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116th Congress }                                       { Rept. 116-526
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                       { Part 1

======================================================================
 
               DOMESTIC TERRORISM PREVENTION ACT OF 2020

                                _______
                                

               September 21, 2020.--Ordered to be printed

                                _______
                                

    Mr. Nadler, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 5602]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 5602) 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, having considered the same, reports favorably 
thereon with an amendment and recommends that the bill as 
amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     7
Background and Need for the Legislation..........................     8
Hearings.........................................................    14
Committee Consideration..........................................    14
Committee Votes..................................................    15
Committee Oversight Findings.....................................    21
New Budget Authority and Tax Expenditures and Congressional 
  Budget Office Cost Estimate....................................    21
Duplication of Federal Programs..................................    21
Performance Goals and Objectives.................................    21
Advisory on Earmarks.............................................    21
Section-by-Section Analysis......................................    22
Changes in Existing Law Made by the Bill, as Reported............    24
Committee Correspondence.........................................    27

    The amendment is as follows:
  Strike all that follows after the enacting clause and insert 
the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Domestic Terrorism Prevention Act of 
2020''.

SEC. 2. FINDINGS.

  Congress finds the following:
          (1) Recent reports have demonstrated that White supremacists 
        and other far-right-wing extremists are the most significant 
        domestic terrorism threat facing the United States, including--
                  (A) a February 22, 2019, New York Times op-ed, by a 
                Trump Administration United States Department of 
                Justice official, who wrote that ``white supremacy and 
                far-right extremism are among the greatest domestic-
                security threats facing the United States. Regrettably, 
                over the past 25 years, law enforcement, at both the 
                Federal and State levels, has been slow to respond. . . 
                . Killings committed by individuals and groups 
                associated with far-right extremist groups have risen 
                significantly.'';
                  (B) an April 2017 Government Accountability Office 
                report on the significant, lethal threat posed by 
                domestic violent extremists, which--
                          (i) explained that ``[s]ince September 12, 
                        2001, the number of fatalities caused by 
                        domestic violent extremists has ranged from 1 
                        to 49 in a given year.''; and
                          (ii) noted that ``[F]atalities resulting from 
                        attacks by far right wing violent extremists 
                        have exceeded those caused by radical Islamist 
                        violent extremists in 10 of the 15 years, and 
                        were the same in 3 of the years since September 
                        12, 2001. Of the 85 violent extremist incidents 
                        that resulted in death since September 12, 
                        2001, far right wing violent extremist groups 
                        were responsible for 62 (73 percent) while 
                        radical Islamist violent extremists were 
                        responsible for 23 (27 percent).''; and
                  (C) an unclassified May 2017 joint intelligence 
                bulletin from the Federal Bureau of Investigation and 
                the Department of Homeland Security, which found that 
                ``white supremacist extremism poses [a] persistent 
                threat of lethal violence,'' and that White 
                supremacists ``were responsible for 49 homicides in 26 
                attacks from 2000 to 2016 . . . more than any other 
                domestic extremist movement''.
          (2) Recent domestic terrorist attacks include--
                  (A) the August 5, 2012, mass shooting at a Sikh 
                gurdwara in Oak Creek, Wisconsin, in which a White 
                supremacist shot and killed 6 members of the gurdwara;
                  (B) the April 13, 2014, mass shooting at a Jewish 
                community center and a Jewish assisted living facility 
                in Overland Park, Kansas, in which a neo-Nazi shot and 
                killed 3 civilians, including a 14-year-old teenager;
                  (C) the June 8, 2014, ambush in Las Vegas, Nevada, in 
                which 2 supporters of the far-right-wing ``patriot'' 
                movement shot and killed 2 police officers and a 
                civilian;
                  (D) the June 17, 2015, mass shooting at the Emanuel 
                AME Church in Charleston, South Carolina, in which a 
                White supremacist shot and killed 9 members of the 
                church;
                  (E) the November 27, 2015, mass shooting at a Planned 
                Parenthood clinic in Colorado Springs, Colorado, in 
                which an anti-abortion extremist shot and killed a 
                police officer and 2 civilians;
                  (F) the March 20, 2017, murder of an African-American 
                man in New York City, allegedly committed by a White 
                supremacist who reportedly traveled to New York ``for 
                the purpose of killing black men'';
                  (G) the May 26, 2017, attack in Portland, Oregon, in 
                which a White supremacist allegedly murdered 2 men and 
                injured a third after the men defended 2 young women 
                whom the individual had targeted with anti-Muslim hate 
                speech;
                  (H) the August 12, 2017, attacks in Charlottesville, 
                Virginia, in which--
                          (i) a White supremacist killed one and 
                        injured nineteen after driving his car through 
                        a crowd of individuals protesting a neo-Nazi 
                        rally, and of which former Attorney General 
                        Jeff Sessions said, ``It does meet the 
                        definition of domestic terrorism in our 
                        statute.''; and
                          (ii) a group of 6 men linked to militia or 
                        White supremacist groups assaulted an African-
                        American man who had been protesting the neo-
                        Nazi rally in a downtown parking garage;
                  (I) the July 2018 murder of an African-American woman 
                from Kansas City, Missouri, allegedly committed by a 
                White supremacist who reportedly bragged about being a 
                member of the Ku Klux Klan;
                  (J) the October 24, 2018, shooting in Jeffersontown, 
                Kentucky, in which a White man allegedly murdered 2 
                African Americans at a grocery store after first 
                attempting to enter a church with a predominantly 
                African-American congregation during a service;
                  (K) the October 27, 2018, mass shooting at the Tree 
                of Life Synagogue in Pittsburgh, Pennsylvania, in which 
                a White nationalist allegedly shot and killed 11 
                members of the congregation;
                  (L) the April 27, 2019, shooting at the Chabad of 
                Poway synagogue in California, in which a man yelling 
                anti-Semitic slurs allegedly killed a member of the 
                congregation and wounded 3 others;
                  (M) the August 3, 2019, mass shooting at a Walmart in 
                El Paso, Texas, in which a White supremacist with anti-
                immigrant views killed 22 people and injured 26 others;
                  (N) the December 10, 2019, shooting at a Kosher 
                supermarket in Jersey City, New Jersey, in which 2 men 
                with anti-Semitic views killed 3 people in the store 
                and a law enforcement officer in an earlier encounter; 
                and
                  (O) the December 28, 2019, machete attack at a 
                Hanukkah celebration in Monsey, New York, in which a 
                man who had expressed anti-Semitic views stabbed 5 
                individuals.
          (3) In November 2019, the Federal Bureau of Investigation 
        released its annual hate crime incident report, which found 
        that in 2018, violent hate crimes reached a 16-year high. 
        Though the overall number of hate crimes decreased slightly 
        after three consecutive years of increases, the report found a 
        4-percent increase in aggravated assaults, a 15-percent 
        increase in simple assaults, and a 13-percent increase in 
        intimidation. There was also a nearly 6-percent increase in 
        hate crimes directed at LGBTQ individuals and a 14-percent 
        increase in hate crimes directed at Hispanic and Latino 
        individuals. Nearly 60 percent of the religion-based hate 
        crimes reported targeted American Jews and Jewish institutions. 
        The previous year's report found that in 2017, hate crimes 
        increased by approximately 17 percent, including a 23-percent 
        increase in religion-based hate crimes, an 18-percent increase 
        in race-based crimes, and a 5-percent increase in crimes 
        directed against LGBTQ individuals. The report analyzing 2016 
        data found that hate crimes increased by almost 5 percent that 
        year, including a 19-percent rise in hate crimes against 
        American Muslims. Similarly, the report analyzing 2015 data 
        found that hate crimes increased by 6 percent that year. Much 
        of the 2015 increase came from a 66-percent rise in attacks on 
        American Muslims and a 9-percent rise in attacks on American 
        Jews. In all 4 reports, race-based crimes were most numerous, 
        and those crimes most often targeted African Americans.
          (4) On March 15, 2019, a White nationalist was arrested and 
        charged with murder after allegedly killing 50 Muslim 
        worshippers and injuring more than 40 in a massacre at the Al 
        Noor Mosque and Linwood Mosque in Christchurch, New Zealand. 
        The alleged shooter posted a hate-filled, xenophobic manifesto 
        that detailed his White nationalist ideology before the 
        massacre. Prime Minister Jacinda Ardern labeled the massacre a 
        terrorist attack.
          (5) In January 2017, a right-wing extremist who had expressed 
        anti-Muslim views was charged with murder for allegedly killing 
        6 people and injuring 19 in a shooting rampage at a mosque in 
        Quebec City, Canada. It was the first-ever mass shooting at a 
        mosque in North America, and Prime Minister Trudeau labeled it 
        a terrorist attack.
          (6) On February 15, 2019, Federal authorities arrested U.S. 
        Coast Guard Lieutenant Christopher Paul Hasson, who was 
        allegedly planning to kill a number of prominent journalists, 
        professors, judges, and ``leftists in general''. In court 
        filings, prosecutors described Lieutenant Hasson as a 
        ``domestic terrorist'' who in an email ``identified himself as 
        a White Nationalist for over 30 years and advocated for 
        `focused violence' in order to establish a white homeland.''.
          (7) On November 3rd, 2019 a 24 year old man who authorities 
        say was among masked Antifa supporters attacking conservatives 
        at a June Demonstration in Portland, Oregon, was sentenced 
        Friday to nearly six years in prison in connection with brutal 
        assault. Gage Halupowski pleaded guilty to second-degree 
        assault after authorities accused him of using a weapon against 
        a conservative demonstrator who suffered blows to the head that 
        the victim claims left him with a concussion and cuts that 
        required 25 staples to close.
          (8) On December 12, 2019, an assailant involved in the 
        prolonged firefight in Jersey City, NJ, that left six people 
        dead, including one police officer, was linked on Wednesday to 
        the Black Hebrew Israelite movement, and had public anti-
        Semitic posts online, a law enforcement official said.
          (9) On February 8, 2020, A gunman stormed a NYPD precinct 
        after firing at police van, wounding 2. The police commissioner 
        called the Bronx rampage an ``assassination attempt,'' on law 
        enforcement.

