Domestic Terrorism Prevention Act of 2023

II 118TH CONGRESS 1ST SESSION S. 1591 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 MAY 15, 2023 Mr. DURBIN (for himself, Ms. BALDWIN, Mr. MENENDEZ, Mrs. MURRAY, Mr. CARDIN, Mrs. GILLIBRAND, Mr. WHITEHOUSE, Mr. MURPHY, Mr. SCHATZ, Ms. CANTWELL, and Ms. CORTEZ MASTO) introduced the fol- lowing 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 VerDate Sep 11 2014 01:45 May 25, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1591.IS S1591 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1591 IS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Domestic Terrorism 2 Prevention Act of 2023’’. 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; 10 (3) the term ‘‘Domestic Terrorism Executive 11 Committee’’ means the committee within the De- 12 partment of Justice tasked with assessing and shar- 13 ing information about ongoing domestic terrorism 14 threats; 15 (4) the term ‘‘hate crime incident’’ means an 16 act described in section 241, 245, 247, or 249 of 17 title 18, United States Code, or in section 901 of the 18 Civil Rights Act of 1968 (42 U.S.C. 3631); 19 (5) the term ‘‘Secretary’’, except as otherwise 20 provided, means the Secretary of Homeland Secu- 21 rity; and 22 (6) the term ‘‘uniformed services’’ has the 23 meaning given the term in section 101(a) of title 10, 24 United States Code. 25 VerDate Sep 11 2014 01:45 May 25, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1591.IS S1591 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1591 IS SEC. 3. OFFICES TO COMBAT DOMESTIC TERRORISM. 1 (a) AUTHORIZATION OF OFFICES TO MONITOR, ANA- 2 LYZE, INVESTIGATE, AND PROSECUTE DOMESTIC TER- 3 RORISM.— 4 (1) DOMESTIC TERRORISM UNIT.—There is au- 5 thorized a Domestic Terrorism Unit in the Office of 6 Intelligence and Analysis of the Department of 7 Homeland Security, which shall be responsible for 8 monitoring and analyzing domestic terrorism activ- 9 ity. 10 (2) DOMESTIC TERRORISM OFFICE.—There is 11 authorized a Domestic Terrorism Office in the 12 Counterterrorism Section of the National Security 13 Division of the Department of Justice— 14 (A) which shall be responsible for inves- 15 tigating and prosecuting incidents of domestic 16 terrorism; 17 (B) which shall be headed by the Domestic 18 Terrorism Counsel; and 19 (C) which shall coordinate with the Civil 20 Rights Division on domestic terrorism matters 21 that may also be hate crime incidents. 22 (3) DOMESTIC TERRORISM SECTION OF THE 23 FBI.—There is authorized a Domestic Terrorism 24 Section within the Counterterrorism Division of the 25 Federal Bureau of Investigation, which shall be re- 26 VerDate Sep 11 2014 01:45 May 25, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1591.IS S1591 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1591 IS sponsible for investigating domestic terrorism activ- 1 ity. 2 (4) STAFFING.—The Secretary, the Attorney 3 General, and the Director shall each ensure that 4 each office authorized under this section in their re- 5 spective agencies shall— 6 (A) have an adequate number of employees 7 to perform the required duties; 8 (B) have not less than one employee dedi- 9 cated to ensuring compliance with civil rights 10 and civil liberties laws and regulations; and 11 (C) require that all employees undergo an- 12 nual anti-bias training. 13 (5) SUNSET.—The offices authorized under this 14 subsection shall terminate on the date that is 10 15 years after the date of enactment of this Act. 16 (b) JOINT REPORT ON DOMESTIC TERRORISM.— 17 (1) BIANNUAL REPORT REQUIRED.—Not later 18 than 180 days after the date of enactment of this 19 Act, and each 6 months thereafter for the 10-year 20 period beginning on the date of enactment of this 21 Act, the Secretary, the Attorney General, and the 22 Director shall submit a joint report authored by the 23 domestic terrorism offices authorized under para- 24 graphs (1), (2), and (3) of subsection (a) to— 25 VerDate Sep 11 2014 01:45 May 25, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1591.IS S1591 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1591 IS (A) the Committee on the Judiciary, the 1 Committee on Homeland Security and Govern- 2 mental Affairs, and the Select Committee on 3 Intelligence of the Senate; and 4 (B) the Committee on the Judiciary, the 5 Committee on Homeland Security, and the Per- 6 manent Select Committee on Intelligence of the 7 House of Representatives. 8 (2) CONTENTS.