[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4038 Introduced in House (IH)]

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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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. INTELLIGENCE ASSESSMENT AND REPORTS ON VIOLENT TRANSNATIONAL 
              WHITE SUPREMACIST EXTREMISM.

    (a) Intelligence Assessment.--
            (1) Requirement.--Not later than 120 days after the date of 
        the enactment of this Act, the Director of National 
        Intelligence, acting through the Director of the National 
        Counterterrorism Center, in coordination with the Director of 
        the Federal Bureau of Investigation and the Under Secretary of 
        Homeland Security for Intelligence and Analysis, and in 
        consultation with other relevant Federal departments and 
        agencies, shall submit to the appropriate congressional 
        committees an intelligence assessment on threats to the United 
        States associated with foreign violent White supremacist 
        extremist organizations.
            (2) Elements.--The assessment under paragraph (1) shall 
        include the following:
                    (A) A list of foreign violent White supremacist 
                extremist organizations.
                    (B) With respect to each such organization--
                            (i) an overview of the membership, 
                        ideology, and activities;
                            (ii) a description of any transnational 
                        links to the United States or United States 
                        persons;
                            (iii) a description of the leadership, 
                        plans, intentions, and capabilities;
                            (iv) whether (and if so, to what extent) 
                        foreign governments or their proxies provide 
                        any manner of support to such organizations, 
                        including a list of each such foreign 
                        government or proxy;
                            (v) a description of the composition and 
                        characteristics of the members and support 
                        networks, including whether (and if so, to what 
                        extent) the members are also a part of a 
                        military, security service, or police;
                            (vi) a description of financing and other 
                        forms of material support;
                            (vii) an assessment of trends and patterns 
                        relative to communications, travel, and 
                        training (including whether and to what extent 
                        the organization is engaged in or facilitating 
                        military or paramilitary training);
                            (viii) an assessment of the radicalization 
                        and recruitment, including an analysis of the 
                        extremist messaging motivating members and 
                        supporters; and
                            (ix) whether (and if so, to what extent) 
                        foreign governments have sufficient laws and 
                        policies to counter threats to the United 
                        States associated with the organization, 
                        including best practices and gaps.
                    (C) An assessment of the status and extent of 
                information sharing, intelligence partnerships, foreign 
                police cooperation, and mutual legal assistance between 
                the United States and foreign governments relative to 
                countering threats to the United States associated with 
                foreign violent White supremacist extremist 
                organizations.
                    (D) An assessment of intelligence gaps and 
                recommendations on how to remedy such gaps.
                    (E) An opportunity analysis regarding countering 
                such threats, including, at a minimum, with respect to 
                mitigating and disrupting the transnational nexus.
            (3) Standards.--The intelligence assessment under paragraph 
        (1) shall be conducted in a manner that meets the analytic 
        integrity and tradecraft standards of the intelligence 
        community.
            (4) Form and public release.--The intelligence assessment 
        under paragraph (1) shall be submitted in unclassified form, 
        but may include a classified annex in electronic form that is 
        fully indexed and searchable. In carrying out this paragraph, 
        the officials specified in paragraph (1) shall--
                    (A) ensure that the assessment is unclassified to 
                the extent possible;
                    (B) make the unclassified assessment publicly 
                available on the internet websites of the officials--
                            (i) by not later than 30 days after 
                        submission to the appropriate congressional 
                        committees; and
                            (ii) in an electronic format that is fully 
                        indexed and searchable; and
                    (C) ensure that the assessment is drafted in a way 
                to maximize the ability to share the assessment, 
                including the classified annex, with the entities under 
                paragraph (5).
            (5) Sharing.--Consistent with the protection of classified 
        information, the Director of National Intelligence, acting 
        through the Director of the National Counterterrorism Center, 
        in coordination with the Director of the Federal Bureau of 
        Investigation and the Under Secretary of Homeland Security for 
        Intelligence and Analysis, shall share the intelligence 
        assessment under paragraph (1) with--
                    (A) appropriate Federal departments and agencies;
                    (B) Joint Terrorism Task Forces and the Domestic 
                Terrorism-Hate Crimes Fusion Cell of the Federal Bureau 
                of Investigation;
                    (C) State, local, and Tribal law enforcement 
                officials, including officials who operate within 
                State, local, and regional fusion centers through the 
                Department of Homeland Security State, Local, and 
                Regional Fusion Center Initiative established in 
                accordance with section 210A of the Homeland Security 
                Act of 2002 (6 U.S.C. 124h); and
                    (D) appropriate foreign governments, including 
                foreign intelligence services and foreign police, and 
                international institutions, that partner with the 
                United States on countering threats associated with 
                foreign violent White supremacist extremist 
                organizations.
