II 

117TH CONGRESS 

2D SESSION S. 4255 

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 

MAY 18 (legislative day, MAY 17), 2022 

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) 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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Prevention Act of 2022’’. 

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; 

11 (3) the term ‘‘Domestic Terrorism Executive 

12 Committee’’ means the committee within the De13 partment of Justice tasked with assessing and shar14 ing information about ongoing domestic terrorism 

15 threats; 

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

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

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

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

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

21 of Homeland Security; and 

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

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

24 United States Code. 


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1 SEC. 3. OFFICES TO COMBAT DOMESTIC TERRORISM. 

2 (a) AUTHORIZATION OF OFFICES TO MONITOR, ANA3 LYZE, INVESTIGATE, AND PROSECUTE DOMESTIC TER4 RORISM.— 

5 (1) DOMESTIC TERRORISM UNIT.—There is au6 thorized a Domestic Terrorism Unit in the Office of 

7 Intelligence and Analysis of the Department of 

8 Homeland Security, which shall be responsible for 

9 monitoring and analyzing domestic terrorism activ10 ity. 

11 (2) DOMESTIC TERRORISM OFFICE.—There is 

12 authorized a Domestic Terrorism Office in the 

13 Counterterrorism Section of the National Security 

14 Division of the Department of Justice— 

15 (A) which shall be responsible for inves16 tigating and prosecuting incidents of domestic 

17 terrorism; 

18 (B) which shall be headed by the Domestic 

19 Terrorism Counsel; and 

20 (C) which shall coordinate with the Civil 

21 Rights Division on domestic terrorism matters 

22 that may also be hate crime incidents. 

23 (3) DOMESTIC TERRORISM SECTION OF THE

24 FBI.—There is authorized a Domestic Terrorism 

25 Section within the Counterterrorism Division of the 

26 Federal Bureau of Investigation, which shall be reVerDate Sep 11 2014 15:56 May 23, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4255.IS S4255

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1 sponsible for investigating domestic terrorism activ2 ity. 

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

4 General, and the Director shall each ensure that 

5 each office authorized under this section in their re6 spective agencies shall— 

7 (A) have an adequate number of employees 

8 to perform the required duties; 

9 (B) have not less than one employee dedi10 cated to ensuring compliance with civil rights 

11 and civil liberties laws and regulations; and 

12 (C) require that all employees undergo an13 nual anti-bias training. 

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

15 subsection shall terminate on the date that is 10 

16 years after the date of enactment of this Act. 

17 (b) JOINT REPORT ON DOMESTIC TERRORISM.— 

18 (1) BIANNUAL REPORT REQUIRED.—Not later 

19 than 180 days after the date of enactment of this 

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

21 period beginning on the date of enactment of this 

22 Act, the Secretary of Homeland Security, the Attor23 ney General, and the Director of the Federal Bureau 

24 of Investigation shall submit a joint report authored 


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1 by the domestic terrorism offices authorized under 

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

3 (A) the Committee on the Judiciary, the 

4 Committee on Homeland Security and Govern5 mental Affairs, and the Select Committee on 

6 Intelligence of the Senate; and 

7 (B) the Committee on the Judiciary, the 

8 Committee on Homeland Security, and the Per9 manent Select Committee on Intelligence of the 

10 House of Representatives. 

11 (2) CONTENTS.—Each report submitted under 

12 paragraph (1) shall include— 

13 (A) an assessment of the domestic ter14 rorism threat posed by White supremacists and 

15 neo-Nazis, including White supremacist and 

16 neo-Nazi infiltration of Federal, State, and 

17 local law enforcement agencies and the uni18 formed services; and 

19 (B)(i) in the first report, an analysis of in20 cidents or attempted incidents of domestic ter21 rorism that have occurred in the United States 

22 since April 19, 1995, including any White-su23 premacist-related incidents or attempted inci24 dents; and 


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1 (ii) in each subsequent report, an analysis 

2 of incidents or attempted incidents of domestic 

3 terrorism that occurred in the United States 

4 during the preceding 6 months, including any 

5 White-supremacist-related incidents or at6 tempted incidents; 

7 (C) a quantitative analysis of domestic ter8 rorism for the preceding 6 months, including— 

9 (i) the number of— 

10 (I) domestic terrorism related as11 sessments initiated by the Federal 

12 Bureau of Investigation, including the 

13 number of assessments from each 

14 classification and subcategory, with a 

15 specific classification or subcategory 

16 for those related to White 

17 supremacism; 

18 (II) domestic terrorism-related 

19 preliminary investigations initiated by 

20 the Federal Bureau of Investigation, 

21 including the number of preliminary 

22 investigations from each classification 

23 and subcategory, with a specific clas24 sification or subcategory for those re25 lated to White supremacism, and how 


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1 many preliminary investigations re2 sulted from assessments; 

