[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 350 Reported in House (RH)]
<DOC>
Union Calendar No. 214
117th CONGRESS
2d Session
H. R. 350
[Report No. 117-292, Part I]
To authorize dedicated domestic terrorism offices within the Department
of Homeland Security, the Department of Justice, and the Federal Bureau
of Investigation to analyze and monitor domestic terrorist activity and
require the Federal Government to take steps to prevent domestic
terrorism.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 19, 2021
Mr. Schneider (for himself, Mr. Nadler, Mr. Fitzpatrick, Ms. Kelly of
Illinois, Mr. Bacon, Mr. Vicente Gonzalez of Texas, Mr. Upton, and Mr.
Correa) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committees on
Homeland Security, and Armed Services, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
April 21, 2022
Additional sponsors: Ms. Jackson Lee, Mr. Blumenauer, Ms. Wasserman
Schultz, Mrs. Luria, Mr. Rush, Ms. Moore of Wisconsin, Mr. Keating,
Mrs. Torres of California, Mr. Malinowski, Ms. Meng, Mr. Cooper, Mr.
Suozzi, Mr. Michael F. Doyle of Pennsylvania, Mr. Kim of New Jersey,
Ms. Clark of Massachusetts, Mr. Bishop of Georgia, Mrs. McBath, Mr.
Higgins of New York, Ms. Escobar, Ms. Scanlon, Mr. Peters, Ms.
Brownley, Mr. Pallone, Miss Rice of New York, Ms. Sanchez, Mr.
Pascrell, Mr. Phillips, Mr. O'Halleran, Ms. Titus, Mr. Trone, Ms.
Sewell, Ms. McCollum, Mr. Carbajal, Mr. Larson of Connecticut, Mrs.
Beatty, Mr. Swalwell, Mrs. Demings, Ms. Porter, Ms. Barragan, Mr.
Payne, Mr. Welch, Mrs. Bustos, Mr. Johnson of Georgia, Mrs. Murphy of
Florida, Ms. Houlahan, Mr. Panetta, Mr. Lamb, Ms. Eshoo, Mr.
Gottheimer, Ms. Wexton, Mr. Stanton, Ms. Underwood, Mr. Crow, Mrs.
Hayes, Mr. Perlmutter, Mr. DeFazio, Ms. Lois Frankel of Florida, Mr.
Ruiz, Mr. Casten, Mr. Sires, Ms. Schrier, Mr. Case, Mrs. Watson
Coleman, Ms. Sherrill, Mr. Foster, Ms. Norton, Mr. Sarbanes, Mr. Danny
K. Davis of Illinois, Mr. Schiff, Mr. Lieu, Ms. Clarke of New York, Mr.
Brendan F. Boyle of Pennsylvania, Ms. Speier, Mr. Moulton, Ms. Jayapal,
Mr. Courtney, Mr. Cohen, Ms. Matsui, Mr. Connolly, Mr. Espaillat, Mr.
Crist, Ms. DeGette, Mrs. Axne, Mr. Gallego, Mr. Garamendi, Mr.
Cicilline, Mr. Ryan, Ms. Schakowsky, Ms. Craig, Ms. Manning, Ms. Dean,
Ms. Garcia of Texas, Mr. Kind, Mr. Himes, Mr. Khanna, Ms. Blunt
Rochester, Mr. McGovern, Mr. Meeks, Mr. Thompson of Mississippi, Mr.
Krishnamoorthi, Mr. Quigley, Mr. Norcross, Mr. Allred, Ms. Bass, Mrs.
Lawrence, Mr. Neguse, Mr. Jeffries, Mr. Deutch, Mr. Sherman, Ms.
Stevens, Ms. Velazquez, Mr. Vargas, Ms. Roybal-Allard, Ms. Strickland,
Mr. Lynch, Mr. Ruppersberger, Mr. David Scott of Georgia, Mr. Vela, Mr.
