This bill requires assessments and reports concerning foreign violent white supremacist extremist organizations.
The National Counterterrorism Center within the Office of the Director of National Intelligence must report to Congress an intelligence assessment on threats to the United States associated with foreign violent white supremacist extremist organizations, including whether foreign governments provide any support for such white supremacist organizations. The center must share the assessment with (1) the appropriate federal departments and agencies; (2) state, local, and tribal law enforcement officials; and (2) the appropriate foreign governments.
The center must also report to Congress on the use of federal laws, regulations, and policies to counter threats to the United States and U.S. persons associated with such white supremacist organizations.
The Privacy and Civil Liberties Oversight Board must report to Congress an assessment of the impacts on privacy and civil liberties relating to the use of such federal laws, regulations, and policies, and recommendations to mitigate such impacts.
Unclassified versions of the assessment and reports required by this bill must be publicly available.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4038 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4038
To direct the Director of National Intelligence to submit to Congress
an intelligence assessment on threats to the United States associated
with foreign violent White supremacist extremist organizations.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 22, 2021
Mr. Carson (for himself and Mr. Schiff) introduced the following bill;
which was referred to the Permanent Select Committee on Intelligence
_______________________________________________________________________
A BILL
To direct the Director of National Intelligence to submit to Congress
an intelligence assessment on threats to the United States associated
with foreign violent White supremacist extremist organizations.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. INTELLIGENCE ASSESSMENT AND REPORTS ON VIOLENT TRANSNATIONAL
WHITE SUPREMACIST EXTREMISM.
(a) Intelligence Assessment.--
(1) Requirement.--Not later than 120 days after the date of
the enactment of this Act, the Director of National
Intelligence, acting through the Director of the National
Counterterrorism Center, in coordination with the Director of
the Federal Bureau of Investigation and the Under Secretary of
Homeland Security for Intelligence and Analysis, and in
consultation with other relevant Federal departments and
agencies, shall submit to the appropriate congressional
committees an intelligence assessment on threats to the United
States associated with foreign violent White supremacist
extremist organizations.
(2) Elements.--The assessment under paragraph (1) shall
include the following:
(A) A list of foreign violent White supremacist
extremist organizations.
(B) With respect to each such organization--
(i) an overview of the membership,
ideology, and activities;
(ii) a description of any transnational
links to the United States or United States
persons;
(iii) a description of the leadership,
plans, intentions, and capabilities;
(iv) whether (and if so, to what extent)
foreign governments or their proxies provide
any manner of support to such organizations,
including a list of each such foreign
government or proxy;
(v) a description of the composition and
characteristics of the members and support
networks, including whether (and if so, to what
extent) the members are also a part of a
military, security service, or police;
(vi) a description of financing and other
forms of material support;
(vii) an assessment of trends and patterns
relative to communications, travel, and
training (including whether and to what extent
the organization is engaged in or facilitating
military or paramilitary training);
(viii) an assessment of the radicalization
and recruitment, including an analysis of the
extremist messaging motivating members and
supporters; and
(ix) whether (and if so, to what extent)
foreign governments have sufficient laws and
policies to counter threats to the United
States associated with the organization,
including best practices and gaps.
(C) An assessment of the status and extent of
information sharing, intelligence partnerships, foreign
police cooperation, and mutual legal assistance between
the United States and foreign governments relative to
countering threats to the United States associated with
foreign violent White supremacist extremist
organizations.
(D) An assessment of intelligence gaps and
recommendations on how to remedy such gaps.
(E) An opportunity analysis regarding countering
such threats, including, at a minimum, with respect to
mitigating and disrupting the transnational nexus.
(3) Standards.--The intelligence assessment under paragraph
(1) shall be conducted in a manner that meets the analytic
integrity and tradecraft standards of the intelligence
community.
(4) Form and public release.--The intelligence assessment
under paragraph (1) shall be submitted in unclassified form,
but may include a classified annex in electronic form that is
fully indexed and searchable. In carrying out this paragraph,
the officials specified in paragraph (1) shall--
(A) ensure that the assessment is unclassified to
the extent possible;
(B) make the unclassified assessment publicly
available on the internet websites of the officials--
(i) by not later than 30 days after
submission to the appropriate congressional
committees; and
(ii) in an electronic format that is fully
indexed and searchable; and
(C) ensure that the assessment is drafted in a way
to maximize the ability to share the assessment,
including the classified annex, with the entities under
paragraph (5).