SEC. 3. 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. 4. 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 1 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), including 
                        the specific classification or subcategory for 
                        each case.
          (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. 5. 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 4(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 4(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. 6. 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. 7. 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 3 of the Domestic Terrorism Prevention Act of 2020).''.

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.

                          Purpose and Summary

    The need to fight domestic terrorism in America is 
increasingly urgent. Over the course of the 116th Congress, the 
Committee has investigated this issue, including conducting a 
hearing entitled ``Hate Crimes and the Rise of White 
Nationalism'' on April 9, 2019. In the hearing witnesses 
highlighted Congress' critical role in addressing the 
disturbing increase in white supremacist violence, provided 
examples of how hate groups have proliferated inside the United 
States, and detailed how social media platforms have become 
dangerous recruiting tools in the white nationalist movement. 
Additionally, the Committee heard testimony from communities 
that have been systematically targeted by white nationalist 
groups. Since that time a number of additional horrific white 
supremacist attacks have occurred.\1\ The shooting spree at a 
Walmart in El Paso, Texas, last August, which left 22 people 
dead and 24 more wounded, marked the deadliest attack in modern 
times against the Latino community in the United States.\2\ The 
El Paso attack was also the third deadliest act of violence by 
a domestic extremist in more than 50 years.\3\ In addition, 
since the deadly rampage at Pittsburgh's Tree of Life 
synagogue, at least 16 white supremacists have been arrested 
for their alleged roles in terrorist plots, attacks or threats 
against the Jewish community.\4\ And, over the last decade, 
right-wing extremists have been responsible for 75 percent of 
all domestic extremist-related murders.\5\ These attacks are a 
stark demonstration of the threat white supremacist 
organizations pose.
---------------------------------------------------------------------------
    \1\Murder and Extremism in the United States in 2019, Anti-
Defamation League (Feb. 2020), https://www.adl.org/murder-and-
extremism-2019#introduction-murder-and-extremism-in-the-united-states-
in-2019.
    \2\Id.
    \3\Id.
    \4\One Year After the Tree of Life Attack, American Jews Face 
Significant Threats, Anti-Defamation League (Oct. 18, 2019), https://
lasvegas.adl.org/news/adl-report-right-wing-extremists-killed-38-
people-in-2019-far-surpassing-all-other-murderous-extremists/.
    \5\See Murder and Extremism in the United States in 2019.
---------------------------------------------------------------------------
    With three-fourths of all domestic terrorist attacks coming 
from white supremacists, the federal government must allocate 
its resources to the most deadly threats. H.R. 5602 authorizes 
the collection of data, call for the results of the data 
collection to be published, and requires the FBI to focus its 
resources on the greatest threats. Additionally, H.R. 5602 
authorizes the creation of three offices, one each within the 
Department of Homeland Security (DHS), the Department of 
Justice (DOJ), and the Federal Bureau of Investigation (FBI), 
to monitor, investigate and prosecute cases of domestic 
terrorism. The newly created offices will provide Congress 
joint biannual reports assessing the state of domestic 
terrorism threats, with a specific focus on white supremacists.