Morelle, Mr. Pappas, Ms. Ross, Mr. Kildee, Mr. Veasey, Mr. Thompson of
California, Mr. Bera, Mr. Kilmer, Ms. Wild, Mr. Torres of New York, Ms.
Newman, Mrs. Fletcher, Mr. Jones, Mr. Levin of California, Mrs. Carolyn
B. Maloney of New York, Mrs. Trahan, Mr. Lawson of Florida, Mr. Levin
of Michigan, Mr. Takano, Ms. Castor of Florida, Mr. Huffman, Mr.
Cuellar, Mr. Gomez, Mr. Sean Patrick Maloney of New York, Ms. DeLauro,
Mr. Lowenthal, Mr. Kahele, Ms. Lee of California, Mr. Tonko, Mr.
Hastings, Ms. Bonamici, Ms. Bourdeaux, Mr. Costa, Mr. Larsen of
Washington, Mr. Horsford, Mr. Schrader, Mr. Brown of Maryland, Mrs.
Napolitano, Ms. Jacobs of California, Mr. McNerney, Ms. Plaskett, Ms.
Kaptur, Mr. Harder of California, Ms. Kuster, Mr. Beyer, Mr.
Cartwright, Ms. Chu, Mr. Cardenas, Ms. DelBene, Mr. Delgado, Ms.
Slotkin, Ms. Davids of Kansas, Mr. Price of North Carolina, Mr. Carson,
Mr. Butterfield, Ms. Wilson of Florida, Mr. Aguilar, Mr. Clyburn, Mr.
Raskin, Ms. Lofgren, Mr. McEachin, Ms. Pingree, Mr. Soto, Mr. Langevin,
Ms. Leger Fernandez, Mr. Castro of Texas, Mr. Evans, Ms. Spanberger,
Mr. Cleaver, Ms. Williams of Georgia, Mr. DeSaulnier, Mr. Green of
Texas, Ms. Johnson of Texas, Mr. Pocan, Mr. Golden, Mr. Yarmuth, Mr.
Mrvan, Ms. Waters, Mrs. Lee of Nevada, Mr. Doggett, Ms. Brown of Ohio,
and Mrs. Cherfilus-McCormick
April 21, 2022
Reported from the Committee on the Judiciary with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
April 21, 2022
Committees on Homeland Security and Armed Services discharged;
committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on January
19, 2021]
_______________________________________________________________________
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 analyze and monitor domestic terrorist activity and
require the Federal Government to take steps to prevent domestic
terrorism.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domestic Terrorism Prevention Act of
2022''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``Director'' means the Director of the Federal
Bureau of Investigation;
(2) the term ``domestic terrorism'' has the meaning given
the term in section 2331 of title 18, United States Code,
except that it does not include acts perpetrated by individuals
associated with or inspired by--
(A) a foreign person or organization designated as
a foreign terrorist organization under section 219 of
the Immigration and Nationality Act (8 U.S.C. 1189);
(B) an individual or organization designated under
Executive Order 13224 (50 U.S.C. 1701 note); or
(C) a state sponsor of terrorism as determined by
the Secretary of State under section 6(j) of the Export
Administration Act of 1979 (50 U.S.C. 4605), section 40
of the Arms Export Control Act (22 U.S.C. 2780), or
section 620A of the Foreign Assistance Act of 1961 (22
U.S.C. 2371);
(3) the term ``Domestic Terrorism Executive Committee''
means the committee within the Department of Justice tasked
with assessing and sharing information about ongoing domestic
terrorism threats;
(4) the term ``hate crime incident'' means an act described
in section 241, 245, 247, or 249 of title 18, United States
Code, or in section 901 of the Civil Rights Act of 1968 (42
U.S.C. 3631);
(5) the term ``Secretary'' means the Secretary of Homeland
Security; and
(6) the term ``uniformed services'' has the meaning given
the term in section 101(a) of title 10, United States Code.
SEC. 3. OFFICES TO COMBAT DOMESTIC TERRORISM.
