A description of how the Department of 10 State will integrate into the strategy lessons learned 11 in the ongoing efforts to counter the Islamic State, 12 al-Qaeda, and other terrorist threats to the United 13 States. 14 (10) An identification of any additional re- 15 sources or staff needed to implement the strategy. 16 (c) INTERAGENCY COORDINATION.—The Secretary of 17 State shall develop the strategy in coordination with the 18 Director of the National Counterterrorism Center and in 19 consultation with the Director of the Central Intelligence 20 Agency, the Attorney General, the Director of National 21 Intelligence, the Secretary of Homeland Security, the Di- 22 rector of the Federal Bureau of Investigation, the Sec- 23 retary of the Treasury, and the heads of any other rel- 24 evant Federal departments or agencies. 25 VerDate Sep 11 2014 00:21 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4080.IS S4080 pbinns on DSKJLVW7X2PROD with BILLS 10 •S 4080 IS (d) STAKEHOLDER INCLUSION.—The strategy shall 1 be developed in consultation with representatives of 2 United States and international civil society and academic 3 entities with experience researching or implementing pro- 4 grams to counter White identity terrorism. 5 (e) FORM.—The strategy shall be submitted in un- 6 classified form that can be made available to the public, 7 but may include a classified annex if the Secretary of 8 State determines such is appropriate. 9 (f) IMPLEMENTATION.—Not later than 3 months 10 after the submission of the strategy, the Secretary of State 11 shall begin implementing the strategy. 12 (g) CONSULTATION.—Not later than 3 months after 13 the date of the enactment of this Act and not less fre- 14 quently than annually thereafter, the Secretary of State 15 shall consult with the Committee on Foreign Relations of 16 the Senate and the Committee on Foreign Affairs of the 17 House of Representatives regarding the development and 18 implementation of the strategy. 19 SEC. 4. ANNUAL COUNTRY REPORTS ON TERRORISM. 20 Section 140(a) of the Foreign Relations Authoriza- 21 tion Act, Fiscal Years 1988 and 1989 (22 U.S.C. 22 2656f(a)) is amended— 23 (1) in paragraph (3)(B), by striking ‘‘and’’ at 24 the end; 25 VerDate Sep 11 2014 00:21 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4080.IS S4080 pbinns on DSKJLVW7X2PROD with BILLS 11 •S 4080 IS (2) in paragraph (4), by striking the period at 1 the end and inserting ‘‘; and’’; and 2 (3) by adding at the end the following: 3 ‘‘(5) all credible information about White iden- 4 tity terrorism, including— 5 ‘‘(A) relevant attacks; 6 ‘‘(B) the identity of perpetrators and vic- 7 tims of such attacks; 8 ‘‘(C) the size and identity of organizations 9 and networks; and 10 ‘‘(D) the identity of notable ideologues.’’. 11 SEC. 5. REPORT ON SANCTIONS. 12 (a) IN GENERAL.—Not later than 120 days after the 13 submission of each of the Annual Country Reports on Ter- 14 rorism pursuant to section 140 of the Foreign Relations 15 Authorization Act, Fiscal Years 1988 and 1989 (22 16 U.S.C. 2656f), and 240 days thereafter, the President 17 shall submit to the Committee on Foreign Relations of the 18 Senate and the Committee on Foreign Affairs of the 19 House of Representatives a report that determines wheth- 20 er the foreign persons, organizations, and networks identi- 21 fied in such reports satisfy the criteria to be designated 22 as— 23 VerDate Sep 11 2014 00:21 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4080.IS S4080 pbinns on DSKJLVW7X2PROD with BILLS 12 •S 4080 IS (1) foreign terrorist organizations under section 1 219 of the Immigration and Nationality Act (8 2 U.S.C. 1189); or 3 (2) Specially Designated Global Terrorist Orga- 4 nizations under Executive Order 13224 (50 U.S.C. 5 1701 note). 6 (b) FORM.—Each determination required under sub- [Text truncated for display. Full text available on Congress.gov.]