II 

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. 

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


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1 SECTION 1. SHORT TITLE. 

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

3 and Hate Crimes Prevention Act of 2021’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act— 

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

7 the Federal Bureau of Investigation; 

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

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

10 United States Code, except that it does not include 

11 acts perpetrated by individuals associated with or in12 spired by— 

13 (A) a foreign person or organization des14 ignated as a foreign terrorist organization 

15 under section 219 of the Immigration and Na16 tionality Act (8 U.S.C. 1189); 

17 (B) an individual or organization des18 ignated under Executive Order 13224 (50 

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

20 (C) a state sponsor of terrorism as deter21 mined by the Secretary of State under section 

22 6(j) of the Export Administration Act of 1979 

23 (50 U.S.C. 4605), section 40 of the Arms Ex24 port Control Act (22 U.S.C. 2780), or section 

25 620A of the Foreign Assistance Act of 1961 

26 (22 U.S.C. 2371); 


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1 (3) the term ‘‘Domestic Terrorism Executive 

2 Committee’’ means the committee within the De3 partment of Justice tasked with assessing and shar4 ing information about ongoing domestic terrorism 

5 threats; 

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

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

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

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

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

11 of Homeland Security; and 

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

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

14 United States Code. 

15 SEC. 3. OFFICES TO COMBAT DOMESTIC TERRORISM. 

16 (a) AUTHORIZATION OF OFFICES TO MONITOR, ANA17 LYZE, INVESTIGATE, AND PROSECUTE DOMESTIC TER18 RORISM.— 

19 (1) DOMESTIC TERRORISM UNIT.—There is au20 thorized a Domestic Terrorism Unit in the Office of 

21 Intelligence and Analysis of the Department of 

22 Homeland Security, which shall be responsible for 

23 monitoring and analyzing domestic terrorism activ24 ity. 


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1 (2) DOMESTIC TERRORISM OFFICE.—There is 

2 authorized a Domestic Terrorism Office in the 

3 Counterterrorism Section of the National Security 

4 Division of the Department of Justice— 

5 (A) which shall be responsible for inves6 tigating and prosecuting incidents of domestic 

7 terrorism; and 

8 (B) which shall be headed by the Domestic 

9 Terrorism Counsel. 

10 (3) DOMESTIC TERRORISM SECTION OF THE

11 FBI.—There is authorized a Domestic Terrorism 

12 Section within the Counterterrorism Division of the 

13 Federal Bureau of Investigation, which shall be re14 sponsible for investigating domestic terrorism activ15 ity. 

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

17 General, and the Director shall each ensure that 

18 each office authorized under this section in their re19 spective agencies shall— 

20 (A) have adequate number of employees to 

21 perform the required duties; 

22 (B) have not less than one employee dedi23 cated to ensuring compliance with civil rights 

24 and civil liberties laws and regulations; and 


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1 (C) require that all employees undergo an2 nual anti-bias training. 

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

4 subsection shall terminate on the date that is 10 

5 years after the date of enactment of this Act. 

6 (b) JOINT REPORT ON DOMESTIC TERRORISM.— 

7 (1) BIANNUAL REPORT REQUIRED.—Not later 

8 than 180 days after the date of enactment of this 

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

10 period beginning on the date of enactment of this 

11 Act, the Secretary of Homeland Security, the Attor12 ney General, and the Director of the Federal Bureau 

13 of Investigation shall submit a joint report authored 

14 by the domestic terrorism offices authorized under 

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

16 (A) the Committee on the Judiciary, the 

17 Committee on Homeland Security and Govern18 mental Affairs, and the Select Committee on 

19 Intelligence of the Senate; and 

20 (B) the Committee on the Judiciary, the 

21 Committee on Homeland Security, and the Per22 manent Select Committee on Intelligence of the 

23 House of Representatives. 

24 (2) CONTENTS.—Each report submitted under 

25 paragraph (1) shall include— 


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1 (A) an assessment of the domestic ter2 rorism threat posed by White supremacists and 

3 neo-Nazis, including White supremacist and 

4 neo-Nazi infiltration of Federal, State, and 

5 local law enforcement agencies and the uni6 formed services; and 

7 (B)(i) in the first report, an analysis of in8 cidents or attempted incidents of domestic ter9 rorism that have occurred in the United States 

10 since April 19, 1995, including any White-su11 premacist-related incidents or attempted inci12 dents; and 

