union calendar no. 426 th d congress session h. r. 5602

IB

Union Calendar No. 426 116TH CONGRESS

2D SESSION H. R. 5602 [Report No. 116–526, Part I]

To authorize dedicated domestic terrorism offices within the Department

of Homeland Security, the Department of Justice, and the Federal Bu-

reau of Investigation to analyze and monitor domestic terrorist activity

and require the Federal Government to take steps to prevent domestic

terrorism.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 14, 2020

Mr. SCHNEIDER (for himself, Mr. NADLER, Ms. BASS, Ms. KELLY of Illinois,

Mr. GONZALEZ of Texas, Mr. CORREA, Mr. CISNEROS, Mr. COOPER, Mr.

PANETTA, Ms. NORTON, Ms. KUSTER of New Hampshire, Mr. CASE, Ms.

MENG, Ms. KENDRA S. HORN of Oklahoma, Mr. MALINOWSKI, and Miss

RICE of New York) introduced the following bill; which was referred to

the Committee on the Judiciary, and in addition to the Committees on

Homeland Security, and Armed Services, for a period to be subsequently

determined by the Speaker, in each case for consideration of such provi-

sions as fall within the jurisdiction of the committee concerned

VerDate Sep 11 2014 22:27 Sep 21, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H5602.RH H5602pam

tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

2

•HR 5602 RH

SEPTEMBER 21, 2020

Additional sponsors: Mr. SHERMAN, Ms. FRANKEL, Mr. LYNCH, Ms. STE-

VENS, Mr. BRINDISI, Mr. DEUTCH, Ms. SHALALA, Mr. CASTEN of Illi-

nois, Ms. ESCOBAR, Ms. WILD, Ms. SCANLON, Mr. SWALWELL of Cali-

fornia, Ms. JACKSON LEE, Mr. SMITH of Washington, Mr. HUFFMAN,

Mr. QUIGLEY, Mr. KILMER, Ms. CRAIG, Mr. ROUDA, Ms. LOFGREN, Mr.

THOMPSON of California, Mr. CICILLINE, Ms. TORRES SMALL of New

Mexico, Mr. FOSTER, Mr. TRONE, Ms. SLOTKIN, Mr. RASKIN, Ms.

MUCARSEL-POWELL, Ms. DEAN, Mr. MCGOVERN, Mr. COHEN, Mr.

HECK, Mr. TED LIEU of California, Mr. CROW, Mr. NEGUSE, Mrs.

LURIA, Mr. POCAN, Mr. RICHMOND, Mr. LAMB, Mr. STANTON, Ms. GAR-

CIA of Texas, Mr. RUPPERSBERGER, Mr. JEFFRIES, Mr. PAYNE, Mrs.

BUSTOS, Mr. HIMES, Mr. SOTO, Mr. PETERS, Ms. JAYAPAL, Ms. JUDY

CHU of California, Mr. HASTINGS, Mr. MORELLE, Mr. PERLMUTTER,

Mrs. MCBATH, Mr. BISHOP of Georgia, Mrs. LAWRENCE, Mrs. MURPHY

of Florida, Mrs. WATSON COLEMAN, Mr. CLYBURN, Mr. SCHRADER, Mr.

PRICE of North Carolina, Mr. RUSH, Ms. LEE of California, Mr.

ESPAILLAT, Mr. CARBAJAL, Ms. SPEIER, Mr. VARGAS, Mr. GALLEGO,

Mr. VELA, Mr. O’HALLERAN, Mrs. DAVIS of California, Mr. CASTRO of

Texas, Ms. WASSERMAN SCHULTZ, Ms. VELAZQUEZ, Mr. KHANNA, Mr.

SUOZZI, Ms. HAALAND, Mrs. DEMINGS, Mr. GARAMENDI, Mr.

CARDENAS, Mr. GOLDEN, Ms. SCHRIER, Mr. JOHNSON of Georgia, Ms.

WEXTON, Mr. RUIZ, Mr. DANNY K. DAVIS of Illinois, Mr.

KRISHNAMOORTHI, Mr. HORSFORD, Mr. PASCRELL, Mrs. HAYES, Ms.

CLARKE of New York, Mr. LEVIN of Michigan, Mr. KIM, Mr. BLU-

MENAUER, Mr. COX of California, Ms. CLARK of Massachusetts, Mrs.