                Background and Need for the Legislation


     I. DOJ'S HATE CRIMES & DOMESTIC TERRORISM ENFORCEMENT REGIMEN

    The DOJ was created in the post-Civil War era, motivated, 
at least in part, by Congress' intent to enforce the 
Reconstruction Amendments and to have an entity within the 
Executive Branch to serve as a ``champion'' of civil rights.\6\ 
To this day, DOJ serves as the Nation's chief law enforcement 
organization and carries out the United States' efforts to 
protect civil rights and it does so through various divisions, 
sections, and offices. The FBI's Criminal Investigative 
Division (CID) investigates cases involving a variety of 
criminal statutes that make it illegal to interfere with any 
person who is participating in a federally protected activity, 
such as public education, employment, jury service, travel, or 
the enjoyment of public accommodations, or helping another 
person to do so, based on their race or perceived race.\7\ CID 
also investigates crimes allegedly committed because of the 
actual or perceived religion, national origin, gender, sexual 
orientation, gender identity, or disability of any person, 
where the crime occurred within a federal jurisdiction.\8\
---------------------------------------------------------------------------
    \6\Seth P. Waxman, Twins at Birth: Civil Rights and the Role of the 
Solicitor General, 75 Ind. L.J. 1297, 1297, 1300-01 (2000) (footnote 
omitted).
    \7\18 U.S.C. Sec. 245 (2018).
    \8\18 U.S.C. Sec. 249 (2018).
---------------------------------------------------------------------------
    Following the passage of the Civil Rights Act of 1957, DOJ 
created the Civil Rights Division (CRT).\9\ Along with 
individual U.S. Attorney's Offices, the Criminal Section of CRT 
prosecutes hate crimes investigated by CID, and has prosecuted 
a number of high profile hate crimes, including prosecutions 
following the Tree of Life Synagogue massacre, the mass 
shooting in El Paso, and the Victoria Mosque arson.\10\
---------------------------------------------------------------------------
    \9\Civil Rights Act of 1957, Pub. L. No. 85-315, 71 Stat. 634 
(1957).
    \10\U.S. DOJ, Justice News, Additional Charges Filed in Tree of 
Life Synagogue Shooting (Jan. 29, 2019), https://www.justice.gov/opa/
pr/additional-charges-filed-tree-life-synagogue-shooting; U.S. Dept. of 
Justice, Justice News, Texas Man Charged with Federal Hate Crimes and 
Firearm Offenses Related to August 3, 2019, Mass-Shooting in El Paso 
(Feb. 6, 2020), https://www.justice.gov/opa/pr/texas-man-charged-
federal-hate-crimes-and-firearm-offenses-related-august-3-2019-mass; 
U.S. Dept. of Justice, Justice News, Texas Man Sentenced to Almost 25 
Years for Hate Crime in Burning Down Mosque in Victoria, Texas (Oct. 
17, 2018), https://www.justice.gov/opa/pr/texas-man-sentenced-almost-
25-years-hate-crime-burning-down-mosque-victoria-texas.
---------------------------------------------------------------------------
    The Department's manner of prosecuting terrorism cases has 
changed substantially in the last 20 years. Before the 
September 11th attacks, the United States generally 
distinguished international and domestic terrorism matters by 
the type of alleged perpetrator. The FBI labeled foreign-born 
or foreign-based terrorists as ``international terrorists,'' 
while federal authorities considered acts of domestic terror as 
a subset of criminal behavior.\11\ Following the September 11th 
attacks, Congress enacted the USA PATRIOT Act of 2001 (Patriot 
Act), which ushered in a dramatic shift in law enforcement 
authority.\12\ Title VIII of the Patriot Act changed the 
definition of domestic terrorism, added a number of crimes to 
the list of those labeled terrorism, and criminalized 
cyberterrorism.
---------------------------------------------------------------------------
    \11\National Consortium for the Study of Terrorism and Responses to 
Terrorism, Patterns of Intervention in Federal Terrorism Cases 7 (Aug. 
2011), https://www.dhs.gov/sites/default/files/publications/
OPSR_TP_Countermeasures-Patterns-Intervention-Federal-Terrorism-
Cases_Aug2011-508.pdf.
    \12\USA Patriot Act, Pub. L. No. 107-56, 115 Stat. 272 (2001).
---------------------------------------------------------------------------
    In 2005, the FBI established the National Security Branch 
(NSB) to merge its Counterterrorism Division, 
Counterintelligence Division, Directorate of Intelligence, 
Weapons of Mass Destruction Directorate, and Terrorist 
Screening Center. Only a year later, the DOJ created the 
National Security Division (NSD), which similarly brought 
together prosecution-focused counterterrorism operations and 
the Foreign Intelligence Surveillance Act (FISA) litigation 
sections. The NSB and NSD form the vanguard of the Nation's 
efforts to prevent and prosecute terrorism cases.
    In the last year, the FBI has changed the way it approaches 
domestic terrorism. In his testimony to the Senate Homeland 
Security Committee in 2019, FBI Director Christopher Wray, 
noted that terrorism, including domestic terrorism, remains the 
FBI's primary focus.\13\ Director Wray noted that white 
supremacists constitute the largest share of domestic 
terrorists and that white supremacists have perpetrated the 
``most lethal'' attacks in the last few years.\14\ According to 
Director Wray, the FBI arrested 107 individuals during fiscal 
year 2019 in connection with domestic terrorism investigations, 
which was ``close to the same number on the international 
terrorism front.''\15\ At any given time, the FBI has ``about 
900 [open] domestic terrorism investigations,'' a ``huge 
chunk'' of which ``involve racially motived violent 
extremists.''\16\ Of these, the most lethal ``over the last few 
years'' have involved white supremacists.\17\
---------------------------------------------------------------------------
    \13\Threats to the Homeland Before the S. Homeland Security & Gov. 
Aff. Comm., 116th Cong. (2019) (statement of Christopher Wray, FBI 
Director).
    \14\Id.
    \15\Id. Prior to this testimony, FBI Assistant Director for 
Counterterrorism Michael McGarrity testified before the Committee on 
Homeland Security that the FBI was investigating 850 domestic terrorism 
cases--and of those, about 40 percent involved racially motivated 
extremism, mostly white supremacist extremism. Confronting the Rise of 
Domestic Terrorism in the Homeland before the Comm. on Homeland Sec, 
116th Cong. (2019) (statement of Michael McGarrity, FBI Assistant 
Director). https://homeland.house.gov/activities/hearings/confronting-
the-rise-of-domestic-terrorism-in-the-homeland.
    \16\Id.
    \17\Id.
---------------------------------------------------------------------------

      II. HATE CRIMES AND DOMESTIC TERRORISM STATUTORY AUTHORITIES

    Federal law defines domestic terrorism as involving acts 
that are ``dangerous to human life that are a violation of the 
criminal laws of the United States or of any State; appear to 
be intended to intimidate or coerce a civilian population; to 
influence the policy of a government by intimidation or 
coercion; or to affect the conduct of a government by mass 
destruction, assassination, or kidnapping; and occur primarily 
within the territorial jurisdiction of the United States.''\18\
---------------------------------------------------------------------------
    \18\18 U.S.C Sec. 2331(5) (2018).

