[Congressional Record Volume 168, Number 85 (Wednesday, May 18, 2022)]
[Senate]
[Pages S2588-S2590]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Ms. Baldwin, Mr. Brown, Ms. Cantwell, 
        Mr. Carper, Ms. Duckworth, Ms. Klobuchar, Mr. Schatz, Mr. 
        Warnock, Mr. Murphy, Mr. Blumenthal, Mrs. Feinstein, and Mr. 
        Whitehouse):
  S. 4255. 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; to the Committee on the Judiciary.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 4255

       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;
       (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

[[Page S2589]]

       (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 April 19, 1995, 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;
       (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; and

       (D) certification that each of the assessments and 
     investigations described under subparagraph (C) are in 
     compliance with all applicable civil rights and civil 
     liberties laws and regulations.
       (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

[[Page S2590]]

     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 
     2022).''.

     SEC. 7. RULE OF CONSTRUCTION.

       Nothing in this Act, or any amendment made by this Act, may 
     be construed to authorize the infringement or violation of 
     any right protected under the First Amendment to the 
     Constitution of the United States or an applicable provision 
     of Federal law.

     SEC. 8. 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.
                                 ______