CAROLYN B. MALONEY of New York, Mr. HIGGINS of New York, Mr.

KENNEDY, Mr. DOGGETT, Mr. PHILLIPS, Ms. MCCOLLUM, Mr. CRIST,

Mrs. AXNE, Ms. SEWELL of Alabama, Mr. GREEN of Texas, Ms.

BARRAGAN, Mr. ROSE of New York, Mr. DEFAZIO, Mr. MICHAEL F.

DOYLE of Pennsylvania, Mr. TONKO, Mr. LUJAN, Mr. KIND, Mr. RYAN,

Mr. PALLONE, Mr. LARSON of Connecticut, Ms. DELBENE, Mr. TAKANO,

Ms. DEGETTE, Ms. HOULAHAN, Mr. BERA, Mr. WELCH, Mr. DAVID

SCOTT of Georgia, Ms. TITUS, Ms. MOORE, Mr. PAPPAS, Mr.

GOTTHEIMER, Mr. MCADAMS, Ms. SANCHEZ, Mr. MCEACHIN, Ms. CAS-

TOR of Florida, Mrs. BEATTY, Mr. CONNOLLY, Mrs. FLETCHER, Mr.

LIPINSKI, Mr. BRENDAN F. BOYLE of Pennsylvania, Mr. KILDEE, Mr.

NORCROSS, Ms. BROWNLEY of California, Mr. ALLRED, Mr. GOMEZ, Mr.

LANGEVIN, Mr. COURTNEY, Mr. KEATING, Ms. BLUNT ROCHESTER, Mrs.

TRAHAN, Ms. UNDERWOOD, Mr. MCNERNEY, Mr. LOWENTHAL, Mr.

SIRES, Ms. PORTER, Mr. CUELLAR, Mr. LAWSON of Florida, Mr. LEVIN

of California, Mr. SERRANO, Mr. SARBANES, Mr. VISCLOSKY, Ms. ROY-

BAL-ALLARD, Mrs. TORRES of California, Mr. SCHIFF, Ms. SCHA-

KOWSKY, Ms. DAVIDS of Kansas, Mrs. NAPOLITANO, and Ms. ESHOO


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

3

•HR 5602 RH

SEPTEMBER 21, 2020

Reported from the Committee on the Judiciary with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

SEPTEMBER 21, 2020

Committees on Homeland Security and Armed Services discharged; committed

to the Committee of the Whole House on the State of the Union and or-

dered to be printed

[For text of introduced bill, see copy of bill as introduced on January 14, 2020]


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

4

•HR 5602 RH

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 ana-

lyze and monitor domestic terrorist activity and require

the Federal Government to take steps to prevent domes-

tic terrorism.