          While domestic terrorism is defined in federal law, 
        the definition does not accompany an associated crime 
        or prohibitive behavior. Rather, absent an explicit 
        crime prohibiting domestic terrorism, federal 
        authorities charge terrorism acts, whether domestic or 
        international in nature, under two laws that prohibit 
        terrorism-related acts. The first statute, which passed 
        in 1994, criminalizes material support of one of 57 
        underlying terrorism-related crimes.\19\
---------------------------------------------------------------------------
    \19\18 U.S.C. Sec. 2339A (2018); 18 U.S.C. Sec. 2332b(g) (2018).

    Of 57 predicate terrorism offenses referenced in Section 
2339A of Title 18 of the United States Code federal prosecutors 
may use 51 of the offenses to charge domestic terrorism.\20\ 
The underlying predicate terrorism crimes include: maliciously 
damaging, destroying by means of fire or explosive any building 
or personal property used in interstate or foreign 
commerce;\21\ hostage taking;\22\ or willful or malicious 
destruction of any of the works, property, or material of any 
communication line, station, or system.\23\ While the vast 
majority of those charged under Sec. 2339A have been 
internationally based, DOJ has charged at least four 
individuals for domestic crimes under these statutes.\24\ The 
FBI also uses a second statute, 18 U.S.C. Sec. 2339B, to 
investigate international terrorism. Despite the international 
focus of section 2339B, DOJ has also charged domestically based 
United States citizens under this statute.\25\
---------------------------------------------------------------------------
    \20\Michael German & Sara Robinson, Wrong Priorities on Fighting 
Terrorism, Brennan Ctr. 5 (Oct. 31, 2018), https://
www.brennancenter.org/publication/wrong-priorities-fighting-terrorism.
    \21\18 U.S.C. Sec. 844(i) (2018).
    \22\18 U.S.C. Sec. 1203 (2018).
    \23\18 U.S.C. Sec. 1362 (2018).
    \24\See German & Robinson, supra note 15, at 8.
    \25\See id.
---------------------------------------------------------------------------
    Section 5602 of the National Defense Authorization Act for 
Fiscal Year 2020, which was sponsored by Representative Bennie 
Thompson and signed into law by President Trump in January 
2020, included a domestic terrorism reporting requirements.\26\ 
The 2020 NDAA provisions require the FBI and DHS, along with 
the Director of National Intelligence, to jointly track, manage 
and report on instances of domestic terrorism in the United 
States.\27\ The three agencies must produce an initial report 
within 180 days of the bill's enactment that includes a full 
analysis of any completed or attempted instances of domestic 
terrorism.\28\ Subsequent reports required pursuant to the NDAA 
must be submitted annually and must include information on 
training that these agencies provide to state and federal law 
enforcement agencies.\29\ Notably, the NDAA amendments make 
clear that these documents and reports shall, to the extent 
possible, be unclassified and publicly available.\30\
---------------------------------------------------------------------------
    \26\National Defense Authorization Act for Fiscal Year 2020, 
S.1790, 116th Cong. Sec. 5602 (2019).
    \27\See id. at Sec. 5602.a-b.
    \28\See id. at Sec. 5602.a-b, e.
    \29\See id. at Sec. 5602.d (yearly publication for 5 years).
    \30\See id. at Sec. 5602.e.
---------------------------------------------------------------------------

               III. CONGRESSIONAL REPORTING DEFICIENCIES

    From the mid-1980s through the 2000s, the FBI issued an 
annual report, Terrorism, which provided insight on both 
domestic and international terrorist threats.\31\ Despite its 
great value, the publication was discontinued in 2005, leaving 
a dearth of clearly tracked information. In February 2019, 
House Homeland Security Committee Chairman, Bennie Thompson, 
and House Judiciary Committee Chairman, Jerrold Nadler, sent a 
letter to FBI Director Wray, inquiring about the 
discontinuation of this reporting.\32\ In a March 27, 2019 
response, Director Wray cited ``resource allocation issues'' as 
the reason for its discontinuation.\33\
---------------------------------------------------------------------------
    \31\FBI, Terrorism 2002/2005, https://www.fbi.gov/stats-services/
publications/terrorism-2002-2005 (last visited Feb. 26, 2020).
    \32\Letter from Chairman Bennie Thompson, H. Comm. on Homeland 
Security, & Chairman Jerrold Nadler, H. Comm. on the Judiciary, to FBI 
Director Christopher Wray (Feb. 14, 2019) (on file with H. Comm. on the 
Judiciary Democratic staff).
    \33\Letter from FBI Director Christopher Wray to Chairman Jerrold 
Nadler, H. Comm. on the Judiciary (Mar. 27, 2019) (on file with H. 
Comm. on the Judiciary Democratic staff).
---------------------------------------------------------------------------

