II 

117TH CONGRESS 

1ST SESSION S. 964 

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 SENATE OF THE UNITED STATES 

MARCH 24, 2021 

Mr. DURBIN introduced the following 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 analyze and monitor domestic terrorist activity and require 

the Federal Government to take steps to prevent domestic terrorism. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Domestic Terrorism 

5 Prevention Act of 2021’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act— 

3 (1) the term ‘‘Director’’ means the Director of 

4 the Federal Bureau of Investigation; 

5 (2) the term ‘‘domestic terrorism’’ has the 

6 meaning given the term in section 2331 of title 18, 

7 United States Code, except that it does not include 

8 acts perpetrated by individuals associated with or in9 spired by— 

10 (A) a foreign person or organization des11 ignated as a foreign terrorist organization 

12 under section 219 of the Immigration and Na13 tionality Act (8 U.S.C. 1189); 

14 (B) an individual or organization des15 ignated under Executive Order 13224 (50 

16 U.S.C. 1701 note); or 

17 (C) a state sponsor of terrorism as deter18 mined by the Secretary of State under section 

19 6(j) of the Export Administration Act of 1979 

20 (50 U.S.C. 4605), section 40 of the Arms Ex21 port Control Act (22 U.S.C. 2780), or section 

22 620A of the Foreign Assistance Act of 1961 

23 (22 U.S.C. 2371); 

24 (3) the term ‘‘Domestic Terrorism Executive 

25 Committee’’ means the committee within the De26 partment of Justice tasked with assessing and sharVerDate Sep 11 2014 22:02 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S964.IS S964

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1 ing information about ongoing domestic terrorism 

2 threats; 

3 (4) the term ‘‘hate crime incident’’ means an 

4 act described in section 241, 245, 247, or 249 of 

5 title 18, United States Code, or in section 901 of the 

6 Civil Rights Act of 1968 (42 U.S.C. 3631); 

7 (5) the term ‘‘Secretary’’ means the Secretary 

8 of Homeland Security; and 

9 (6) the term ‘‘uniformed services’’ has the 

10 meaning given the term in section 101(a) of title 10, 

11 United States Code. 

12 SEC. 3. OFFICES TO COMBAT DOMESTIC TERRORISM. 

13 (a) AUTHORIZATION OF OFFICES TO MONITOR, ANA14 LYZE, INVESTIGATE, AND PROSECUTE DOMESTIC TER15 RORISM.— 

16 (1) DOMESTIC TERRORISM UNIT.—There is au17 thorized a Domestic Terrorism Unit in the Office of 

18 Intelligence and Analysis of the Department of 

19 Homeland Security, which shall be responsible for 

20 monitoring and analyzing domestic terrorism activ21 ity. 

22 (2) DOMESTIC TERRORISM OFFICE.—There is 

23 authorized a Domestic Terrorism Office in the 

24 Counterterrorism Section of the National Security 

25 Division of the Department of Justice— 


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1 (A) which shall be responsible for inves2 tigating and prosecuting incidents of domestic 

3 terrorism; and 

4 (B) which shall be headed by the Domestic 

5 Terrorism Counsel. 

6 (3) DOMESTIC TERRORISM SECTION OF THE

7 FBI.—There is authorized a Domestic Terrorism 

8 Section within the Counterterrorism Division of the 

9 Federal Bureau of Investigation, which shall be re10 sponsible for investigating domestic terrorism activ11 ity. 

12 (4) STAFFING.—The Secretary, the Attorney 

13 General, and the Director shall each ensure that 

14 each office authorized under this section in their re15 spective agencies shall— 

16 (A) have adequate number of employees to 

17 perform the required duties; 

18 (B) have not less than one employee dedi19 cated to ensuring compliance with civil rights 

20 and civil liberties laws and regulations; and 

21 (C) require that all employees undergo an22 nual anti-bias training. 

23 (5) SUNSET.—The offices authorized under this 

24 subsection shall terminate on the date that is 10 

25 years after the date of enactment of this Act. 