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

5

•HR 5602 RH

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled, 2

SECTION 1. SHORT TITLE. 3

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

vention Act of 2020’’. 5

SEC. 2. FINDINGS. 6

Congress finds the following: 7

(1) Recent reports have demonstrated that White 8

supremacists and other far-right-wing extremists are 9

the most significant domestic terrorism threat facing 10

the United States, including— 11

(A) a February 22, 2019, New York Times 12

op-ed, by a Trump Administration United 13

States Department of Justice official, who wrote 14

that ‘‘white supremacy and far-right extremism 15

are among the greatest domestic-security threats 16

facing the United States. Regrettably, over the 17

past 25 years, law enforcement, at both the Fed-18

eral and State levels, has been slow to respond. 19

. . . Killings committed by individuals and 20

groups associated with far-right extremist groups 21

have risen significantly.’’; 22

(B) an April 2017 Government Account-23

ability Office report on the significant, lethal 24


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

6

•HR 5602 RH

threat posed by domestic violent extremists, 1

which— 2

(i) explained that ‘‘[s]ince September 3

12, 2001, the number of fatalities caused by 4

domestic violent extremists has ranged from 5

1 to 49 in a given year.’’; and 6

(ii) noted that ‘‘[F]atalities resulting 7

from attacks by far right wing violent ex-8

tremists have exceeded those caused by rad-9

ical Islamist violent extremists in 10 of the 10

15 years, and were the same in 3 of the 11

years since September 12, 2001. Of the 85 12

violent extremist incidents that resulted in 13

death since September 12, 2001, far right 14

wing violent extremist groups were respon-15

sible for 62 (73 percent) while radical 16

Islamist violent extremists were responsible 17

for 23 (27 percent).’’; and 18

(C) an unclassified May 2017 joint intel-19

ligence bulletin from the Federal Bureau of In-20

vestigation and the Department of Homeland Se-21

curity, which found that ‘‘white supremacist ex-22

tremism poses [a] persistent threat of lethal vio-23

lence,’’ and that White supremacists ‘‘were re-24

sponsible for 49 homicides in 26 attacks from 25


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

7

•HR 5602 RH

2000 to 2016 . . . more than any other domestic 1

extremist movement’’. 2

(2) Recent domestic terrorist attacks include— 3

(A) the August 5, 2012, mass shooting at a 4

Sikh gurdwara in Oak Creek, Wisconsin, in 5

which a White supremacist shot and killed 6 6

members of the gurdwara; 7

(B) the April 13, 2014, mass shooting at a 8

Jewish community center and a Jewish assisted 9

living facility in Overland Park, Kansas, in 10

which a neo-Nazi shot and killed 3 civilians, in-11

cluding a 14-year-old teenager; 12

(C) the June 8, 2014, ambush in Las Vegas, 13

Nevada, in which 2 supporters of the far-right- 14

wing ‘‘patriot’’ movement shot and killed 2 po-15

lice officers and a civilian; 16

(D) the June 17, 2015, mass shooting at the 17

Emanuel AME Church in Charleston, South 18

Carolina, in which a White supremacist shot 19

and killed 9 members of the church; 20

(E) the November 27, 2015, mass shooting 21

at a Planned Parenthood clinic in Colorado 22

Springs, Colorado, in which an anti-abortion ex-23

tremist shot and killed a police officer and 2 ci-24

vilians; 25


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

8

•HR 5602 RH

(F) the March 20, 2017, murder of an Afri-1

can-American man in New York City, allegedly 2

committed by a White supremacist who report-3

edly traveled to New York ‘‘for the purpose of 4

killing black men’’; 5

(G) the May 26, 2017, attack in Portland, 6

Oregon, in which a White supremacist allegedly 7

murdered 2 men and injured a third after the 8

men defended 2 young women whom the indi-9

vidual had targeted with anti-Muslim hate 10

speech; 11

(H) the August 12, 2017, attacks in Char-12

lottesville, Virginia, in which— 13

(i) a White supremacist killed one and 14

injured nineteen after driving his car 15

through a crowd of individuals protesting a 16

neo-Nazi rally, and of which former Attor-17

ney General Jeff Sessions said, ‘‘It does 18

meet the definition of domestic terrorism in 19

our statute.’’; and 20

(ii) a group of 6 men linked to militia 21

or White supremacist groups assaulted an 22

African-American man who had been pro-23

testing the neo-Nazi rally in a downtown 24

parking garage; 25


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

9

•HR 5602 RH

(I) the July 2018 murder of an African- 1

American woman from Kansas City, Missouri, 2