(a) Authorization of Offices to Monitor, Analyze, Investigate, and
Prosecute Domestic Terrorism.--
(1) Domestic terrorism unit.--There is authorized a
Domestic Terrorism Unit in the Office of Intelligence and
Analysis of the Department of Homeland Security, which shall be
responsible for monitoring and analyzing domestic terrorism
activity.
(2) Domestic terrorism office.--There is authorized a
Domestic Terrorism Office in the Counterterrorism Section of
the National Security Division of the Department of Justice--
(A) which shall be responsible for investigating
and prosecuting incidents of domestic terrorism;
(B) which shall be headed by the Domestic Terrorism
Counsel; and
(C) which shall coordinate with the Civil Rights
Division on domestic terrorism matters that may also be
hate crime incidents.
(3) Domestic terrorism section of the fbi.--There is
authorized a Domestic Terrorism Section within the
Counterterrorism Division of the Federal Bureau of
Investigation, which shall be responsible for investigating
domestic terrorism activity.
(4) Staffing.--The Secretary, the Attorney General, and the
Director shall each ensure that each office authorized under
this section in their respective agencies shall--
(A) have an adequate number of employees to perform
the required duties;
(B) have not less than one employee dedicated to
ensuring compliance with civil rights and civil
liberties laws and regulations; and
(C) require that all employees undergo annual anti-
bias training.
(5) Sunset.--The offices authorized under this subsection
shall terminate on the date that is 10 years after the date of
enactment of this Act.
(b) Joint Report on Domestic Terrorism.--
(1) Biannual report required.--Not later than 180 days
after the date of enactment of this Act, and each 6 months
thereafter for the 10-year period beginning on the date of
enactment of this Act, the Secretary of Homeland Security, the
Attorney General, and the Director of the Federal Bureau of
Investigation shall submit a joint report authored by the
domestic terrorism offices authorized under paragraphs (1),
(2), and (3) of subsection (a) to--
(A) the Committee on the Judiciary, the Committee
on Homeland Security and Governmental Affairs, and the
Select Committee on Intelligence of the Senate; and
(B) the Committee on the Judiciary, the Committee
on Homeland Security, and the Permanent Select
Committee on Intelligence of the House of
Representatives.
(2) Contents.--Each report submitted under paragraph (1)
shall include--
(A) an assessment of the domestic terrorism threat
posed by White supremacists and neo-Nazis, including
White supremacist and neo-Nazi infiltration of Federal,
State, and local law enforcement agencies and the
uniformed services; and
(B)(i) in the first report, an analysis of
incidents or attempted incidents of domestic terrorism
that have occurred in the United States since January
1, 2012, including any White-supremacist-related
incidents or attempted incidents; and
(ii) in each subsequent report, an analysis of
incidents or attempted incidents of domestic terrorism
that occurred in the United States during the preceding
6 months, including any White-supremacist-related
incidents or attempted incidents; and
(C) a quantitative analysis of domestic terrorism
for the preceding 6 months, including--
(i) the number of--
(I) domestic terrorism related
assessments initiated by the Federal
Bureau of Investigation, including the
number of assessments from each
classification and subcategory, with a
specific classification or subcategory
for those related to White supremacism;
(II) domestic terrorism-related
preliminary investigations initiated by
the Federal Bureau of Investigation,
including the number of preliminary
investigations from each classification
and subcategory, with a specific
classification or subcategory for those
related to White supremacism, and how
many preliminary investigations
resulted from assessments;
(III) domestic terrorism-related
full investigations initiated by the
Federal Bureau of Investigation,
including the number of full
investigations from each classification
and subcategory, with a specific
classification or subcategory for those
related to White supremacism, and how
many full investigations resulted from
preliminary investigations and
assessments;
(IV) domestic terrorism-related
incidents, including the number of
incidents from each classification and
subcategory, with a specific
classification or subcategory for those
related to White supremacism, the
number of deaths and injuries resulting
from each incident, and a detailed
explanation of each incident;
(V) Federal domestic terrorism-