13 (ii) in each subsequent report, an analysis 

14 of incidents or attempted incidents of domestic 

15 terrorism that occurred in the United States 

16 during the preceding 6 months, including any 

17 White-supremacist-related incidents or at18 tempted incidents; and 

19 (C) a quantitative analysis of domestic ter20 rorism for the preceding 6 months, including— 

21 (i) the number of— 

22 (I) domestic terrorism related as23 sessments initiated by the Federal 

24 Bureau of Investigation, including the 

25 number of assessments from each 


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1 classification and subcategory, with a 

2 specific classification or subcategory 

3 for those related to White 

4 supremacism; 

5 (II) domestic terrorism-related 

6 preliminary investigations initiated by 

7 the Federal Bureau of Investigation, 

8 including the number of preliminary 

9 investigations from each classification 

10 and subcategory, with a specific clas11 sification or subcategory for those re12 lated to White supremacism, and how 

13 many preliminary investigations re14 sulted from assessments; 

15 (III) domestic terrorism-related 

16 full investigations initiated by the 

17 Federal Bureau of Investigation, in18 cluding the number of full investiga19 tions from each classification and sub20 category, with a specific classification 

21 or subcategory for those related to 

22 White supremacism, and how many 

23 full investigations resulted from pre24 liminary investigations and assess25 ments; 


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1 (IV) domestic terrorism-related 

2 incidents, including the number of in3 cidents from each classification and 

4 subcategory, with a specific classifica5 tion or subcategory for those related 

6 to White supremacism, the number of 

7 deaths and injuries resulting from 

8 each incident, and a detailed expla9 nation of each incident; 

10 (V) Federal domestic terrorism11 related arrests, including the number 

12 of arrests from each classification and 

13 subcategory, with a specific classifica14 tion or subcategory for those related 

15 to White supremacism, and a detailed 

16 explanation of each arrest; 

17 (VI) Federal domestic terrorism18 related indictments, including the 

19 number of indictments from each clas20 sification and subcategory, with a spe21 cific classification or subcategory for 

22 those related to White supremacism, 

23 and a detailed explanation of each in24 dictment; 


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1 (VII) Federal domestic terrorism2 related prosecutions, including the 

3 number of incidents from each classi4 fication and subcategory, with a spe5 cific classification or subcategory for 

6 those related to White supremacism, 

7 and a detailed explanation of each 

8 prosecution; 

9 (VIII) Federal domestic ter10 rorism-related convictions, including 

11 the number of convictions from each 

12 classification and subcategory, with a 

13 specific classification or subcategory 

14 for those related to White 

15 supremacism, and a detailed expla16 nation of each conviction; and 

17 (IX) Federal domestic terrorism18 related weapons recoveries, including 

19 the number of each type of weapon 

20 and the number of weapons from each 

21 classification and subcategory, with a 

22 specific classification or subcategory 

23 for those related to White 

24 supremacism; and 


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1 (ii) an explanation of each individual 

2 case that progressed through more than 1 

3 of the stages described under clause (i)— 

4 (I) including the specific classi5 fication or subcategory for each case; 

6 and 

7 (II) not including personally 

8 identifiable information not otherwise 

9 releasable to the public. 

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

11 under this subsection, the domestic terrorism offices 

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

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

14 Rights Division of the Department of Justice and 

15 the Civil Rights Unit of the Federal Bureau of In16 vestigation, review each hate crime incident reported 

17 during the preceding 6 months to determine whether 

18 the incident also constitutes a domestic terrorism-re19 lated incident. 

20 (4) CLASSIFICATION AND PUBLIC RELEASE.— 

21 Each report submitted under paragraph (1) shall 

22 be— 

23 (A) unclassified, to the greatest extent pos24 sible, with a classified annex only if necessary; 

25 and 


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1 (B) in the case of the unclassified portion 

2 of the report, posted on the public websites of 

3 the Department of Homeland Security, the De4 partment of Justice, and the Federal Bureau of 

5 Investigation. 

6 (5) NONDUPLICATION.—If two or more provi7 sions of this subsection or any other law impose re8 quirements on an agency to report or analyze infor9 mation on domestic terrorism that are substantially 

10 similar, the agency shall construe such provisions as 

11 mutually supplemental, so as to provide for the most 

12 extensive reporting or analysis, and shall comply 

13 with each such requirement as fully as possible. 