allegedly committed by a White supremacist who 3

reportedly bragged about being a member of the 4

Ku Klux Klan; 5

(J) the October 24, 2018, shooting in 6

Jeffersontown, Kentucky, in which a White man 7

allegedly murdered 2 African Americans at a 8

grocery store after first attempting to enter a 9

church with a predominantly African-American 10

congregation during a service; 11

(K) the October 27, 2018, mass shooting at 12

the Tree of Life Synagogue in Pittsburgh, Penn-13

sylvania, in which a White nationalist allegedly 14

shot and killed 11 members of the congregation; 15

(L) the April 27, 2019, shooting at the 16

Chabad of Poway synagogue in California, in 17

which a man yelling anti-Semitic slurs allegedly 18

killed a member of the congregation and wound-19

ed 3 others; 20

(M) the August 3, 2019, mass shooting at a 21

Walmart in El Paso, Texas, in which a White 22

supremacist with anti-immigrant views killed 22 23

people and injured 26 others; 24


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

10

•HR 5602 RH

(N) the December 10, 2019, shooting at a 1

Kosher supermarket in Jersey City, New Jersey, 2

in which 2 men with anti-Semitic views killed 3 3

people in the store and a law enforcement officer 4

in an earlier encounter; and 5

(O) the December 28, 2019, machete attack 6

at a Hanukkah celebration in Monsey, New 7

York, in which a man who had expressed anti- 8

Semitic views stabbed 5 individuals. 9

(3) In November 2019, the Federal Bureau of In-10

vestigation released its annual hate crime incident re-11

port, which found that in 2018, violent hate crimes 12

reached a 16-year high. Though the overall number of 13

hate crimes decreased slightly after three consecutive 14

years of increases, the report found a 4-percent in-15

crease in aggravated assaults, a 15-percent increase 16

in simple assaults, and a 13-percent increase in in-17

timidation. There was also a nearly 6-percent in-18

crease in hate crimes directed at LGBTQ individuals 19

and a 14-percent increase in hate crimes directed at 20

Hispanic and Latino individuals. Nearly 60 percent 21

of the religion-based hate crimes reported targeted 22

American Jews and Jewish institutions. The previous 23

year’s report found that in 2017, hate crimes in-24

creased by approximately 17 percent, including a 23- 25


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

11

•HR 5602 RH

percent increase in religion-based hate crimes, an 18- 1

percent increase in race-based crimes, and a 5-percent 2

increase in crimes directed against LGBTQ individ-3

uals. The report analyzing 2016 data found that hate 4

crimes increased by almost 5 percent that year, in-5

cluding a 19-percent rise in hate crimes against 6

American Muslims. Similarly, the report analyzing 7

2015 data found that hate crimes increased by 6 per-8

cent that year. Much of the 2015 increase came from 9

a 66-percent rise in attacks on American Muslims 10

and a 9-percent rise in attacks on American Jews. In 11

all 4 reports, race-based crimes were most numerous, 12

and those crimes most often targeted African Ameri-13

cans. 14

(4) On March 15, 2019, a White nationalist was 15

arrested and charged with murder after allegedly kill-16

ing 50 Muslim worshippers and injuring more than 17

40 in a massacre at the Al Noor Mosque and Linwood 18

Mosque in Christchurch, New Zealand. The alleged 19

shooter posted a hate-filled, xenophobic manifesto that 20

detailed his White nationalist ideology before the mas-21

sacre. Prime Minister Jacinda Ardern labeled the 22

massacre a terrorist attack. 23

(5) In January 2017, a right-wing extremist 24

who had expressed anti-Muslim views was charged 25


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

12

•HR 5602 RH

with murder for allegedly killing 6 people and injur-1

ing 19 in a shooting rampage at a mosque in Quebec 2

City, Canada. It was the first-ever mass shooting at 3

a mosque in North America, and Prime Minister 4

Trudeau labeled it a terrorist attack. 5

(6) On February 15, 2019, Federal authorities 6

arrested U.S. Coast Guard Lieutenant Christopher 7

Paul Hasson, who was allegedly planning to kill a 8

number of prominent journalists, professors, judges, 9

and ‘‘leftists in general’’. In court filings, prosecutors 10

described Lieutenant Hasson as a ‘‘domestic terrorist’’ 11

who in an email ‘‘identified himself as a White Na-12

tionalist for over 30 years and advocated for ‘focused 13

violence’ in order to establish a white homeland.’’. 14

(7) On November 3rd, 2019 a 24 year old man 15

who authorities say was among masked Antifa sup-16

porters attacking conservatives at a June Demonstra-17

tion in Portland, Oregon, was sentenced Friday to 18