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1 (b) JOINT REPORT ON DOMESTIC TERRORISM.— 

2 (1) BIANNUAL REPORT REQUIRED.—Not later 

3 than 180 days after the date of enactment of this 

4 Act, and each 6 months thereafter for the 10-year 

5 period beginning on the date of enactment of this 

6 Act, the Secretary of Homeland Security, the Attor7 ney General, and the Director of the Federal Bureau 

8 of Investigation shall submit a joint report authored 

9 by the domestic terrorism offices authorized under 

10 paragraphs (1), (2), and (3) of subsection (a) to— 

11 (A) the Committee on the Judiciary, the 

12 Committee on Homeland Security and Govern13 mental Affairs, and the Select Committee on 

14 Intelligence of the Senate; and 

15 (B) the Committee on the Judiciary, the 

16 Committee on Homeland Security, and the Per17 manent Select Committee on Intelligence of the 

18 House of Representatives. 

19 (2) CONTENTS.—Each report submitted under 

20 paragraph (1) shall include— 

21 (A) an assessment of the domestic ter22 rorism threat posed by White supremacists and 

23 neo-Nazis, including White supremacist and 

24 neo-Nazi infiltration of Federal, State, and 


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1 local law enforcement agencies and the uni2 formed services; and 

3 (B)(i) in the first report, an analysis of in4 cidents or attempted incidents of domestic ter5 rorism that have occurred in the United States 

6 since April 19, 1995, including any White-su7 premacist-related incidents or attempted inci8 dents; and 

9 (ii) in each subsequent report, an analysis 

10 of incidents or attempted incidents of domestic 

11 terrorism that occurred in the United States 

12 during the preceding 6 months, including any 

13 White-supremacist-related incidents or at14 tempted incidents; and 

15 (C) a quantitative analysis of domestic ter16 rorism for the preceding 6 months, including— 

17 (i) the number of— 

18 (I) domestic terrorism related as19 sessments initiated by the Federal 

20 Bureau of Investigation, including the 

21 number of assessments from each 

22 classification and subcategory, with a 

23 specific classification or subcategory 

24 for those related to White 

25 supremacism; 


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1 (II) domestic terrorism-related 

2 preliminary investigations initiated by 

3 the Federal Bureau of Investigation, 

4 including the number of preliminary 

5 investigations from each classification 

6 and subcategory, with a specific clas7 sification or subcategory for those re8 lated to White supremacism, and how 

9 many preliminary investigations re10 sulted from assessments; 

11 (III) domestic terrorism-related 

12 full investigations initiated by the 

13 Federal Bureau of Investigation, in14 cluding the number of full investiga15 tions from each classification and sub16 category, with a specific classification 

17 or subcategory for those related to 

18 White supremacism, and how many 

19 full investigations resulted from pre20 liminary investigations and assess21 ments; 

22 (IV) domestic terrorism-related 

23 incidents, including the number of in24 cidents from each classification and 

25 subcategory, with a specific classificaVerDate Sep 11 2014 22:02 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S964.IS S964

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1 tion or subcategory for those related 

2 to White supremacism, the number of 

3 deaths and injuries resulting from 

4 each incident, and a detailed expla5 nation of each incident; 

6 (V) Federal domestic terrorism7 related arrests, including the number 

8 of arrests from each classification and 

9 subcategory, with a specific classifica10 tion or subcategory for those related 

11 to White supremacism, and a detailed 

12 explanation of each arrest; 

13 (VI) Federal domestic terrorism14 related indictments, including the 

15 number of indictments from each clas16 sification and subcategory, with a spe17 cific classification or subcategory for 

18 those related to White supremacism, 

19 and a detailed explanation of each in20 dictment; 

21 (VII) Federal domestic terrorism22 related prosecutions, including the 

23 number of incidents from each classi24 fication and subcategory, with a spe25 cific classification or subcategory for 


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1 those related to White supremacism, 

2 and a detailed explanation of each 

3 prosecution; 

4 (VIII) Federal domestic ter5 rorism-related convictions, including 

6 the number of convictions from each 

7 classification and subcategory, with a 

8 specific classification or subcategory 

9 for those related to White 

10 supremacism, and a detailed expla11 nation of each conviction; and 

12 (IX) Federal domestic terrorism13 related weapons recoveries, including 

14 the number of each type of weapon 

15 and the number of weapons from each 

16 classification and subcategory, with a 

17 specific classification or subcategory 

18 for those related to White 

19 supremacism; and 

20 (ii) an explanation of each individual 

21 case that progressed through more than 1 

22 of the stages described under clause (i)— 

23 (I) including the specific classi24 fication or subcategory for each case; 

25 and 


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1 (II) not including personally 

2 identifiable information not otherwise 

3 releasable to the public. 