3 (III) domestic terrorism-related 

4 full investigations initiated by the 

5 Federal Bureau of Investigation, in6 cluding the number of full investiga7 tions from each classification and sub8 category, with a specific classification 

9 or subcategory for those related to 

10 White supremacism, and how many 

11 full investigations resulted from pre12 liminary investigations and assess13 ments; 

14 (IV) domestic terrorism-related 

15 incidents, including the number of in16 cidents from each classification and 

17 subcategory, with a specific classifica18 tion or subcategory for those related 

19 to White supremacism, the number of 

20 deaths and injuries resulting from 

21 each incident, and a detailed expla22 nation of each incident; 

23 (V) Federal domestic terrorism24 related arrests, including the number 

25 of arrests from each classification and 


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1 subcategory, with a specific classifica2 tion or subcategory for those related 

3 to White supremacism, and a detailed 

4 explanation of each arrest; 

5 (VI) Federal domestic terrorism6 related indictments, including the 

7 number of indictments from each clas8 sification and subcategory, with a spe9 cific classification or subcategory for 

10 those related to White supremacism, 

11 and a detailed explanation of each in12 dictment; 

13 (VII) Federal domestic terrorism14 related prosecutions, including the 

15 number of incidents from each classi16 fication and subcategory, with a spe17 cific classification or subcategory for 

18 those related to White supremacism, 

19 and a detailed explanation of each 

20 prosecution; 

21 (VIII) Federal domestic ter22 rorism-related convictions, including 

23 the number of convictions from each 

24 classification and subcategory, with a 

25 specific classification or subcategory 


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1 for those related to White 

2 supremacism, and a detailed expla3 nation of each conviction; and 

4 (IX) Federal domestic terrorism5 related weapons recoveries, including 

6 the number of each type of weapon 

7 and the number of weapons from each 

8 classification and subcategory, with a 

9 specific classification or subcategory 

10 for those related to White 

11 supremacism; and 

12 (ii) an explanation of each individual 

13 case that progressed through more than 1 

14 of the stages described under clause (i)— 

15 (I) including the specific classi16 fication or subcategory for each case; 

17 and 

18 (II) not including personally 

19 identifiable information not otherwise 

20 releasable to the public; and 

21 (D) certification that each of the assess22 ments and investigations described under sub23 paragraph (C) are in compliance with all appli24 cable civil rights and civil liberties laws and reg25 ulations. 


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

2 under this subsection, the domestic terrorism offices 

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

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

5 Rights Division of the Department of Justice and 

6 the Civil Rights Unit of the Federal Bureau of In7 vestigation, review each Federal hate crime charge 

8 and conviction during the preceding 6 months to de9 termine whether the incident also constitutes a do10 mestic terrorism-related incident. 

11 (4) CLASSIFICATION AND PUBLIC RELEASE.— 

12 Each report submitted under paragraph (1) shall 

13 be— 

14 (A) unclassified, to the greatest extent pos15 sible, with a classified annex only if necessary; 

16 and 

17 (B) in the case of the unclassified portion 

18 of the report, posted on the public websites of 

19 the Department of Homeland Security, the De20 partment of Justice, and the Federal Bureau of 

21 Investigation. 

22 (5) NONDUPLICATION.—If two or more provi23 sions of this subsection or any other law impose re24 quirements on an agency to report or analyze infor25 mation on domestic terrorism that are substantially 


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1 similar, the agency may produce one report that 

2 complies with each such requirement as fully as pos3 sible. 

4 (c) DOMESTIC TERRORISM EXECUTIVE COM5 MITTEE.—There is authorized a Domestic Terrorism Ex6 ecutive Committee, which shall meet on a regular basis, 

7 and not less regularly than 4 times each year, to coordi8 nate with United States Attorneys and other key public 

9 safety officials across the country to promote information 

10 sharing and ensure an effective, responsive, and organized 

11 joint effort to combat domestic terrorism. 

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

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

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

15 on the most significant domestic terrorism threats, as de16 termined by the number of domestic terrorism-related inci17 dents from each category and subclassification in the joint 

18 report for the preceding 6 months required under sub19 section (b). 

20 SEC. 4. TRAINING TO COMBAT DOMESTIC TERRORISM. 

21 (a) REQUIRED TRAINING AND RESOURCES.—The 

22 Secretary, the Attorney General, and the Director shall 

23 review the anti-terrorism training and resource programs 

24 of their respective agencies that are provided to Federal, 

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1 ing the State and Local Anti-Terrorism Program that is 

2 funded by the Bureau of Justice Assistance of the Depart3 ment of Justice, and ensure that such programs include 

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

5 law enforcement agencies in understanding, detecting, de6 terring, and investigating acts of domestic terrorism and 

7 White supremacist and neo-Nazi infiltration of law en8 forcement and corrections agencies. The Attorney General 

9 shall make training available to Department prosecutors 

10 and to Assistant United States Attorneys on countering 

11 and prosecuting domestic terrorism. The domestic-ter12 rorism training shall focus on the most significant domes13 tic terrorism threats, as determined by the quantitative 

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

15 (b) REQUIREMENT.—Any individual who provides do16 mestic terrorism training required under this section shall 

17 have— 

18 (1) expertise in domestic terrorism; and 

19 (2) relevant academic, law enforcement, or 

20 other community-based experience in matters related 

21 to domestic terrorism. 