nearly six years in prison in connection with brutal 19

assault. Gage Halupowski pleaded guilty to second- 20

degree assault after authorities accused him of using 21

a weapon against a conservative demonstrator who 22

suffered blows to the head that the victim claims left 23

him with a concussion and cuts that required 25 sta-24

ples to close. 25


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

13

•HR 5602 RH

(8) On December 12, 2019, an assailant involved 1

in the prolonged firefight in Jersey City, NJ, that left 2

six people dead, including one police officer, was 3

linked on Wednesday to the Black Hebrew Israelite 4

movement, and had public anti-Semitic posts online, 5

a law enforcement official said. 6

(9) On February 8, 2020, A gunman stormed a 7

NYPD precinct after firing at police van, wounding 8

2. The police commissioner called the Bronx rampage 9

an ‘‘assassination attempt,’’ on law enforcement. 10

SEC. 3. DEFINITIONS. 11

In this Act— 12

(1) the term ‘‘Director’’ means the Director of the 13

Federal Bureau of Investigation; 14

(2) the term ‘‘domestic terrorism’’ has the mean-15

ing given the term in section 2331 of title 18, United 16

States Code, except that it does not include acts per-17

petrated by individuals associated with or inspired 18

by— 19

(A) a foreign person or organization des-20

ignated as a foreign terrorist organization under 21

section 219 of the Immigration and Nationality 22

Act (8 U.S.C. 1189); 23


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

14

•HR 5602 RH

(B) an individual or organization des-1

ignated under Executive Order 13224 (50 U.S.C. 2

1701 note); or 3

(C) a state sponsor of terrorism as deter-4

mined by the Secretary of State under section 5

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

(50 U.S.C. 4605), section 40 of the Arms Export 7

Control Act (22 U.S.C. 2780), or section 620A of 8

the Foreign Assistance Act of 1961 (22 U.S.C. 9

2371); 10

(3) the term ‘‘Domestic Terrorism Executive 11

Committee’’ means the committee within the Depart-12

ment of Justice tasked with assessing and sharing in-13

formation about ongoing domestic terrorism threats; 14

(4) the term ‘‘hate crime incident’’ means an act 15

described in section 241, 245, 247, or 249 of title 18, 16

United States Code, or in section 901 of the Civil 17

Rights Act of 1968 (42 U.S.C. 3631); 18

(5) the term ‘‘Secretary’’ means the Secretary of 19

Homeland Security; and 20

(6) the term ‘‘uniformed services’’ has the mean-21

ing given the term in section 101(a) of title 10, 22

United States Code. 23


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

15

•HR 5602 RH

SEC. 4. OFFICES TO COMBAT DOMESTIC TERRORISM. 1

(a) AUTHORIZATION OF OFFICES TO MONITOR, ANA-2

LYZE, INVESTIGATE, AND PROSECUTE DOMESTIC TER-3

RORISM.— 4

(1) DOMESTIC TERRORISM UNIT.—There is au-5

thorized a Domestic Terrorism Unit in the Office of 6

Intelligence and Analysis of the Department of Home-7

land Security, which shall be responsible for moni-8

toring and analyzing domestic terrorism activity. 9

(2) DOMESTIC TERRORISM OFFICE.—There is 10

authorized a Domestic Terrorism Office in the 11

Counterterrorism Section of the National Security Di-12

vision of the Department of Justice— 13

(A) which shall be responsible for inves-14

tigating and prosecuting incidents of domestic 15

terrorism; and 16

(B) which shall be headed by the Domestic 17

Terrorism Counsel. 18

(3) DOMESTIC TERRORISM SECTION OF THE 19

FBI.—There is authorized a Domestic Terrorism Sec-20

tion within the Counterterrorism Division of the Fed-21

eral Bureau of Investigation, which shall be respon-22

sible for investigating domestic terrorism activity. 23

(4) STAFFING.—The Secretary, the Attorney 24

General, and the Director shall each ensure that each 25


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

16

•HR 5602 RH

office authorized under this section in their respective 1

agencies shall— 2

(A) have adequate number of employees to 3

perform the required duties; 4

(B) have not less than 1 employee dedicated 5

to ensuring compliance with civil rights and 6

civil liberties laws and regulations; and 7

(C) require that all employees undergo an-8

nual anti-bias training. 9

(5) SUNSET.—The offices authorized under this 10

subsection shall terminate on the date that is 10 years 11

after the date of enactment of this Act. 12

(b) JOINT REPORT ON DOMESTIC TERRORISM.— 13

(1) BIANNUAL REPORT REQUIRED.—Not later 14

than 180 days after the date of enactment of this Act, 15

and each 6 months thereafter for the 10-year period 16

beginning on the date of enactment of this Act, the 17

Secretary of Homeland Security, the Attorney Gen-18

