Bill Summary
The "Domestic Terrorism and Hate Crimes Prevention Act of 2021" authorizes the establishment of dedicated domestic terrorism offices within various government agencies and a task force to combat domestic terrorism. These offices will be responsible for monitoring, analyzing, and preventing domestic terrorism activity, as well as submitting biannual reports to Congress on domestic terrorism threats. The legislation also requires training and resources for combating domestic terrorism and creates an interagency task force to address white supremacist and neo-Nazi infiltration of law enforcement and the military. Section 8 of the legislation authorizes the appropriation of necessary funds for the implementation of the Act.
Possible Impacts
1. The creation of dedicated domestic terrorism offices and a task force will result in increased monitoring, analysis, and prevention of domestic terrorism activity. This will help protect individuals and communities from potential violence and harm.
2. The biannual reports submitted to Congress on domestic terrorism threats, including those posed by white supremacists and neo-Nazis, will provide important information for policymakers and law enforcement agencies to effectively combat domestic terrorism.
3. The establishment of a Domestic Terrorism Executive Committee and interagency task force will help coordinate efforts to address white supremacist and neo-Nazi infiltration of law enforcement and the military, potentially preventing discriminatory practices and promoting diversity in these institutions.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 963 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 30
117th CONGRESS
1st Session
S. 963
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, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 24, 2021
Mr. Durbin (for himself, Ms. Hirono, and Ms. Duckworth) introduced the
following bill; which was read the first time
March 25, 2021
Read the second time and placed on the calendar
_______________________________________________________________________
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, and for other purposes.
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 and Hate Crimes
Prevention Act of 2021''.
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; and
(B) which shall be headed by the Domestic Terrorism
Counsel.
(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 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 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; 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 hate crime incident reported 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 shall construe such
provisions as mutually supplemental, so as to provide for the
most extensive reporting or analysis, and shall comply with
each such requirement as fully as possible.
(c) Domestic Terrorism Executive Committee.--There is authorized a
Domestic Terrorism Executive Committee, which shall--
(1) 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; and
(2) be co-chaired by--
(A) the Domestic Terrorism Counsel authorized under
subsection (a)(2)(B);
(B) a United States Attorney or Assistant United
States Attorney;
(C) a member of the National Security Division of
the Department of Justice; and
(D) a member of the Federal Bureau of
Investigation.
(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 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 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 each
report, posted on the public website of the Department
of Homeland Security, the Department of Justice, and
the Federal Bureau of Investigation.
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 Director, 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 Director, 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. DEPARTMENT OF JUSTICE SUPPORT FOR 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:
``(e) 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 and Hate Crimes
Prevention Act of 2021).''.
SEC. 7. REVIEW OF COVID-19 HATE CRIMES.
(a) In General.--Not later than 14 days after the date of enactment
of this Act, the Attorney General shall designate an officer or
employee of the Department of Justice whose sole responsibility during
the applicable period shall be to facilitate the expedited review of
COVID-19 hate crimes and reports of any such crime to Federal, State,
or local law enforcement agencies.
(b) Definitions.--In this section:
(1) Applicable period.--The term ``applicable period''
means the period beginning on the date on which the officer or
employee is designated under subsection (a), and ending on the
date that is 1 year after the date on which the emergency
period described in subparagraph (B) of section 1135(g)(1) of
the Social Security Act (42 U.S.C. 1320b-5(g)(1)) ends, except
that the Attorney General may extend such period as
appropriate.
(2) COVID-19 hate crime.--The term ``COVID-19 hate crime''
means a crime of violence (as such term is defined in section
16 of 18, United States Code) that is motivated by--
(A) the actual or perceived race, ethnicity, age,
color, religion, national origin, sexual orientation,
gender, gender identity, or disability of any person;
and
(B) the actual or perceived relationship to the
spread of COVID-19 of any person because of the
characteristic described in subparagraph (A).
(c) Guidance.--
(1) Guidance for law enforcement agencies.--The Attorney
General shall issue guidance for State and local law
enforcement agencies on how to--
(A) establish online reporting of hate crimes or
incidents, and to have online reporting available in
multiple languages as determined by the Attorney
General; and
(B) expand culturally competent and linguistically
appropriate public education campaigns, and collection
of data and public reporting of hate crimes.
(2) Guidance relating to covid-19 pandemic.--The Attorney
General and the Secretary of Health and Human Services, in
coordination with the COVID-19 Health Equity Task Force and
community-based organizations, shall issue guidance describing
best practices to mitigate racially discriminatory language in
describing the COVID-19 pandemic.
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.
Calendar No. 30
117th CONGRESS
1st Session
S. 963
_______________________________________________________________________
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, and for other purposes.
_______________________________________________________________________
March 25, 2021
Read the second time and placed on the calendar