              IV. ``BLACK IDENTITY EXTREMIST'' DESIGNATION

    During Attorney General Jeff Sessions' tenure, the FBI's 
counterterrorism intelligence gathering came under heavy 
criticism. In an August 2017 Intelligence Assessment 
(Assessment) the FBI's Counterterrorism Division designated 
``Black Identity Extremists'' as a modern iteration of groups 
such as the Black Liberation Army, which was involved in a 
number of violent incidents in the 1970s. Based on a number of 
high-profile cases involving police use of force against 
African-American individuals, the FBI speculated in the 
Assessment--which was leaked to the press--that there may be a 
resurgence of attacks by what the FBI gave the new label 
``Black Identity Extremists.''\34\ Civil rights and civil 
liberties groups roundly criticized the Assessment, both for 
the rhetoric it used, and for the FBI's apparent unwarranted 
focus on protest groups largely made up of African 
Americans.\35\ The Congressional Black Caucus also expressed 
concerns, including that the Assessment conflated black 
Americans exercising free speech with violent extremism.\36\ 
There are no specific ``black identity extremist'' groups named 
in the report nor did the report describe any shared ideology 
or name any leaders. The report further reinforced repeated 
concerns voiced by advocates that the FBI was unnecessarily 
surveilling leaders in Black Lives Matter protests.
---------------------------------------------------------------------------
    \34\FBI, Intelligence Assessment, Black Identity Extremists Likely 
Motivated to Target Law Enforcement (Aug. 3, 2017), https://
www.documentcloud.org/documents/4067711-BIE-Redacted.html.
    \35\See e.g., Andrew Cohen, The FBI's New Fantasy: `Black Identity 
Extremists', Brennan Center (Oct. 11, 2017), https://
www.brennancenter.org/blog/fbi-new-fantasy-black-identity-extremists.
    \36\See Letter from the Congressional Black Caucus to Christopher 
Wray (Oct. 13, 2017), https://cbc.house.gov/uploadedfiles/
cbc_rm_thompson_cummings_conyers_letter_to_fbi_re_intel_assessment.pdf.
---------------------------------------------------------------------------
    In April 2019, the FBI notified Congressional staff that it 
was modifying how it categorized hate crimes incidents. In his 
testimony before the House Judiciary Committee in February 
2020, Director Wray confirmed that the FBI has collapsed the 
previous nine categories it used to identify hate crime 
incidents into four categories.\37\ The new categories are: (1) 
racially-motivated violent extremism; (2) anti-government/anti-
establishment extremism; (3) animal rights and environmental 
extremism; and (4) abortion extremism. Director Wray also 
described an additional category, ``other domestic terrorism,'' 
which would encompass, for instance, attempted mail 
bombings.\38\
---------------------------------------------------------------------------
    \37\Oversight of the Federal Bureau of Investigation Before the H. 
Jud. Comm., 116th Cong. (2020) (statement of Christopher Wray, FBI 
Director).
    \38\Id.
---------------------------------------------------------------------------

                   V. WHITE SUPREMACY IN THE MILITARY

    Servicemember participation in white supremacist 
organizations dates back to a time well before 1948, when 
President Truman ordered the integration of the military 
branches.\39\ The Ku Klux Klan openly recruited members of the 
military through the 1980s.\40\ In 1986, the Defense Department 
began efforts to stem servicemembers' participation in white 
supremacist organizations when Defense Secretary Caspar 
Weinberger ordered military personnel to reject these 
organizations.\41\ Commanders inconsistently applied the 1986 
directive, thus allowing some white supremacists to continue to 
serve.\42\ After the 1995 Oklahoma City bombing, the Department 
of Defense explicitly banned servicemembers from participating 
in white supremacist organizations.\43\ This policy largely 
remains in place.
---------------------------------------------------------------------------
    \39\Exec. Order No. 9981, 3 C.F.R. Sec.  772 (1941-1948).
    \40\Dave Philipps, White Supremacism in the U.S. Military, 
Explained, N.Y. Times, (Feb. 27, 2019), at A22.
    \41\U.S. Dep't of Def., Dir. 1325.6, Guidelines for Handling 
Dissident and Protest Activities Among Members of The Armed Forces (12 
Sept 1969) (change 2) (Sept. 8, 1986) (on file with DoD).
    \42\See e.g., Phil Stewart & Missy Ryan, Wisconsin Shooting Suspect 
Discharged from Army in 1998, Reuters (Aug. 6, 2012), https://
www.reuters.com/article/us-usa-wisconsin-shooting-army-
idUSBRE87K04Y20120821
    \43\U.S. Dep't of Def., Dir. 1325.6, Guidelines for Handling 
Dissident and Protest Activities Among Members of The Armed Forces 
(Oct. 1, 1996), https://biotech.law.lsu.edu/blaw/dodd/corres/pdf/
d13256--100196/d13256p.pdf.
---------------------------------------------------------------------------
    Recent attacks by former servicemembers have brought 
renewed attention to the military's response to white 
supremacists within its ranks. In November 2015, Frazier Miller 
was sentenced to death on murder charges after he killed three 
people during an April 13, 2014, attack on a Jewish community 
center facilities in Overland Park, Kansas.\44\ Miller served 
20 years in the U.S. Army, including 13 years as a Green Beret, 
and later went on to found a chapter of the Ku Klux Klan.\45\ 
Wade Michael Page, an Army veteran and an avowed white 
supremacist, killed six Sikh worshipers in a 2012 attack of the 
gurdwara (Sikh temple) in Oak Creek, Wisconsin, and was 
reportedly radicalized while in uniform.\46\ More recently, a 
number of then-current and former servicemembers were linked in 
2017 to the Atomwaffen Division, a violent white supremacist 
group.\47\ Yet, the Department of Defense (DoD) reported to 
Congress that only 18 servicemembers have been discharged for 
extremist activity over the past five years.\48\ A recent poll 
of servicemembers by the Military Times found that more than 
one-third of active-duty troops and more than half of 
servicemembers of color said that they have witnessed examples 
of white nationalism or ideologically driven racism within the 
ranks.\49\
---------------------------------------------------------------------------
    \44\Steven Yaccino & Dan Barry, Bullets, Blood and Then Cry of 
`Heil Hitler', N.Y. Times (Apr. 14, 2014), at A1.
    \45\Id.
    \46\Erica Goode & Serge F. Kovaleski, Wisconsin Killer Fed and Was 
Fueled by Hate-Driven Music, N.Y. Times (Aug. 6, 2012), https://
www.nytimes.com/2012/08/07/us/army-veteran-identified-as-suspect-in-
wisconsin-shooting.html; Marilyn Elias, Sikh Temple Killer Wade Michael 
Page Radicalized in Army, S. Poverty L. Ctr. (Nov. 11, 2012), https://
www.splcenter.org/fighting-hate/intelligence-report/2012/sikh-temple-
killer-wade-michael-page-radicalized-army.
    \47\A.C. Thompson, et al., Ranks of Notorious Hate Group Include 
Active-Duty Military, ProPublica (May 3, 2018), https://
www.propublica.org/article/atomwaffen-division-hate-group-active-duty-
military.
    \48\Philipps, supra note 30.
    \49\Leo Shane III, Signs of White Supremacy, Extremism Up Again in 
Poll of Active-Duty Troops, Military Times (Feb. 6, 2020), https://
www.militarytimes.com/news/pentagon-congress/2020/02/06/signs-of-white-
supremacy-extremism-up-again-in-poll-of-active-duty-troops/.
---------------------------------------------------------------------------
    On February 11, 2020, the House Subcommittee on Military 
Personnel held a hearing, entitled ``Alarming Incidents of 
White Supremacy in the Military--How to Stop It?,'' on white 
supremacy in the U.S Armed Forces. Employees of the Department 
of Defense and various branches of the Armed Services, as well 
as researchers specializing in military extremism testified 
about the rise in white supremacist ideology among both active 
and retired servicemen and women.\50\ During the hearing, DoD 
representatives from the criminal investigations divisions of 
the represented military branches acknowledged that their 
respective agencies do not generally pursue investigations into 
military personnel who are members of, or who share the 
ideologies of, extremist groups. They testified that 
investigations are opened only when instances of activity or 
active participation (fundraising, attending rallies, having 
tattoos, etc.) in these white supremacist or extremist 
ideologies are identified.\51\ Even in those circumstances, 
where the DoD confirms active participation, removal from 
military service is not required.\52\
---------------------------------------------------------------------------
    \50\Alarming Incidents of White Supremacy in the Military--How to 
Stop It? Before H. Armed Serv. Subcomm. on Military Personnel, 116th 
Cong. (2020), https://armedservices.house.gov/2020/2/subcommittee-on-
military-personnel-hearing-alarming-incidents-of-white-supremacy-in-
the-military-how-to-stop-it.
    \51\Id.
    \52\Id.
---------------------------------------------------------------------------
    In 2019, however, Cory Reeves, an airman in the U.S. Air 
Force, was identified as an active fundraiser for the white 
nationalist group Identity Evropa. Although Reeves was 
initially only demoted for his white supremacist activities, an 
Air Force administrative discharge board recommended his 
discharge from service in February of 2020.\53\ The Marine 
Corps has faced issues as well, dishonorably discharging a 
number of Marines who have been found espousing white 
supremacist beliefs over the past few years, including an 
individual who, online, had praised Nazis and discussed running 
over demonstrators.\54\
---------------------------------------------------------------------------
    \53\Stephen Losey, EOD Marine Separated for Ties to White 
Supremacist Groups, Air Force Times (Apr. 19, 2018), https://
www.marinecorpstimes.com/news/your-marine-corps/2018/04/19/eod-marine-
separated-for-ties-to-white-supremacist-groups/.
    \54\Shawn Snow, Board Recommends Discharge of Airman with White 
Nationalist Ties, Air Force Times (Feb. 24, 2020), https://
www.airforcetimes.com/news/your-air-force/2020/02/24/board-recommends-
discharge-of-airman-with-white-nationalist-ties/. Shawn Snow, Another 
Marine is Being Investigated for Neo-Nazi Ties Amid Military Concerns 
About White Supremacy, Marine Times (Feb. 26, 2019), https://
www.marinecorpstimes.com/news/your-marine-corps/2019/02/26/another-
marine-is-being-investigated-for-neo-nazi-ties-amid-concerns-about-
white-supremacy-in-the-ranks/.
---------------------------------------------------------------------------