22 (c) REPORT.— 

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

24 after the date of enactment of this Act and twice 

25 each year thereafter, the Secretary, the Attorney 


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1 General, and the Director shall each submit a bian2 nual report to the committees of Congress described 

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

4 implemented by their respective agencies under this 

5 section, which shall include copies of all training ma6 terials used and the names and qualifications of the 

7 individuals who provide the training. 

8 (2) CLASSIFICATION AND PUBLIC RELEASE.— 

9 Each report submitted under paragraph (1) shall— 

10 (A) be unclassified, to the greatest extent 

11 possible, with a classified annex only if nec12 essary; 

13 (B) in the case of the unclassified portion 

14 of each report, be posted on the public website 

15 of the Department of Homeland Security, the 

16 Department of Justice, and the Federal Bureau 

17 of Investigation; and 

18 (C) include the number of Federal inci19 dents, investigations, arrests, indictments, pros20 ecutions, and convictions with respect to a false 

21 report of domestic terrorism or hate crime inci22 dent. 

23 SEC. 5. INTERAGENCY TASK FORCE. 

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

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


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

2 establish an interagency task force to analyze and combat 

3 White supremacist and neo-Nazi infiltration of the uni4 formed services and Federal law enforcement agencies. 

5 (b) REPORT.— 

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

7 the interagency task force is established under sub8 section (a), the Attorney General, the Secretary, and 

9 the Secretary of Defense shall submit a joint report 

10 on the findings of the task force and the response 

11 of the Attorney General, the Secretary, and the Sec12 retary of Defense to such findings, to— 

13 (A) the Committee on the Judiciary of the 

14 Senate; 

15 (B) the Committee on Homeland Security 

16 and Governmental Affairs of the Senate; 

17 (C) the Select Committee on Intelligence of 

18 the Senate; 

19 (D) the Committee on Armed Services of 

20 the Senate; 

21 (E) the Committee on the Judiciary of the 

22 House of Representatives; 

23 (F) the Committee on Homeland Security 

24 of the House of Representatives; 


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1 (G) the Permanent Select Committee on 

2 Intelligence of the House of Representatives; 

3 and 

4 (H) the Committee on Armed Services of 

5 the House of Representatives. 

6 (2) CLASSIFICATION AND PUBLIC RELEASE.— 

7 The report submitted under paragraph (1) shall 

8 be— 

9 (A) submitted in unclassified form, to the 

10 greatest extent possible, with a classified annex 

11 only if necessary; and 

12 (B) in the case of the unclassified portion 

13 of the report, posted on the public website of 

14 the Department of Defense, the Department of 

15 Homeland Security, the Department of Justice, 

16 and the Federal Bureau of Investigation. 

17 SEC. 6. FEDERAL SUPPORT FOR ADDRESSING HATE CRIME 

18 INCIDENTS WITH A NEXUS TO DOMESTIC 

19 TERRORISM. 

20 (a) COMMUNITY RELATIONS SERVICE.—The Com21 munity Relations Service of the Department of Justice, 

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

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

24 Service to communities where the Department of Justice 


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

2 nexus to domestic terrorism. 

3 (b) FEDERAL BUREAU OF INVESTIGATION.—Section 

4 249 of title 18, United States Code, is amended by adding 

5 at the end the following: 

6 ‘‘(f) FEDERAL BUREAU OF INVESTIGATION.—The 

7 Attorney General, acting through the Director of the Fed8 eral Bureau of Investigation, shall assign a special agent 

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

10 Bureau of Investigation to investigate hate crimes inci11 dents with a nexus to domestic terrorism (as such term 

12 is defined in section 2 of the Domestic Terrorism Preven13 tion Act of 2022).’’. 

14 SEC. 7. RULE OF CONSTRUCTION. 

15 Nothing in this Act, or any amendment made by this 

16 Act, may be construed to authorize the infringement or 

17 violation of any right protected under the First Amend18 ment to the Constitution of the United States or an appli19 cable provision of Federal law. 

20 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

21 There are authorized to be appropriated to the De22 partment of Justice, the Federal Bureau of Investigation, 

23 the Department of Homeland Security, and the DepartVerDate Sep 11 2014 15:56 May 23, 2022 Jkt 029200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S4255.IS S4255

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1 ment of Defense such sums as may be necessary to carry 

2 out this Act. 

Æ 


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