—Each report submitted under 9 paragraph (1) shall include— 10 (A) an assessment of the domestic ter- 11 rorism threat posed by White supremacists and 12 neo-Nazis, including White supremacist and 13 neo-Nazi infiltration of Federal, State, and 14 local law enforcement agencies and the uni- 15 formed services; 16 (B)(i) in the first report, an analysis of in- 17 cidents or attempted incidents of domestic ter- 18 rorism that have occurred in the United States 19 since April 19, 1995, including any White-su- 20 premacist-related incidents or attempted inci- 21 dents; and 22 (ii) in each subsequent report, an analysis 23 of incidents or attempted incidents of domestic 24 terrorism that occurred in the United States 25 VerDate Sep 11 2014 01:45 May 25, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1591.IS S1591 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1591 IS during the preceding 6 months, including any 1 White-supremacist-related incidents or at- 2 tempted incidents; 3 (C) a quantitative analysis of domestic ter- 4 rorism for the preceding 6 months, including— 5 (i) the number of— 6 (I) domestic terrorism related as- 7 sessments initiated by the Federal 8 Bureau of Investigation, including the 9 number of assessments from each 10 classification and subcategory, with a 11 specific classification or subcategory 12 for those related to White 13 supremacism; 14 (II) domestic terrorism-related 15 preliminary investigations initiated by 16 the Federal Bureau of Investigation, 17 including the number of preliminary 18 investigations from each classification 19 and subcategory, with a specific clas- 20 sification or subcategory for those re- 21 lated to White supremacism, and how 22 many preliminary investigations re- 23 sulted from assessments; 24 VerDate Sep 11 2014 01:45 May 25, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1591.IS S1591 kjohnson on DSK79L0C42PROD with BILLS 7 •S 1591 IS (III) domestic terrorism-related 1 full investigations initiated by the 2 Federal Bureau of Investigation, in- 3 cluding the number of full investiga- 4 tions from each classification and sub- 5 category, with a specific classification 6 or subcategory for those related to 7 White supremacism, and how many 8 full investigations resulted from pre- 9 liminary investigations and assess- 10 ments; 11 (IV) domestic terrorism-related 12 incidents, including the number of in- 13 cidents from each classification and 14 subcategory, with a specific classifica- 15 tion or subcategory for those related 16 to White supremacism, the number of 17 deaths and injuries resulting from 18 each incident, and a detailed expla- 19 nation of each incident; 20 (V) Federal domestic terrorism- 21 related arrests, including the number 22 of arrests from each classification and 23 subcategory, with a specific classifica- 24 tion or subcategory for those related 25 VerDate Sep 11 2014 01:45 May 25, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1591.IS S1591 kjohnson on DSK79L0C42PROD with BILLS 8 •S 1591 IS to White supremacism, and a detailed 1 explanation of each arrest; 2 (VI) Federal domestic terrorism- 3 related indictments, including the 4 number of indictments from each clas- 5 sification and subcategory, with a spe- 6 cific classification or subcategory for 7 those related to White supremacism, 8 and a detailed explanation of each in- 9 dictment; 10 (VII) Federal domestic terrorism- 11 related prosecutions, including the 12 number of incidents from each classi- 13 fication and subcategory, with a spe- 14 cific classification or subcategory for 15 those related to White supremacism, 16 and a detailed explanation of each 17 prosecution; 18 (VIII) Federal domestic ter- 19 rorism-related convictions, including 20 the number of convictions from each 21 classification and subcategory, with a 22 specific classification or subcategory 23 for those related to White 24 VerDate Sep 11 2014 01:45 May 25, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1591.IS S1591 kjohnson on DSK79L0C42PROD with BILLS 9 •S 1591 IS supremacism, and a detailed expla- 1 nation of each conviction; and 2 (IX) Federal domestic terrorism- 3 related weapons recoveries, including 4 the number of each type of weapon 5 and the number of weapons from each 6 classification and subcategory, with a 7 specific classification or subcategory 8 for those related to White 9 supremacism; and 10 (ii) an explanation of each individual 11 case that progressed through more than 1 12 of the stages described under clause (i)— 13 (I) including the specific classi- 14 fication or subcategory for each case; 15 and 16 (II) not including personally 17 identifiable information not otherwise 18 releasable to the public; and 19 (D) certification that each of the assess- 20 ments and investigations described under sub- 21 paragraph (C) are in compliance with all appli- 22 cable civil rights and civil liberties laws and reg- 23 ulations. 