                 VI. WHITE SUPREMACY IN LAW ENFORCEMENT

    White supremacists have long sought to infiltrate law 
enforcement agencies.\55\ According to a leaked document 
drafted by the FBI Counter Terrorism Division, infiltration by 
members of white supremacist groups continues to pose a threat 
to law enforcement agencies around the country.\56\ Currently, 
there is no federal database that tracks attempts by white 
supremacists to infiltrate law enforcement agencies. In the 
absence of formal tracking, several organizations and media 
outlets published investigative findings on law enforcement 
officers who have engaged in racist, nationalist, or white 
supremacists activity.\57\ These efforts have uncovered 
hundreds of white supremacists who are currently employed or 
retired law enforcement and have prompted agencies across the 
nation to open internal inquiries into officer conduct, in some 
instances leading to termination of employment.\58\
---------------------------------------------------------------------------
    \55\Vida B. Johnson, The Epidemic of White Supremacist Police, The 
Appeal (Aug. 7, 2017), https://theappeal.org/the-epidemic-of-white-
supremacist-police-4992cb7ad97a/.
    \56\Michelle Fox, Texas Officers Fired for Membership in KKK, ABC 
News (Jan. 7, 2006), https://abcnews.go.com/US/story?id=93046&page=1; 
See Vida B. Johnson, The Epidemic of White Supremacist Police; See Vida 
B. Johnson, KKK in The PD; Alice Speri, The FBI Has Queitly 
Investigated White Supremacist Infiltration of Law Enforcement, The 
Intercept (Jan. 31, 2017), https://theintercept.com/2017/01/31/the-fbi-
has-quietly-investigated-white-supremacist-infiltration-of-law-
enforcement/.
    \57\Will Carless & Michael Corey, To Protect and Slur, Reveal News 
(June 14, 2019), https://www.revealnews.org/article/inside-hate-groups-
on-facebook-police-officers-trade-racist-memes-conspiracy-theories-and-
islamophobia/; Emily Hoerner & Rick Tulsky, Cops Across The US Have 
Been Exposed Posting Racist and Violent Thins On Facebook. Here's the 
Proof., BuzzFeed News (June 1, 2019), https://www.buzzfeednews.com/
article/emilyhoerner/police-facebook-racist-violent-posts-comments-
philadelphia.
    \58\See Will Carless & Michael Corey, To Protect and Slur; 
Hatewatch Staff, City of Anniston Fires Police Officer for Membership 
in Hate Group, ACLU (June 19, 2015), https://www.splcenter.org/
hatewatch/2015/06/18/city-anniston-fires-police-officer-membership-
hate-group.
---------------------------------------------------------------------------
    More recently, following the death of George Floyd on May 
25, 2020, law enforcement agencies have faced additional 
scrutiny, with particular focus on the presence of racism and 
white supremacy among some law enforcement officers. A number 
of published reports have discovered examples of law 
enforcement officers who espouse white supremacist beliefs. One 
such example that has received nationwide attention involves 
three law enforcement officers in Wilmington, North Carolina, 
who made racist remarks on tape and urged civil strife.\59\
---------------------------------------------------------------------------
    \59\Jason Slotkin, North Carolina Police Chief Fires Three Officers 
Over Racist Comments Caught On Tape, NPR (Jun. 25, 2020), https://
www.npr.org/sections/live-updates-protests-for-racial-justice/2020/06/
25/883358818/wilmington-n-c-police-fires-three-officers-over-racist-
comments-caught-on-tape.
---------------------------------------------------------------------------

                                Hearings

    In compliance with section 103(i) of House Resolution 6, On 
April 9, 2019, the Judiciary Committee held a hearing titled, 
``Hate Crimes and the Rise of White Nationalism,'' to 
investigate the recent spread of white identity ideology, the 
effect white nationalist groups have had on impacted 
communities, and the increase in domestic terrorist acts 
motivated by hate.

                        Committee Consideration

    On March 11, 2020, the Committee met in open session and 
ordered the bill, H.R. 5602, favorably reported, an amendment 
in the nature of a substitute with one additional amendment, by 
a recorded vote of 24 to 2, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that the 
following votes occurred during the Committee's consideration 
of H.R. 5602.
    1. An amendment by Mr. Buck to supplement the finding 
section of the bill by adding a number of additional examples 
of extremist violence and in requiring the FBI to consider 
Antifa, anarchists, fascist, socialists, ant-Semites, and black 
supremacists in making the threat assessments required by the 
H.R. 5602, was defeated by a rollcall vote of 19 to 9.