eral, and the Director of the Federal Bureau of Inves-19

tigation shall submit a joint report authored by the 20

domestic terrorism offices authorized under para-21

graphs (1), (2), and (3) of subsection (a) to— 22

(A) the Committee on the Judiciary, the 23

Committee on Homeland Security and Govern-24


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

17

•HR 5602 RH

mental Affairs, and the Select Committee on In-1

telligence of the Senate; and 2

(B) the Committee on the Judiciary, the 3

Committee on Homeland Security, and the Per-4

manent Select Committee on Intelligence of the 5

House of Representatives. 6

(2) CONTENTS.—Each report submitted under 7

paragraph (1) shall include— 8

(A) an assessment of the domestic terrorism 9

threat posed by White supremacists and neo- 10

Nazis, including White supremacist and neo- 11

Nazi infiltration of Federal, State, and local law 12

enforcement agencies and the uniformed services; 13

and 14

(B)(i) in the first report, an analysis of in-15

cidents or attempted incidents of domestic ter-16

rorism that have occurred in the United States 17

since April 19, 1995, including any White-su-18

premacist-related incidents or attempted inci-19

dents; and 20

(ii) in each subsequent report, an analysis 21

of incidents or attempted incidents of domestic 22

terrorism that occurred in the United States dur-23

ing the preceding 6 months, including any 24


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

18

•HR 5602 RH

White-supremacist-related incidents or attempted 1

incidents; and 2

(C) a quantitative analysis of domestic ter-3

rorism for the preceding 6 months, including— 4

(i) the number of— 5

(I) domestic terrorism related as-6

sessments initiated by the Federal Bu-7

reau of Investigation, including the 8

number of assessments from each clas-9

sification and subcategory, with a spe-10

cific classification or subcategory for 11

those related to White supremacism; 12

(II) domestic terrorism-related 13

preliminary investigations initiated by 14

the Federal Bureau of Investigation, 15

including the number of preliminary 16

investigations from each classification 17

and subcategory, with a specific classi-18

fication or subcategory for those related 19

to White supremacism, and how many 20

preliminary investigations resulted 21

from assessments; 22

(III) domestic terrorism-related 23

full investigations initiated by the Fed-24

eral Bureau of Investigation, including 25


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

19

•HR 5602 RH

the number of full investigations from 1

each classification and subcategory, 2

with a specific classification or sub-3

category for those related to White 4

supremacism, and how many full in-5

vestigations resulted from preliminary 6

investigations and assessments; 7

(IV) domestic terrorism-related 8

incidents, including the number of in-9

cidents from each classification and 10

subcategory, with a specific classifica-11

tion or subcategory for those related to 12

White supremacism, the number of 13

deaths and injuries resulting from each 14

incident, and a detailed explanation of 15

each incident; 16

(V) Federal domestic terrorism-re-17

lated arrests, including the number of 18

arrests from each classification and 19

subcategory, with a specific classifica-20

tion or subcategory for those related to 21

White supremacism, and a detailed ex-22

planation of each arrest; 23

(VI) Federal domestic terrorism- 24

related indictments, including the 25


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

20

•HR 5602 RH

number of indictments from each clas-1



those related to White supremacism, 4

and a detailed explanation of each in-5

dictment; 6

(VII) Federal domestic terrorism- 7

related prosecutions, including the 8

number of incidents from each classi-9

fication and subcategory, with a spe-10


those related to White supremacism, 12

and a detailed explanation of each 13

prosecution; 14

(VIII) Federal domestic terrorism- 15

related convictions, including the num-16

ber of convictions from each classifica-17

tion and subcategory, with a specific 18

classification or subcategory for those 19

related to White supremacism, and a 20

detailed explanation of each conviction; 21

and 22

(IX) Federal domestic terrorism- 23

related weapons recoveries, including 24

the number of each type of weapon and 25


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

21

•HR 5602 RH

the number of weapons from each clas-1



those related to White supremacism; 4

and 5

(ii) an explanation of each individual 6

case that progressed through more than 1 of 7

the stages described under clause (i), includ-8

