Domestic Terrorism and Hate Crimes Prevention Act of 2021
Bill: S.963 | Sponsor: Sen. Durbin, Richard J. (D-IL)
Policy area: Crime and Law Enforcement

Summary:
Domestic Terrorism and Hate Crimes Prevention Act of 2021
This bill establishes new requirements to expand the availability of information on domestic terrorism, as well as the relationship between domestic terrorism and hate crimes. The bill also facilitates the expedited review of COVID-19 hate crimes and reports of COVID-19 hate crimes.
It authorizes domestic terrorism components within the Department of Homeland Security, the Department of Justice (DOJ), and the Federal Bureau of Investigation (FBI) to monitor, analyze, investigate, and prosecute domestic terrorism.
The bill creates an interagency task force to analyze and combat white supremacist and neo-Nazi infiltration of the uniformed services and federal law enforcement agencies.
It directs the FBI to assign a special agent or hate crimes liaison to each field office to investigate hate crimes incidents with a nexus to domestic terrorism.
Finally, the bill requires a designated officer or employee of DOJ to facilitate the expedited review of COVID-19 hate crimes and reports of COVID-19 hate crimes.
It defines COVID-19 hate crime as a violent crime that is motivated by two things: (1) the actual or perceived characteristic (e.g., race or ethnicity) of any person, and (2) the actual or perceived relationship to the spread of COVID-19 of any person because of that characteristic.

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

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