    2. An amendment by Mr. Reschenthaler that would have added 
to a number of the bill's sections that require federal 
agencies to specifically review neo-Nazis, Antifa, and other 
violent hate organizations when assessing threats, was defeated 
by a rollcall vote of 16 to 10.


    3. Motion to report H.R. 5602, as amended, favorably was 
agreed to by a rollcall vote of 24 to 2.


                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report. These include conclusions 
by the Committee following the February 5, 2020, oversight 
hearing on the Federal Bureau of Investigation. The sole 
witness during February 5, 2020, hearing was the Honorable 
Christopher A. Wray, Director of the FBI.

  New Budget Authority and Tax Expenditures and Congressional Budget 
                          Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has requested 
but not received a cost estimate for this bill from the 
Director of Congressional Budget Office (CBO). The Committee 
has requested but not received from the Director of the CBO a 
statement as to whether this bill contains any new budget 
authority, spending authority, credit authority, or an increase 
or decrease in revenues or tax expenditures.

                    Duplication of Federal Programs

    No provision of H.R. 5602 establishes or reauthorizes a 
program of the Federal government known to be duplicative of 
another federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance. As detailed in the descriptive 
portions of this report, the Amendment in the Nature of a 
Substitute that the Committee favorably reported clarified the 
Committee's intent that the reporting requirements in H.R. 5602 
supplement those mandated in current law by Section 5602 of the 
National Defense Authorization Act for Fiscal Year 2020.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
5602 would facility the Federal government's ability to 
monitor, investigate, and prosecute incidents of domestic 
terrorism. Additionally, the bill requires the Department of 
Defense and the Attorney General to assess and report to 
Congress on the prevalence of white supremacist ideology in the 
military and federal law enforcement.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 5602 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI.

                      Section-by-Section Analysis

    The following discussion describes the bill as reported by 
the Committee.
    Sec. 1. Short Title. Section 1 of the bill contains the 
short title, the ``Domestic Terrorism Prevention Act of 2020''.
    Sec. 2. Findings. Section 2 of the bill makes a number of 
findings related to the significant domestic terrorism threat 
facing the United States, including that white supremacists and 
other far-right-wing extremists are the most significant 
domestic terrorism threat facing the country.
    Sec. 3. Definitions. Section 3 of the bill defines several 
terms, including ``domestic terrorism,'' which means 
``activities that'' (1) ``involve acts dangerous to human life 
that are a violation of the criminal laws of the United States 
or of any State;'' (2) ``appear to be intended . . . to 
intimidate or coerce a civilian population . . . to influence 
the policy of a government by intimidation or coercion . . . or 
to affect the conduct of a government by mass destruction, 
assassination, or kidnapping;'' and (3) ``occur primarily 
within the territorial jurisdiction of the United States''; and 
excludes acts perpetrated by individuals associated with or 
inspired by foreign terrorist organizations.
    Sec. 4. Offices to Combat Domestic Terrorism. Section 4 of 
the bill authorizes, for ten years, domestic terrorism offices 
within the Office of Intelligence and Analysis of DHS, the 
Counterterrorism Section of the National Security Division of 
DOJ, and the Counterterrorism Division of the FBI. 
Collectively, the offices are responsible for monitoring, 
analyzing, investigating, and prosecuting domestic terrorism. 
The Secretary of Homeland Security, the Attorney General, and 
the FBI Director must each ensure that the authorized offices 
are adequately staffed to perform their required duties, 
including at least one staffer dedicated to ensuring compliance 
with civil rights and civil liberties laws and regulations. All 
staff must undergo annual anti-bias training.
    This section also requires these offices to issue biannual 
reports to the House and Senate Judiciary, Homeland Security, 
and Intelligence Committees that assess 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); 
analyze domestic terrorism incidents that occurred in the 
previous six months; and provide transparency through a 
quantitative analysis of domestic terrorism-related 
assessments, investigations, incidents, arrests, indictments, 
prosecutions, convictions, and weapons recoveries, as well as 
an explanation of each individual case that progressed through 
more than one of those stages.
    This section clarifies that all hate crime incidents must 
be reviewed to determine whether an incident also constitutes a 
domestic terrorism-related incident. The joint report must be 
unclassified to the greatest extent possible, with a classified 
annex only if necessary. The unclassified portion of the joint 
report must be made available to the public online. If any 
provision is duplicative of another reporting provision already 
in law, the agencies shall provide for the most extensive 
reporting analysis.
    Additionally, this section codifies the Domestic Terrorism 
Executive Committee, which must meet at least four times per 
year to coordinate with United States Attorneys and other 
public safety officials to promote information sharing and 
ensure an effective, responsive, and organized joint effort to 
combat domestic terrorism.
    Finally, this section requires the DHS, DOJ, and FBI 
domestic terrorism offices to focus their limited resources on 
the most significant domestic terrorism threats, as determined 
by the number of domestic-terrorism-related incidents included 
in the joint report.
    Sec. 5. Training to Combat Domestic Terrorism. Section 5 of 
the bill requires the Secretary of Homeland Security, the 
Attorney General, and the FBI Director to review the anti-
terrorism training and resource programs that are provided by 
their respective agencies to Federal, State, local, and tribal 
law enforcement agencies (including the State and Local Anti-
Terrorism Program, funded by DOJ's Bureau of Justice 
Assistance) and ensure that such programs include training and 
resources to assist 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 training must focus on the most significant domestic 
terrorism threats, as determined by the joint report, and 
individuals providing the training must have expertise in 
domestic terrorism and relevant academic, law enforcement, or 
other community-based experience. Additionally, the Secretary 
of Homeland Security, the Attorney General, and the FBI 
Director must each submit a biannual report to the House and 
Senate Judiciary, Homeland Security, and Intelligence 
Committees on the training implemented by their respective 
agencies, including copies of all training materials used and 
the names and qualifications of the individuals who provide the 
training. The reports must be unclassified to the greatest 
extent possible, with a classified annex only if necessary. The 
unclassified portion of the reports must be made available to 
the public online.
    Sec. 6. Interagency Task Force. Section 6 of the bill 
directs, within 180 days, the Secretary of Homeland Security, 
the Attorney General, and the FBI Director, along with the 
Secretary of Defense, to establish an interagency task force to 
combat white supremacist and neo-Nazi infiltration of the 
uniformed services and federal law enforcement. The task force 
must report on its findings and response to the House and 
Senate Judiciary, Homeland Security, Intelligence, and Armed 
Services Committees within a year of its establishment. The 
report must be unclassified to the greatest extent possible, 
with a classified annex only if necessary. The unclassified 
portion of the report must be made available to the public 
online.
    Sec. 7. Department for Justice Support for Hate Crime 
Incidents with a Nexus to Domestic Terrorism. Section 7 of the 
bill provides the DOJ's Community Relations Service the ability 
to offer support to communities where DOJ has brought charges 
in a hate crime incident that has a nexus to domestic terrorism 
and directs the FBI to assign a special agent or hate crimes 
liaison to each FBI field office to investigate hate crime 
incidents with a nexus to domestic terrorism.
    Sec. 8. Authorization of Appropriations. Section 8 of the 
bill authorizes such sums as necessary to be appropriated to 
DHS, DOJ, the FBI, and DoD to carry out these requirements.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