14 (c) DOMESTIC TERRORISM EXECUTIVE COM15 MITTEE.—There is authorized a Domestic Terrorism Ex16 ecutive Committee, which shall— 

17 (1) meet on a regular basis, and not less regu18 larly than 4 times each year, to coordinate with 

19 United States Attorneys and other key public safety 

20 officials across the country to promote information 

21 sharing and ensure an effective, responsive, and or22 ganized joint effort to combat domestic terrorism; 

23 and 

24 (2) be co-chaired by— 


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1 (A) the Domestic Terrorism Counsel au2 thorized under subsection (a)(2)(B); 

3 (B) a United States Attorney or Assistant 

4 United States Attorney; 

5 (C) a member of the National Security Di6 vision of the Department of Justice; and 

7 (D) a member of the Federal Bureau of 

8 Investigation. 

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

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

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

12 on the most significant domestic terrorism threats, as de13 termined by the number of domestic terrorism-related inci14 dents from each category and subclassification in the joint 

15 report for the preceding 6 months required under sub16 section (b). 

17 SEC. 4. TRAINING TO COMBAT DOMESTIC TERRORISM. 

18 (a) REQUIRED TRAINING AND RESOURCES.—The 

19 Secretary, the Attorney General, and the Director shall 

20 review the anti-terrorism training and resource programs 

21 of their respective agencies that are provided to Federal, 

22 State, local, and Tribal law enforcement agencies, includ23 ing the State and Local Anti-Terrorism Program that is 

24 funded by the Bureau of Justice Assistance of the Depart25 ment of Justice, and ensure that such programs include 


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

2 law enforcement agencies in understanding, detecting, de3 terring, and investigating acts of domestic terrorism and 

4 White supremacist and neo-Nazi infiltration of law en5 forcement and corrections agencies. The domestic-ter6 rorism training shall focus on the most significant domes7 tic terrorism threats, as determined by the quantitative 

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

9 (b) REQUIREMENT.—Any individual who provides do10 mestic terrorism training required under this section shall 

11 have— 

12 (1) expertise in domestic terrorism; and 

13 (2) relevant academic, law enforcement, or 

14 other community-based experience in matters related 

15 to domestic terrorism. 

16 (c) REPORT.— 

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

18 after the date of enactment of this Act and twice 

19 each year thereafter, the Secretary, the Attorney 

20 General, and the Director shall each submit a bian21 nual report to the committees of Congress described 

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

23 implemented by their respective agencies under this 

24 section, which shall include copies of all training maVerDate Sep 11 2014 00:09 Mar 26, 2021 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S963.PCS S963

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1 terials used and the names and qualifications of the 

2 individuals who provide the training. 

3 (2) CLASSIFICATION AND PUBLIC RELEASE.— 

4 Each report submitted under paragraph (1) shall 

5 be— 

6 (A) unclassified, to the greatest extent pos7 sible, with a classified annex only if necessary; 

8 and 

9 (B) in the case of the unclassified portion 

10 of each report, posted on the public website of 

11 the Department of Homeland Security, the De12 partment of Justice, and the Federal Bureau of 

13 Investigation. 

14 SEC. 5. INTERAGENCY TASK FORCE. 

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

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

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

18 establish an interagency task force to analyze and combat 

19 White supremacist and neo-Nazi infiltration of the uni20 formed services and Federal law enforcement agencies. 

21 (b) REPORT.— 

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

23 the interagency task force is established under sub24 section (a), the Attorney General, the Director, the 

25 Secretary, and the Secretary of Defense shall submit 


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

2 the response of the Attorney General, the Director, 

3 the Secretary, and the Secretary of Defense to such 

4 findings, to— 

5 (A) the Committee on the Judiciary of the 

6 Senate; 

7 (B) the Committee on Homeland Security 

8 and Governmental Affairs of the Senate; 

9 (C) the Select Committee on Intelligence of 

10 the Senate; 

11 (D) the Committee on Armed Services of 

12 the Senate; 

13 (E) the Committee on the Judiciary of the 

14 House of Representatives; 

15 (F) the Committee on Homeland Security 

16 of the House of Representatives; 

17 (G) the Permanent Select Committee on 

18 Intelligence of the House of Representatives; 

19 and 

20 (H) the Committee on Armed Services of 

21 the House of Representatives. 