related arrests, including the number
of arrests from each classification and
subcategory, with a specific
classification or subcategory for those
related to White supremacism, and a
detailed explanation of each arrest;
(VI) Federal domestic terrorism-
related indictments, including the
number of indictments from each
classification and subcategory, with a
specific classification or subcategory
for those related to White supremacism,
and a detailed explanation of each
indictment;
(VII) Federal domestic terrorism-
related prosecutions, including the
number of incidents from each
classification and subcategory, with a
specific classification or subcategory
for those related to White supremacism,
and a detailed explanation of each
prosecution;
(VIII) Federal domestic terrorism-
related convictions, including the
number of convictions from each
classification and subcategory, with a
specific classification or subcategory
for those related to White supremacism,
and a detailed explanation of each
conviction; and
(IX) Federal domestic terrorism-
related weapons recoveries, including
the number of each type of weapon and
the number of weapons from each
classification and subcategory, with a
specific classification or subcategory
for those related to White supremacism;
and
(ii) an explanation of each individual case
that progressed through more than 1 of the
stages described under clause (i)--
(I) including the specific
classification or subcategory for each
case; and
(II) not including personally
identifiable information not otherwise
releasable to the public.
(3) Hate crimes.--In compiling a joint report under this
subsection, the domestic terrorism offices authorized under
paragraphs (1), (2), and (3) of subsection (a) shall, in
consultation with the Civil Rights Division of the Department
of Justice and the Civil Rights Unit of the Federal Bureau of
Investigation, review each Federal hate crime charge and
conviction during the preceding 6 months to determine whether
the incident also constitutes a domestic terrorism-related
incident.
(4) Classification and public release.--Each report
submitted under paragraph (1) shall be--
(A) unclassified, to the greatest extent possible,
with a classified annex only if necessary; and
(B) in the case of the unclassified portion of the
report, posted on the public websites of the Department
of Homeland Security, the Department of Justice, and
the Federal Bureau of Investigation.
(5) Nonduplication.--If two or more provisions of this
subsection or any other law impose requirements on an agency to
report or analyze information on domestic terrorism that are
substantially similar, the agency may produce one report that
complies with each such requirement as fully as possible.
(c) Domestic Terrorism Executive Committee.--There is authorized a
Domestic Terrorism Executive Committee, which shall meet on a regular
basis, and not less regularly than 4 times each year, to coordinate
with United States Attorneys and other key public safety officials
across the country to promote information sharing and ensure an
effective, responsive, and organized joint effort to combat domestic
terrorism.
(d) Focus on Greatest Threats.--The domestic terrorism offices
authorized under paragraphs (1), (2), and (3) of subsection (a) shall
focus their limited resources on the most significant domestic
terrorism threats, as determined by the number of domestic terrorism-
related incidents from each category and subclassification in the joint
report for the preceding 6 months required under subsection (b).
SEC. 4. TRAINING TO COMBAT DOMESTIC TERRORISM.
(a) Required Training and Resources.--The Secretary, the Attorney
General, and the Director shall review the anti-terrorism training and
resource programs of their respective agencies that are provided to
Federal, State, local, and Tribal law enforcement agencies, including
the State and Local Anti-Terrorism Program that is funded by the Bureau
of Justice Assistance of the Department of Justice, and ensure that
such programs include training and resources to assist State, local,
and Tribal law enforcement agencies in understanding, detecting,
deterring, and investigating acts of domestic terrorism and White
supremacist and neo-Nazi infiltration of law enforcement and
corrections agencies. The Attorney General shall make training
available to Department prosecutors and to Assistant United States
Attorneys on countering and prosecuting domestic terrorism. The
domestic-terrorism training shall focus on the most significant
domestic terrorism threats, as determined by the quantitative analysis
in the joint report required under section 3(b).
