H.R. 350 — what changed
Domestic Terrorism Prevention Act of 2022
From Reported in House to Placed on Calendar Senate. 4 sections amended and 1 added between Reported in House and Placed on Calendar Senate.
Sec. 2 Definitions
In this Act—
the term Director means the Director of the Federal Bureau of Investigation;
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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—Code;
removed
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);
removed
an individual or organization designated under Executive Order 13224 (50 U.S.C. 1701 note); or
removed
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);
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;
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);
the term Secretary means the Secretary of Homeland Security; and
the term uniformed services has the meaning given the term in section 101(a) of title 10, United States Code.
Sec. 3 Offices to combat domestic terrorism
Authorization of offices to monitor, analyze, investigate, and prosecute domestic terrorism—
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.
Domestic terrorism office— There is authorized a Domestic Terrorism Office in the Counterterrorism Section of the National Security Division of the Department of Justice—
which shall be responsible for investigating and prosecuting incidents of domestic terrorism;
which shall be headed by the Domestic Terrorism Counsel; and
which shall coordinate with the Civil Rights Division on domestic terrorism matters that may also be hate crime incidents.
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.
Staffing— The Secretary, the Attorney General, and the Director shall each ensure that each office authorized under this section in their respective agencies shall—
have an adequate number of employees to perform the required duties;
have not less than one employee dedicated to ensuring compliance with civil rights and civil liberties laws and regulations; and
require that all employees undergo annual anti-bias training.
Sunset— The offices authorized under this subsection shall terminate on the date that is 10 years after the date of enactment of this Act.
Joint report on domestic terrorism—
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—
the Committee on the Judiciary, the Committee on Homeland Security and Governmental Affairs, and the Select Committee on Intelligence of the Senate; and
the Committee on the Judiciary, the Committee on Homeland Security, and the Permanent Select Committee on Intelligence of the House of Representatives.
Contents— Each report submitted under paragraph (1) shall include—
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
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in the first report, an analysis of incidents or attempted incidents of domestic terrorism that have occurred in the United States since January 1, 2012, April 19, 1995, including any White-supremacist-related incidents or attempted incidents; and
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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; andincidents;
a quantitative analysis of domestic terrorism for the preceding 6 months, including—
the number of—
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;
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;
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;
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;
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;
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;
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;
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
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
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; and
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not including personally identifiable information not otherwise releasable to the public.public; and
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certification that each of the assessments and investigations described under subparagraph (C) are in compliance with all applicable civil rights and civil liberties laws and regulations.
Hate crimes— In compiling a joint report under this subsection, the domestic terrorism offices authorized under paragraphs (1), (2), and (3) of subsection (a) shall, in consultation with the Civil Rights Division of the Department of Justice and the Civil Rights Unit of the Federal Bureau of Investigation, review each Federal hate crime charge and conviction during the preceding 6 months to determine whether the incident also constitutes a domestic terrorism-related incident.
Classification and public release— Each report submitted under paragraph (1) shall be—
unclassified, to the greatest extent possible, with a classified annex only if necessary; and
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.
Nonduplication— If two or more provisions of this subsection or any other law impose requirements on an agency to report or analyze information on domestic terrorism that are substantially similar, the agency may produce one report that complies with each such requirement as fully as possible.
Domestic terrorism executive committee— There is authorized a Domestic Terrorism Executive Committee, which shall meet on a regular basis, and not less regularly than 4 times each year, to coordinate with United States Attorneys and other key public safety officials across the country to promote information sharing and ensure an effective, responsive, and organized joint effort to combat domestic terrorism.
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. 6 Federal support for addressing hate crime incidents with a nexus to domestic terrorism
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.
Federal bureau of investigation— Section 249 of title 18, United States Code, is amended by adding at the end the following:
changed
“(f) Federal bureau of investigation—The Attorney General, acting through the Director of the Federal Bureau of Investigation, shall assign a special agent or hate crimes liaison to each field office of the Federal Bureau of Investigation to investigate hate crimes incidents with a nexus to domestic terrorism (as such term is defined in section 2 of the Domestic Terrorism Prevention Act of 2020).”2022).”
Sec. 7 Rule of construction
changed
There are authorized to Nothing in this Act, or any amendment made by this Act, may be appropriated construed to authorize the Department infringement or violation of Justice, any right protected under the Federal Bureau of Investigation, First Amendment to the Department Constitution of Homeland Security, and the Department United States or an applicable provision of Defense such sums as may be necessary to carry out this Act.Federal law.
Sec. 8 Authorization of appropriations
addedadded 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.