(5) Sharing.--Consistent with the protection of classified
information, the Director of National Intelligence, acting
through the Director of the National Counterterrorism Center,
in coordination with the Director of the Federal Bureau of
Investigation and the Under Secretary of Homeland Security for
Intelligence and Analysis, shall share the intelligence
assessment under paragraph (1) with--
(A) appropriate Federal departments and agencies;
(B) Joint Terrorism Task Forces and the Domestic
Terrorism-Hate Crimes Fusion Cell of the Federal Bureau
of Investigation;
(C) State, local, and Tribal law enforcement
officials, including officials who operate within
State, local, and regional fusion centers through the
Department of Homeland Security State, Local, and
Regional Fusion Center Initiative established in
accordance with section 210A of the Homeland Security
Act of 2002 (6 U.S.C. 124h); and
(D) appropriate foreign governments, including
foreign intelligence services and foreign police, and
international institutions, that partner with the
United States on countering threats associated with
foreign violent White supremacist extremist
organizations.
(b) Report.--
(1) Requirement.--Not later than 150 days after the date of
the enactment of this Act, the Director of National
Intelligence (acting through the Director of the National
Counterterrorism Center), in coordination with the Secretary of
State, the Secretary of the Treasury, the Attorney General, the
Secretary of Homeland Security, and in a manner consistent with
the authorities and responsibilities of such Secretary or
Director, shall submit to the appropriate congressional
committees a report on the use of Federal laws, regulations,
and policies by the Federal Government to counter threats to
the United States and United States persons associated with
foreign violent White supremacist extremist organizations.
(2) Elements.--The report under paragraph shall include the
following:
(A) An identification, description, and assessment
of the use and efficacy of, Federal laws, regulations,
and policies used by the Federal Government to address
threats to the United States and United States persons
associated with foreign violent White supremacist
extremist organizations, including pursuant to--
(i) section 1016 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (6 U.S.C.
485) and section 119 of the National Security
Act of 1949 (50 U.S.C. 3056), particularly with
respect to the coordination and integration of
all instruments of national power;
(ii) Executive Order 12333 (50 U.S.C. 3001
note), as amended;
(iii) the designation of foreign terrorist
organizations under section 219 of the
Immigration and Nationality Act (8 U.S.C.
1189);
(iv) the designation of specially
designated terrorists, specially designated
global terrorists, or specially designated
nationals and blocked persons, pursuant to
Executive Orders 13886, 13372, and 13224 and
parts 594, 595, 596, and 597 of title 31, Code
of Federal Regulations;
(v) National Security Presidential
Memorandums 7 and 9, particularly with respect
to the sharing of terrorism information and
screening and vetting activities; and
(vi) any other applicable Federal laws,
regulations, or policies.
(B) An assessment of whether (and if so, to what
extent and why) such Federal laws, regulations, and
policies are sufficient to counter such threats,
including a description of any gaps and specific
examples to illustrate such gaps.
(C) Recommendations regarding how to remedy the
gaps under subparagraph (B).
(3) Privacy and civil liberties assessment.--Not later than
180 days after the date of the enactment of this Act, the
Privacy and Civil Liberties Oversight Board, in consultation
with the civil liberties and privacy officers of the Federal
departments and agencies the Board determines appropriate,
shall submit to the appropriate congressional committees a
report containing--
(A) an assessment of the impacts on the privacy and
civil liberties of United States persons concerning the
use or recommended use of any Federal laws,
regulations, and policies specified in paragraph (2);
and
(B) recommendations on options to develop
protections to mitigate such impacts.
(4) Form and public release.--The reports under paragraphs
(1) and (2) shall be submitted in unclassified form, but may
include a classified annex in electronic form that is fully
indexed and searchable. In carrying out this paragraph, the
officials responsible for submitting such reports shall--
(A) ensure that the reports are unclassified to the
extent possible; and
(B) make the unclassified reports publicly
available on the internet websites of the officials--
(i) by not later than 30 days after
submission to the appropriate congressional
committees; and
(ii) in an electronic format that is fully
indexed and searchable.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Permanent Select Committee on Intelligence,
the Committee on Homeland Security, the Committee on
Foreign Affairs, and the Committee on the Judiciary of
the House of Representatives; and
(B) the Select Committee on Intelligence, the
Committee on Homeland Security and Governmental
Affairs, the Committee on Foreign Affairs, and the
Committee on the Judiciary of the Senate.
(2) Foreign violent white supremacist extremist
organization.--The term ``foreign violent White supremacist
extremist organization'' means an organization, such as a neo-
Nazi or racist skinhead group or militia, with a substantial
component based outside the United States, that is engaged in
the planning or execution of racially or ethnically motivated
acts of terrorism or other targeted violence motivated by White
supremacist extremism, particularly against immigrants or
individuals perceived to be immigrants, African Americans or
other people of African descent, Jews, Muslims, or other people
perceived to be ethnic minorities or otherwise not perceived to
be White.
(3) Terrorism information.--The term ``terrorism
information'' has the meaning given that term in section
1016(a) of the Intelligence Reform and Terrorism Prevention Act
of 2004 (6 U.S.C. 485(a)).
(4) United states person.--The term ``United States
person'' has the meaning given that term in section 105A(c) of
the National Security Act of 1947 (50 U.S.C. 3039).
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E677-678)
Referred to the House Committee on Intelligence (Permanent Select).
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