                      TITLE 18, UNITED STATES CODE



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PART I--CRIMES

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CHAPTER 13--CIVIL RIGHTS

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Sec. 249. Hate crime acts

  (a) In General.--
          (1) Offenses involving actual or perceived race, 
        color, religion, or national origin.--Whoever, whether 
        or not acting under color of law, willfully causes 
        bodily injury to any person or, through the use of 
        fire, a firearm, a dangerous weapon, or an explosive or 
        incendiary device, attempts to cause bodily injury to 
        any person, because of the actual or perceived race, 
        color, religion, or national origin of any person--
                  (A) shall be imprisoned not more than 10 
                years, fined in accordance with this title, or 
                both; and
                  (B) shall be imprisoned for any term of years 
                or for life, fined in accordance with this 
                title, or both, if--
                          (i) death results from the offense; 
                        or
                          (ii) the offense includes kidnapping 
                        or an attempt to kidnap, aggravated 
                        sexual abuse or an attempt to commit 
                        aggravated sexual abuse, or an attempt 
                        to kill.
          (2) Offenses involving actual or perceived religion, 
        national origin, gender, sexual orientation, gender 
        identity, or disability.--
                  (A) In general.--Whoever, whether or not 
                acting under color of law, in any circumstance 
                described in subparagraph (B) or paragraph (3), 
                willfully causes bodily injury to any person 
                or, through the use of fire, a firearm, a 
                dangerous weapon, or an explosive or incendiary 
                device, attempts to cause bodily injury to any 
                person, because of the actual or perceived 
                religion, national origin, gender, sexual 
                orientation, gender identity, or disability of 
                any person--
                          (i) shall be imprisoned not more than 
                        10 years, fined in accordance with this 
                        title, or both; and
                          (ii) shall be imprisoned for any term 
                        of years or for life, fined in 
                        accordance with this title, or both, 
                        if--
                                  (I) death results from the 
                                offense; or
                                  (II) the offense includes 
                                kidnapping or an attempt to 
                                kidnap, aggravated sexual abuse 
                                or an attempt to commit 
                                aggravated sexual abuse, or an 
                                attempt to kill.
                  (B) Circumstances described.--For purposes of 
                subparagraph (A), the circumstances described 
                in this subparagraph are that--
                          (i) the conduct described in 
                        subparagraph (A) occurs during the 
                        course of, or as the result of, the 
                        travel of the defendant or the victim--
                                  (I) across a State line or 
                                national border; or
                                  (II) using a channel, 
                                facility, or instrumentality of 
                                interstate or foreign commerce;
                          (ii) the defendant uses a channel, 
                        facility, or instrumentality of 
                        interstate or foreign commerce in 
                        connection with the conduct described 
                        in subparagraph (A);
                          (iii) in connection with the conduct 
                        described in subparagraph (A), the 
                        defendant employs a firearm, dangerous 
                        weapon, explosive or incendiary device, 
                        or other weapon that has traveled in 
                        interstate or foreign commerce; or
                          (iv) the conduct described in 
                        subparagraph (A)--
                                  (I) interferes with 
                                commercial or other economic 
                                activity in which the victim is 
                                engaged at the time of the 
                                conduct; or
                                  (II) otherwise affects 
                                interstate or foreign commerce.
          (3) Offenses occurring in the special maritime or 
        territorial jurisdiction of the united states.--
        Whoever, within the special maritime or territorial 
        jurisdiction of the United States, engages in conduct 
        described in paragraph (1) or in paragraph (2)(A) 
        (without regard to whether that conduct occurred in a 
        circumstance described in paragraph (2)(B)) shall be 
        subject to the same penalties as prescribed in those 
        paragraphs.
          (4) Guidelines.--All prosecutions conducted by the 
        United States under this section shall be undertaken 
        pursuant to guidelines issued by the Attorney General, 
        or the designee of the Attorney General, to be included 
        in the United States Attorneys' Manual that shall 
        establish neutral and objective criteria for 
        determining whether a crime was committed because of 
        the actual or perceived status of any person.
  (b) Certification Requirement.--
          (1) In general.--No prosecution of any offense 
        described in this subsection may be undertaken by the 
        United States, except under the certification in 
        writing of the Attorney General, or a designee, that--
                  (A) the State does not have jurisdiction;
                  (B) the State has requested that the Federal 
                Government assume jurisdiction;
                  (C) the verdict or sentence obtained pursuant 
                to State charges left demonstratively 
                unvindicated the Federal interest in 
                eradicating bias-motivated violence; or
                  (D) a prosecution by the United States is in 
                the public interest and necessary to secure 
                substantial justice.
          (2) Rule of construction.--Nothing in this subsection 
        shall be construed to limit the authority of Federal 
        officers, or a Federal grand jury, to investigate 
        possible violations of this section.
  (c) Definitions.--In this section--
          (1) the term ``bodily injury'' has the meaning given 
        such term in section 1365(h)(4) of this title, but does 
        not include solely emotional or psychological harm to 
        the victim;
          (2) the term ``explosive or incendiary device'' has 
        the meaning given such term in section 232 of this 
        title;
          (3) the term ``firearm'' has the meaning given such 
        term in section 921(a) of this title;
          (4) the term ``gender identity'' means actual or 
        perceived gender-related characteristics; and
          (5) the term ``State'' includes the District of 
        Columbia, Puerto Rico, and any other territory or 
        possession of the United States.
  (d) Statute of Limitations.--
          (1) Offenses not resulting in death.--Except as 
        provided in paragraph (2), no person shall be 
        prosecuted, tried, or punished for any offense under 
        this section unless the indictment for such offense is 
        found, or the information for such offense is 
        instituted, not later than 7 years after the date on 
        which the offense was committed.
          (2) Death resulting offenses.--An indictment or 
        information alleging that an offense under this section 
        resulted in death may be found or instituted at any 
        time without limitation.
  (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 3 of 
the Domestic Terrorism Prevention Act of 2020).

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