Domestic Terrorism Prevention Act of 2023

Subjects: Crime and Law Enforcement


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1591 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                S. 1591

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 15, 2023

 Mr. Durbin (for himself, Ms. Baldwin, Mr. Menendez, Mrs. Murray, Mr. 
 Cardin, Mrs. Gillibrand, Mr. Whitehouse, Mr. Murphy, Mr. Schatz, Ms. 
 Cantwell, and Ms. Cortez Masto) 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.

    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 
2023''.

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'', except as otherwise provided, 
        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, the Attorney General, and 
        the Director 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;
                    (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 United States 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 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 
2023).''.

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.
                                 &lt;all&gt;
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