22 (2) CLASSIFICATION AND PUBLIC RELEASE.— 

23 The report submitted under paragraph (1) shall 

24 be— 


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1 (A) submitted in unclassified form, to the 

2 greatest extent possible, with a classified annex 

3 only if necessary; and 

4 (B) in the case of the unclassified portion 

5 of the report, posted on the public website of 

6 the Department of Defense, the Department of 

7 Homeland Security, the Department of Justice, 

8 and the Federal Bureau of Investigation. 

9 SEC. 6. DEPARTMENT OF JUSTICE SUPPORT FOR HATE 

10 CRIME INCIDENTS WITH A NEXUS TO DOMES11 TIC TERRORISM. 

12 (a) COMMUNITY RELATIONS SERVICE.—The Com13 munity Relations Service of the Department of Justice, 

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

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

16 Service to communities where the Department of Justice 

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

18 nexus to domestic terrorism. 

19 (b) FEDERAL BUREAU OF INVESTIGATION.—Section 

20 249 of title 18, United States Code, is amended by adding 

21 at the end the following: 

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

23 Attorney General, acting through the Director of the Fed24 eral Bureau of Investigation, shall assign a special agent 

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


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1 Bureau of Investigation to investigate hate crimes inci2 dents with a nexus to domestic terrorism (as such term 

3 is defined in section 2 of the Domestic Terrorism and 

4 Hate Crimes Prevention Act of 2021).’’. 

5 SEC. 7. REVIEW OF COVID–19 HATE CRIMES. 

6 (a) IN GENERAL.—Not later than 14 days after the 

7 date of enactment of this Act, the Attorney General shall 

8 designate an officer or employee of the Department of 

9 Justice whose sole responsibility during the applicable pe10 riod shall be to facilitate the expedited review of COVID– 

11 19 hate crimes and reports of any such crime to Federal, 

12 State, or local law enforcement agencies. 

13 (b) DEFINITIONS.—In this section: 

14 (1) APPLICABLE PERIOD.—The term ‘‘applica15 ble period’’ means the period beginning on the date 

16 on which the officer or employee is designated under 

17 subsection (a), and ending on the date that is 1 year 

18 after the date on which the emergency period de19 scribed in subparagraph (B) of section 1135(g)(1) of 

20 the Social Security Act (42 U.S.C. 1320b–5(g)(1)) 

21 ends, except that the Attorney General may extend 

22 such period as appropriate. 

23 (2) COVID–19 HATE CRIME.—The term 

24 ‘‘COVID–19 hate crime’’ means a crime of violence 


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1 (as such term is defined in section 16 of 18, United 

2 States Code) that is motivated by— 

3 (A) the actual or perceived race, ethnicity, 

4 age, color, religion, national origin, sexual ori5 entation, gender, gender identity, or disability 

6 of any person; and 

7 (B) the actual or perceived relationship to 

8 the spread of COVID–19 of any person because 

9 of the characteristic described in subparagraph 

10 (A). 

11 (c) GUIDANCE.— 

12 (1) GUIDANCE FOR LAW ENFORCEMENT AGEN13 CIES.—The Attorney General shall issue guidance 

14 for State and local law enforcement agencies on how 

15 to— 

16 (A) establish online reporting of hate 

17 crimes or incidents, and to have online report18 ing available in multiple languages as deter19 mined by the Attorney General; and 

20 (B) expand culturally competent and lin21 guistically appropriate public education cam22 paigns, and collection of data and public report23 ing of hate crimes. 

24 (2) GUIDANCE RELATING TO COVID–19 PAN25 DEMIC.—The Attorney General and the Secretary of 


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1 Health and Human Services, in coordination with 

2 the COVID–19 Health Equity Task Force and com3 munity-based organizations, shall issue guidance de4 scribing best practices to mitigate racially discrimi5 natory language in describing the COVID–19 pan6 demic. 

7 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

8 There are authorized to be appropriated to the De9 partment of Justice, the Federal Bureau of Investigation, 

10 the Department of Homeland Security, and the Depart11 ment of Defense such sums as may be necessary to carry 

12 out this Act. 


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Calendar No. 30 

117TH CONGRESS 

1ST SESSION S. 963 

A BILL 

To authorize dedicated domestic terrorism offices 

terrorism, and for other purposes. Government to take steps to prevent domestic mestic terrorist activity and require the Federal reau of Investigation to analyze and monitor dothe Department of Justice, and the Federal Buwithin the Department of Homeland Security, 

MARCH 25, 2021 

Read the second time and placed on the calendar 


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