ing the specific classification or subcategory 9

for each case. 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 sub-13

section (a) shall, in consultation with the Civil Rights 14

Division of the Department of Justice and the Civil 15

Rights Unit of the Federal Bureau of Investigation, 16

review each hate crime incident reported during the 17

preceding 6 months to determine whether the incident 18

also constitutes a domestic terrorism-related incident. 19

(4) CLASSIFICATION AND PUBLIC RELEASE.— 20

Each report submitted under paragraph (1) shall 21

be— 22

(A) unclassified, to the greatest extent pos-23

sible, with a classified annex only if necessary; 24

and 25


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

22

•HR 5602 RH

(B) in the case of the unclassified portion of 1

the report, posted on the public websites of the 2

Department of Homeland Security, the Depart-3

ment of Justice, and the Federal Bureau of In-4

vestigation. 5

(5) NONDUPLICATION.—If two or more provi-6

sions of this subsection or any other law impose re-7

quirements on an agency to report or analyze infor-8

mation on domestic terrorism that are substantially 9

similar, the agency shall construe such provisions as 10

mutually supplemental, so as to provide for the most 11

extensive reporting or analysis, and shall comply 12

with each such requirement as fully as possible. 13

(c) DOMESTIC TERRORISM EXECUTIVE COMMITTEE.— 14

There is authorized a Domestic Terrorism Executive Com-15

mittee, which shall— 16

(1) meet on a regular basis, and not less regu-17

larly than 4 times each year, to coordinate with 18

United States Attorneys and other key public safety 19

officials across the country to promote information 20

sharing and ensure an effective, responsive, and orga-21

nized joint effort to combat domestic terrorism; and 22

(2) be co-chaired by— 23

(A) the Domestic Terrorism Counsel author-24

ized under subsection (a)(2)(B); 25


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

23

•HR 5602 RH

(B) a United States Attorney or Assistant 1

United States Attorney; 2

(C) a member of the National Security Di-3

vision of the Department of Justice; and 4

(D) a member of the Federal Bureau of In-5

vestigation. 6

(d) FOCUS ON GREATEST THREATS.—The domestic 7

terrorism offices authorized under paragraphs (1), (2), and 8

(3) of subsection (a) shall focus their limited resources on 9

the most significant domestic terrorism threats, as deter-10

mined by the number of domestic terrorism-related inci-11

dents from each category and subclassification in the joint 12

report for the preceding 6 months required under subsection 13

(b). 14

SEC. 5. TRAINING TO COMBAT DOMESTIC TERRORISM. 15

(a) REQUIRED TRAINING AND RESOURCES.—The Sec-16

retary, the Attorney General, and the Director shall review 17

the anti-terrorism training and resource programs of their 18

respective agencies that are provided to Federal, State, 19

local, and Tribal law enforcement agencies, including the 20

State and Local Anti-Terrorism Program that is funded by 21

the Bureau of Justice Assistance of the Department of Jus-22

tice, and ensure that such programs include training and 23

resources to assist State, local, and Tribal law enforcement 24

agencies in understanding, detecting, deterring, and inves-25


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

24

•HR 5602 RH

tigating acts of domestic terrorism and White supremacist 1

and neo-Nazi infiltration of law enforcement and correc-2

tions agencies. The domestic-terrorism training shall focus 3

on the most significant domestic terrorism threats, as deter-4

mined by the quantitative analysis in the joint report re-5

quired under section 4(b). 6

(b) REQUIREMENT.—Any individual who provides do-7

mestic terrorism training required under this section shall 8

have— 9

(1) expertise in domestic terrorism; and 10

(2) relevant academic, law enforcement, or other 11

community-based experience in matters related to do-12

mestic terrorism. 13

(c) REPORT.— 14

(1) IN GENERAL.—Not later than 6 months after 15

the date of enactment of this Act and twice each year 16

thereafter, the Secretary, the Attorney General, and 17

the Director shall each submit a biannual report to 18

the committees of Congress described in section 19

4(b)(1) on the domestic terrorism training imple-20

mented by their respective agencies under this section, 21

which shall include copies of all training materials 22

used and the names and qualifications of the individ-23

uals who provide the training. 24


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

25

•HR 5602 RH

(2) CLASSIFICATION AND PUBLIC RELEASE.— 1

Each report submitted under paragraph (1) shall 2