4 (3) HATE CRIMES.—In compiling a joint report 

5 under this subsection, the domestic terrorism offices 

6 authorized under paragraphs (1), (2), and (3) of 

7 subsection (a) shall, in consultation with the Civil 

8 Rights Division of the Department of Justice and 

9 the Civil Rights Unit of the Federal Bureau of In10 vestigation, review each hate crime incident reported 

11 during the preceding 6 months to determine whether 

12 the incident also constitutes a domestic terrorism-re13 lated incident. 

14 (4) CLASSIFICATION AND PUBLIC RELEASE.— 

15 Each report submitted under paragraph (1) shall 

16 be— 

17 (A) unclassified, to the greatest extent pos18 sible, with a classified annex only if necessary; 

19 and 

20 (B) in the case of the unclassified portion 

21 of the report, posted on the public websites of 

22 the Department of Homeland Security, the De23 partment of Justice, and the Federal Bureau of 

24 Investigation. 


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1 (5) NONDUPLICATION.—If two or more provi2 sions of this subsection or any other law impose re3 quirements on an agency to report or analyze infor4 mation on domestic terrorism that are substantially 

5 similar, the agency shall construe such provisions as 

6 mutually supplemental, so as to provide for the most 

7 extensive reporting or analysis, and shall comply 

8 with each such requirement as fully as possible. 

9 (c) DOMESTIC TERRORISM EXECUTIVE COM10 MITTEE.—There is authorized a Domestic Terrorism Ex11 ecutive Committee, which shall— 

12 (1) meet on a regular basis, and not less regu13 larly than 4 times each year, to coordinate with 

14 United States Attorneys and other key public safety 

15 officials across the country to promote information 

16 sharing and ensure an effective, responsive, and or17 ganized joint effort to combat domestic terrorism; 

18 and 

19 (2) be co-chaired by— 

20 (A) the Domestic Terrorism Counsel au21 thorized under subsection (a)(2)(B); 

22 (B) a United States Attorney or Assistant 

23 United States Attorney; 

24 (C) a member of the National Security Di25 vision of the Department of Justice; and 


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1 (D) a member of the Federal Bureau of 

2 Investigation. 

3 (d) FOCUS ON GREATEST THREATS.—The domestic 

4 terrorism offices authorized under paragraphs (1), (2), 

5 and (3) of subsection (a) shall focus their limited resources 

6 on the most significant domestic terrorism threats, as de7 termined by the number of domestic terrorism-related inci8 dents from each category and subclassification in the joint 

9 report for the preceding 6 months required under sub10 section (b). 

11 SEC. 4. TRAINING TO COMBAT DOMESTIC TERRORISM. 

12 (a) REQUIRED TRAINING AND RESOURCES.—The 

13 Secretary, the Attorney General, and the Director shall 

14 review the anti-terrorism training and resource programs 

15 of their respective agencies that are provided to Federal, 

16 State, local, and Tribal law enforcement agencies, includ17 ing the State and Local Anti-Terrorism Program that is 

18 funded by the Bureau of Justice Assistance of the Depart19 ment of Justice, and ensure that such programs include 

20 training and resources to assist State, local, and Tribal 

21 law enforcement agencies in understanding, detecting, de22 terring, and investigating acts of domestic terrorism and 

23 White supremacist and neo-Nazi infiltration of law en24 forcement and corrections agencies. The domestic-ter25 rorism training shall focus on the most significant domesVerDate Sep 11 2014 22:02 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S964.IS S964

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1 tic terrorism threats, as determined by the quantitative 

2 analysis in the joint report required under section 3(b). 

3 (b) REQUIREMENT.—Any individual who provides do4 mestic terrorism training required under this section shall 

5 have— 

6 (1) expertise in domestic terrorism; and 

7 (2) relevant academic, law enforcement, or 

8 other community-based experience in matters related 

9 to domestic terrorism. 