    (b) Report.--
            (1) Requirement.--Not later than 150 days after the date of 
        the enactment of this Act, the Director of National 
        Intelligence (acting through the Director of the National 
        Counterterrorism Center), in coordination with the Secretary of 
        State, the Secretary of the Treasury, the Attorney General, the 
        Secretary of Homeland Security, and in a manner consistent with 
        the authorities and responsibilities of such Secretary or 
        Director, shall submit to the appropriate congressional 
        committees a report on the use of Federal laws, regulations, 
        and policies by the Federal Government to counter threats to 
        the United States and United States persons associated with 
        foreign violent White supremacist extremist organizations.
            (2) Elements.--The report under paragraph shall include the 
        following:
                    (A) An identification, description, and assessment 
                of the use and efficacy of, Federal laws, regulations, 
                and policies used by the Federal Government to address 
                threats to the United States and United States persons 
                associated with foreign violent White supremacist 
                extremist organizations, including pursuant to--
                            (i) section 1016 of the Intelligence Reform 
                        and Terrorism Prevention Act of 2004 (6 U.S.C. 
                        485) and section 119 of the National Security 
                        Act of 1949 (50 U.S.C. 3056), particularly with 
                        respect to the coordination and integration of 
                        all instruments of national power;
                            (ii) Executive Order 12333 (50 U.S.C. 3001 
                        note), as amended;
                            (iii) the designation of foreign terrorist 
                        organizations under section 219 of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1189);
                            (iv) the designation of specially 
                        designated terrorists, specially designated 
                        global terrorists, or specially designated 
                        nationals and blocked persons, pursuant to 
                        Executive Orders 13886, 13372, and 13224 and 
                        parts 594, 595, 596, and 597 of title 31, Code 
                        of Federal Regulations;
                            (v) National Security Presidential 
                        Memorandums 7 and 9, particularly with respect 
                        to the sharing of terrorism information and 
                        screening and vetting activities; and
                            (vi) any other applicable Federal laws, 
                        regulations, or policies.
                    (B) An assessment of whether (and if so, to what 
                extent and why) such Federal laws, regulations, and 
                policies are sufficient to counter such threats, 
                including a description of any gaps and specific 
                examples to illustrate such gaps.
                    (C) Recommendations regarding how to remedy the 
                gaps under subparagraph (B).
            (3) Privacy and civil liberties assessment.--Not later than 
        180 days after the date of the enactment of this Act, the 
        Privacy and Civil Liberties Oversight Board, in consultation 
        with the civil liberties and privacy officers of the Federal 
        departments and agencies the Board determines appropriate, 
        shall submit to the appropriate congressional committees a 
        report containing--
                    (A) an assessment of the impacts on the privacy and 
                civil liberties of United States persons concerning the 
                use or recommended use of any Federal laws, 
                regulations, and policies specified in paragraph (2); 
                and
                    (B) recommendations on options to develop 
                protections to mitigate such impacts.
            (4) Form and public release.--The reports under paragraphs 
        (1) and (2) shall be submitted in unclassified form, but may 
        include a classified annex in electronic form that is fully 
        indexed and searchable. In carrying out this paragraph, the 
        officials responsible for submitting such reports shall--
                    (A) ensure that the reports are unclassified to the 
                extent possible; and
                    (B) make the unclassified reports publicly 
                available on the internet websites of the officials--
                            (i) by not later than 30 days after 
                        submission to the appropriate congressional 
                        committees; and
                            (ii) in an electronic format that is fully 
                        indexed and searchable.
    (c) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Permanent Select Committee on Intelligence, 
                the Committee on Homeland Security, the Committee on 
                Foreign Affairs, and the Committee on the Judiciary of 
                the House of Representatives; and
                    (B) the Select Committee on Intelligence, the 
                Committee on Homeland Security and Governmental 
                Affairs, the Committee on Foreign Affairs, and the 
                Committee on the Judiciary of the Senate.
            (2) Foreign violent white supremacist extremist 
        organization.--The term ``foreign violent White supremacist 
        extremist organization'' means an organization, such as a neo-
        Nazi or racist skinhead group or militia, with a substantial 
        component based outside the United States, that is engaged in 
        the planning or execution of racially or ethnically motivated 
        acts of terrorism or other targeted violence motivated by White 
        supremacist extremism, particularly against immigrants or 
        individuals perceived to be immigrants, African Americans or 
        other people of African descent, Jews, Muslims, or other people 
        perceived to be ethnic minorities or otherwise not perceived to 
        be White.
            (3) Terrorism information.--The term ``terrorism 
        information'' has the meaning given that term in section 
        1016(a) of the Intelligence Reform and Terrorism Prevention Act 
        of 2004 (6 U.S.C. 485(a)).
            (4) United states person.--The term ``United States 
        person'' has the meaning given that term in section 105A(c) of 
        the National Security Act of 1947 (50 U.S.C. 3039).
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