be— 3

(A) unclassified, to the greatest extent pos-4

sible, with a classified annex only if necessary; 5

and 6


each report, posted on the public website of the 8

Department of Homeland Security, the Depart-9

ment of Justice, and the Federal Bureau of In-10

vestigation. 11

SEC. 6. INTERAGENCY TASK FORCE. 12

(a) IN GENERAL.—Not later than 180 days after the 13

date of enactment of this Act, the Attorney General, the Di-14

rector, the Secretary, and the Secretary of Defense shall es-15

tablish an interagency task force to analyze and combat 16

White supremacist and neo-Nazi infiltration of the uni-17

formed services and Federal law enforcement agencies. 18

(b) REPORT.— 19

(1) IN GENERAL.—Not later than 1 year after 20

the interagency task force is established under sub-21

section (a), the Attorney General, the Director, the 22

Secretary, and the Secretary of Defense shall submit 23

a joint report on the findings of the task force and the 24

response of the Attorney General, the Director, the 25


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

26

•HR 5602 RH

Secretary, and the Secretary of Defense to such find-1

ings, to— 2

(A) the Committee on the Judiciary of the 3

Senate; 4

(B) the Committee on Homeland Security 5

and Governmental Affairs of the Senate; 6

(C) the Select Committee on Intelligence of 7

the Senate; 8

(D) the Committee on Armed Services of the 9

Senate; 10

(E) the Committee on the Judiciary of the 11

House of Representatives; 12

(F) the Committee on Homeland Security of 13

the House of Representatives; 14

(G) the Permanent Select Committee on In-15

telligence of the House of Representatives; and 16

(H) the Committee on Armed Services of the 17

House of Representatives. 18

(2) CLASSIFICATION AND PUBLIC RELEASE.—The 19

report submitted under paragraph (1) shall be— 20

(A) submitted in unclassified form, to the 21

greatest extent possible, with a classified annex 22

only if necessary; and 23


the report, posted on the public website of the De-25


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

27

•HR 5602 RH

partment of Defense, the Department of Home-1

land Security, the Department of Justice, and 2

the Federal Bureau of Investigation. 3

SEC. 7. DEPARTMENT OF JUSTICE SUPPORT FOR HATE 4

CRIME INCIDENTS WITH A NEXUS TO DOMES-5

TIC TERRORISM. 6

(a) COMMUNITY RELATIONS SERVICE.—The Commu-7

nity Relations Service of the Department of Justice, author-8

ized under section 1001(a) of the Civil Rights Act of 1964 9

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

communities where the Department of Justice has brought 11

charges in a hate crime incident that has a nexus to domes-12

tic terrorism. 13

(b) FEDERAL BUREAU OF INVESTIGATION.—Section 14

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

at the end the following: 16

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

torney General, acting through the Director of the Federal 18

Bureau of Investigation, shall assign a special agent or hate 19

crimes liaison to each field office of the Federal Bureau of 20

Investigation to investigate hate crimes incidents with a 21

nexus to domestic terrorism (as such term is defined in sec-22

tion 3 of the Domestic Terrorism Prevention Act of 2020).’’. 23


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

28

•HR 5602 RH

SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 1

There are authorized to be appropriated to the Depart-2

ment of Justice, the Federal Bureau of Investigation, the 3

Department of Homeland Security, and the Department of 4

Defense such sums as may be necessary to carry out this 5

Act. 6


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

Union C

alendar No. 426

11

6T

HC

ON

GR

ES

S

2D

SE

SS

ION

H

. R. 5602

[Rep

ort No. 116–526, P

art I]

A B

ILL

T

o

au

thorize

ded

icated

dom

estic terro

rism

offices

with

in

the

Dep

artm

ent

of

Hom

elan

d

Secu

rity,

the D

epartm

ent o

f Ju

stice, an

d th

e Fed

eral B

u-

reau

of In

vestigatio

n to

an

aly

ze an

d m

on

itor d

o-

mestic

terrorist

activity

an

d req

uire

the

Fed

eral

Govern

men

t to

ta

ke

steps

to

preven

t dom

estic terro

rism.

SE

PT

EM

BE

R2

1, 2

02

0

Rep

orted

from

the C

om

mittee o

n th

e Ju

dicia

ry w

ith a

n

am

endm

ent

SE

PT

EM

BE

R2

1, 2

02

0

Com

mittees

on

H

om

elan

d S

ecurity

an

d A

rmed

S

ervices disch

arg

ed; co

mm

itted to

the C

om

mittee o

f the W

hole

Hou

se on

th

e S

tate

of

the

Un

ion

an

d ord

ered to

be

prin

ted


tman

n on

DS

KB

C07

HB

2PR

OD

with

BIL

LS

union calendar no. 426 th d congress session h. r. 5602

Documents