24 VerDate Sep 11 2014 01:45 May 25, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1591.IS S1591 kjohnson on DSK79L0C42PROD with BILLS 10 •S 1591 IS (3) HATE CRIMES.—In compiling a joint report 1 under this subsection, the domestic terrorism offices 2 authorized under paragraphs (1), (2), and (3) of 3 subsection (a) shall, in consultation with the Civil 4 Rights Division of the Department of Justice and 5 the Civil Rights Unit of the Federal Bureau of In- 6 vestigation, review each Federal hate crime charge 7 and conviction during the preceding 6 months to de- 8 termine whether the incident also constitutes a do- 9 mestic terrorism-related incident. 10 (4) CLASSIFICATION AND PUBLIC RELEASE.— 11 Each report submitted under paragraph (1) shall 12 be— 13 (A) unclassified, to the greatest extent pos- 14 sible, with a classified annex only if necessary; 15 and 16 (B) in the case of the unclassified portion 17 of the report, posted on the public websites of 18 the Department of Homeland Security, the De- 19 partment of Justice, and the Federal Bureau of 20 Investigation. 21 (5) NONDUPLICATION.—If two or more provi- 22 sions of this subsection or any other law impose re- 23 quirements on an agency to report or analyze infor- 24 mation on domestic terrorism that are substantially 25 VerDate Sep 11 2014 01:45 May 25, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1591.IS S1591 kjohnson on DSK79L0C42PROD with BILLS 11 •S 1591 IS similar, the agency may produce one report that 1 complies with each such requirement as fully as pos- 2 sible. 3 (c) DOMESTIC TERRORISM EXECUTIVE COM- 4 MITTEE.—There is authorized a Domestic Terrorism Ex- 5 ecutive Committee, which shall meet on a regular basis, 6 and not less regularly than 4 times each year, to coordi- 7 nate with United States Attorneys and other key public 8 safety officials across the United States to promote infor- 9 mation sharing and ensure an effective, responsive, and 10 organized joint effort to combat domestic terrorism. 11 (d) FOCUS ON GREATEST THREATS.—The domestic 12 terrorism offices authorized under paragraphs (1), (2), 13 and (3) of subsection (a) shall focus their limited resources 14 on the most significant domestic terrorism threats, as de- 15 termined by the number of domestic terrorism-related inci- 16 dents from each category and subclassification in the joint 17 report for the preceding 6 months required under sub- 18 section (b). 19 SEC. 4. TRAINING TO COMBAT DOMESTIC TERRORISM. 20 (a) REQUIRED TRAINING AND RESOURCES.—The 21 Secretary, the Attorney General, and the Director shall 22 review the anti-terrorism training and resource programs 23 of their respective agencies that are provided to Federal, 24 State, local, and Tribal law enforcement agencies, includ- 25 VerDate Sep 11 2014 01:45 May 25, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1591.IS S1591 kjohnson on DSK79L0C42PROD with BILLS 12 •S 1591 IS ing the State and Local Anti-Terrorism Program that is 1 funded by the Bureau of Justice Assistance of the Depart- 2 ment of Justice, and ensure that such programs include 3 training and resources to assist State, local, and Tribal 4 law enforcement agencies in understanding, detecting, de- 5 terring, and investigating acts of domestic terrorism and 6 White supremacist and neo-Nazi infiltration of law en- 7 forcement and corrections agencies. The Attorney General 8 shall make training available to Department prosecutors 9 and to Assistant United States Attorneys on countering 10 and prosecuting domestic terrorism. The domestic-ter- 11 rorism training shall focus on the most significant domes- 12 tic terrorism threats, as determined by the quantitative 13 analysis in the joint report required under section 3(b). 14 (b) REQUIREMENT.—Any individual who provides do- 15 mestic terrorism training required under this section shall 16 have— 17 (1) expertise in domestic terrorism; and 18 (2) relevant academic, law enforcement, or 19 other community-based experience in matters related 20 to domestic terrorism. 21 (c) REPORT.— 22 (1) IN GENERAL.—Not later than 6 months 23 after the date of enactment of this Act and twice 24 each year thereafter, the Secretary, the Attorney 25 VerDate Sep 11 2014 01:45 May 25, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1591.IS S1591 kjohnson on DSK79 [Text truncated for display. 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