10 (c) REPORT.— 

11 (1) IN GENERAL.—Not later than 6 months 

12 after the date of enactment of this Act and twice 

13 each year thereafter, the Secretary, the Attorney 

14 General, and the Director shall each submit a bian15 nual report to the committees of Congress described 

16 in section 3(b)(1) on the domestic terrorism training 

17 implemented by their respective agencies under this 

18 section, which shall include copies of all training ma19 terials used and the names and qualifications of the 

20 individuals who provide the training. 

21 (2) CLASSIFICATION AND PUBLIC RELEASE.— 

22 Each report submitted under paragraph (1) shall 

23 be— 


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1 (A) unclassified, to the greatest extent pos2 sible, with a classified annex only if necessary; 

3 and 

4 (B) in the case of the unclassified portion 

5 of each report, posted on the public website of 

6 the Department of Homeland Security, the De7 partment of Justice, and the Federal Bureau of 

8 Investigation. 

9 SEC. 5. INTERAGENCY TASK FORCE. 

10 (a) IN GENERAL.—Not later than 180 days after the 

11 date of enactment of this Act, the Attorney General, the 

12 Director, the Secretary, and the Secretary of Defense shall 

13 establish an interagency task force to analyze and combat 

14 White supremacist and neo-Nazi infiltration of the uni15 formed services and Federal law enforcement agencies. 

16 (b) REPORT.— 

17 (1) IN GENERAL.—Not later than 1 year after 

18 the interagency task force is established under sub19 section (a), the Attorney General, the Director, the 

20 Secretary, and the Secretary of Defense shall submit 

21 a joint report on the findings of the task force and 

22 the response of the Attorney General, the Director, 

23 the Secretary, and the Secretary of Defense to such 

24 findings, to— 


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1 (A) the Committee on the Judiciary of the 

2 Senate; 

3 (B) the Committee on Homeland Security 

4 and Governmental Affairs of the Senate; 

5 (C) the Select Committee on Intelligence of 

6 the Senate; 

7 (D) the Committee on Armed Services of 

8 the Senate; 

9 (E) the Committee on the Judiciary of the 

10 House of Representatives; 

11 (F) the Committee on Homeland Security 

12 of the House of Representatives; 

13 (G) the Permanent Select Committee on 

14 Intelligence of the House of Representatives; 

15 and 

16 (H) the Committee on Armed Services of 

17 the House of Representatives. 

18 (2) CLASSIFICATION AND PUBLIC RELEASE.— 

19 The report submitted under paragraph (1) shall 

20 be— 

21 (A) submitted in unclassified form, to the 

22 greatest extent possible, with a classified annex 

23 only if necessary; and 

24 (B) in the case of the unclassified portion 

25 of the report, posted on the public website of 


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1 the Department of Defense, the Department of 

2 Homeland Security, the Department of Justice, 

3 and the Federal Bureau of Investigation. 

4 SEC. 6. DEPARTMENT OF JUSTICE SUPPORT FOR HATE 

5 CRIME INCIDENTS WITH A NEXUS TO DOMES6 TIC TERRORISM. 

7 (a) COMMUNITY RELATIONS SERVICE.—The Com8 munity Relations Service of the Department of Justice, 

9 authorized under section 1001(a) of the Civil Rights Act 

10 of 1964 (42 U.S.C. 2000g), may offer the support of the 

11 Service to communities where the Department of Justice 

12 has brought charges in a hate crime incident that has a 

13 nexus to domestic terrorism. 

14 (b) FEDERAL BUREAU OF INVESTIGATION.—Section 

15 249 of title 18, United States Code, is amended by adding 

16 at the end the following: 

17 ‘‘(e) FEDERAL BUREAU OF INVESTIGATION.—The 

18 Attorney General, acting through the Director of the Fed19 eral Bureau of Investigation, shall assign a special agent 

20 or hate crimes liaison to each field office of the Federal 

21 Bureau of Investigation to investigate hate crimes inci22 dents with a nexus to domestic terrorism (as such term 

23 is defined in section 2 of the Domestic Terrorism Preven24 tion Act of 2021).’’. 


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1 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated to the De3 partment of Justice, the Federal Bureau of Investigation, 

4 the Department of Homeland Security, and the Depart5 ment of Defense such sums as may be necessary to carry 

6 out this Act. 

Æ 


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