(b) Requirement.--Any individual who provides domestic terrorism
training required under this section shall have--
(1) expertise in domestic terrorism; and
(2) relevant academic, law enforcement, or other community-
based experience in matters related to domestic terrorism.
(c) Report.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act and twice each year thereafter, the
Secretary, the Attorney General, and the Director shall each
submit a biannual report to the committees of Congress
described in section 3(b)(1) on the domestic terrorism training
implemented by their respective agencies under this section,
which shall include copies of all training materials used and
the names and qualifications of the individuals who provide the
training.
(2) Classification and public release.--Each report
submitted under paragraph (1) shall--
(A) be unclassified, to the greatest extent
possible, with a classified annex only if necessary;
(B) in the case of the unclassified portion of each
report, be posted on the public website of the
Department of Homeland Security, the Department of
Justice, and the Federal Bureau of Investigation; and
(C) include the number of Federal incidents,
investigations, arrests, indictments, prosecutions, and
convictions with respect to a false report of domestic
terrorism or hate crime incident.
SEC. 5. INTERAGENCY TASK FORCE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Attorney General, the Director, the
Secretary, and the Secretary of Defense shall establish an interagency
task force to analyze and combat White supremacist and neo-Nazi
infiltration of the uniformed services and Federal law enforcement
agencies.
(b) Report.--
(1) In general.--Not later than 1 year after the
interagency task force is established under subsection (a), the
Attorney General, the Secretary, and the Secretary of Defense
shall submit a joint report on the findings of the task force
and the response of the Attorney General, the Secretary, and
the Secretary of Defense to such findings, to--
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(C) the Select Committee on Intelligence of the
Senate;
(D) the Committee on Armed Services of the Senate;
(E) the Committee on the Judiciary of the House of
Representatives;
(F) the Committee on Homeland Security of the House
of Representatives;
(G) the Permanent Select Committee on Intelligence
of the House of Representatives; and
(H) the Committee on Armed Services of the House of
Representatives.
(2) Classification and public release.--The report
submitted under paragraph (1) shall be--
(A) submitted in unclassified form, to the greatest
extent possible, with a classified annex only if
necessary; and
(B) in the case of the unclassified portion of the
report, posted on the public website of the Department
of Defense, the Department of Homeland Security, the
Department of Justice, and the Federal Bureau of
Investigation.
SEC. 6. FEDERAL SUPPORT FOR ADDRESSING HATE CRIME INCIDENTS WITH A
NEXUS TO DOMESTIC TERRORISM.
(a) Community Relations Service.--The Community Relations Service
of the Department of Justice, authorized under section 1001(a) of the
Civil Rights Act of 1964 (42 U.S.C. 2000g), may offer the support of
the Service to communities where the Department of Justice has brought
charges in a hate crime incident that has a nexus to domestic
terrorism.
(b) Federal Bureau of Investigation.--Section 249 of title 18,
United States Code, is amended by adding at the end the following:
``(f) Federal Bureau of Investigation.--The Attorney General,
acting through the Director of the Federal Bureau of Investigation,
shall assign a special agent or hate crimes liaison to each field
office of the Federal Bureau of Investigation to investigate hate
crimes incidents with a nexus to domestic terrorism (as such term is
defined in section 2 of the Domestic Terrorism Prevention Act of
2020).''.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Department of
Justice, the Federal Bureau of Investigation, the Department of
Homeland Security, and the Department of Defense such sums as may be
necessary to carry out this Act.
Union Calendar No. 214
117th CONGRESS
2d Session
H. R. 350
[Report No. 117-292, Part I]
_______________________________________________________________________
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 analyze and monitor domestic terrorist activity and
require the Federal Government to take steps to prevent domestic
terrorism.
_______________________________________________________________________
April 21, 2022
Reported from the Committee on the Judiciary with an amendment
April 21, 2022
Committees on Homeland Security and Armed Services discharged;
committed to the Committee of the Whole House on the State of the Union
and ordered to be printed