22 U.S.C. § 2656j: Countering white identity…

Summary

Create and send a Department-wide plan called the State Department strategy for countering white identity terrorism worldwide to the House Foreign Affairs Committee and the Senate Foreign Relations Committee within six months after January 1, 2021. The Secretary of State must pick the Department’s Counterterrorism Coordinator to lead and work with U.S. embassies and other agencies like the National Counterterrorism Center, CIA, FBI, Attorney General, Director of National Intelligence, Homeland Security, Treasury, and other relevant departments. The plan must say how big the global threat is and which countries are priorities. It must explain how State will coordinate inside the Department and with posts abroad. It must say how State will change or add programs to weaken and discredit white identity terrorist groups. It must include public diplomacy plans to counter online messaging, expose foreign support, and work with other governments and tech companies. It must describe ways to share information and intelligence with U.S. partners and other countries, how terrorist or sanctions designations might be used (and what to do if they are not enough), and how to work with Treasury to counter financing. The plan must show how it fits with efforts against ISIS, al‑Qaida, and other threats, list any extra staff or funding needed, and be made with other agencies and outside experts. It must be submitted in unclassified form that can be public, though a classified annex is allowed. The Secretary must start putting the plan into action within three months after submission, consult with the two congressional committees within 90 days after January 1, 2021 and at least once a year, include credible information about white identity terrorism in the annual country reports on terrorism, and have the President report 120 and 240 days after each annual country report on whether named foreign people or groups meet the criteria for two types of terrorist designations. Finally, within 60 days after January 1, 2021 the Secretary must hire a federally funded research center to map the global white identity terrorism movement; that study must be finished and given to the Secretary within one year of the contract, and the Secretary must send the study to the two committees within 30 days of receiving it.

Title 22, §2656j

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Strategy and coordination

Not later than six months after January 1, 2021, the Secretary of State shall—

(1)develop and submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a Department of State-wide strategy entitled the “Department of State Strategy for Countering White Identity Terrorism Globally” (in this section referred to as the “strategy”); and

(2)designate the Coordinator for Counterterrorism of the Department to coordinate Department efforts to counter white identity terrorism globally, including with United States diplomatic and consular posts, the Director of the National Counterterrorism Center, the Director of the Central Intelligence Agency, the Attorney General, the Director of National Intelligence, the Secretary of Homeland Security, the Director of the Federal Bureau of Investigation, the Secretary of the Treasury, and the heads of any other relevant Federal departments or agencies.

(b)Elements

The strategy shall at a minimum contain the following:

(1)An assessment of the global threat from white identity terrorism abroad, including geographic or country prioritization based on the assessed threat to the United States.

(2)A description of the coordination mechanisms between relevant bureaus and offices within the Department of State, as well as with United States diplomatic and consular posts, for developing and implementing efforts to counter white identity terrorism.

(3)A description of how the Department plans to build on any existing strategy developed by the Bureau for Counterterrorism to—

(A)adapt or expand existing Department programs, projects, activities, or policy instruments based on existing authorities for the specific purpose of degrading and delegitimizing the white identity terrorist movement globally; and

(B)identify the need for any new Department programs, projects, activities, or policy instruments for the specific purpose of degrading and delegitimizing the white identity terrorist movement globally, including a description of the steps and resources necessary to establish any such programs, projects, activities, or policy instruments, noting whether such steps would require new authorities.

(4)Detailed plans for using public diplomacy, including the efforts of the Secretary of State and other senior Executive Branch officials, including the President, to degrade and delegitimize white identity terrorist ideologues and ideology globally, including by—

(A)countering white identity terrorist messaging and supporting efforts to redirect potential supporters away from white identity terrorist content online;

(B)exposing foreign government support for white identity terrorist ideologies, objectives, ideologues, networks, organizations, and internet platforms;

(C)engaging with foreign governments and internet service providers and other relevant technology entities, to prevent or limit white identity terrorists from exploiting internet platforms in furtherance of or in preparation for acts of terrorism or other targeted violence, as well as the recruitment, radicalization, and indoctrination of new adherents to white identity terrorism; and

(D)identifying the roles and responsibilities for the Office of the Under Secretary for Public Affairs and Public Diplomacy and the Global Engagement Center in developing and implementing such plans.

(5)An outline of steps the Department is taking or will take in coordination, as appropriate, with the Director of the National Counterterrorism Center, the Director of the Central Intelligence Agency, the Attorney General, the Director of National Intelligence, the Secretary of Homeland Security, the Director of the Federal Bureau of Investigation, the Secretary of the Treasury, and the heads of any other relevant Federal departments or agencies to improve information and intelligence sharing with other countries on white identity terrorism based on existing authorities by—

(A)describing plans for adapting or expanding existing mechanisms for sharing information, intelligence, or counterterrorism best practices, including facilitating the sharing of information, intelligence, or counterterrorism best practices gathered by Federal, State, and local law enforcement; and

(B)proposing new mechanisms or forums that might enable expanded sharing of information, intelligence, or counterterrorism best practices.

(6)An outline of how the Department plans to use designation as a Specially Designated Global Terrorist (under Executive Order No. 13224 (50 U.S.C. 1701 note)) and foreign terrorist organization (pursuant to section 1189 of title 8) to support the strategy, including—

(A)an assessment and explanation of the utility of applying or not applying such designations when individuals or entities satisfy the criteria for such designations; and

(B)a description of possible remedies if such criteria are insufficient to enable designation of any individuals or entities the Secretary of State considers a potential terrorist threat to the United States.

(7)A description of the Department’s plans, in consultation with the Department of the Treasury, to work with foreign governments, financial institutions, and other related entities to counter the financing of white identity terrorists within the parameters of current law, or if no such plans exist, a description of why.

(8)A description of how the Department plans to implement the strategy in conjunction with ongoing efforts to counter the Islamic State, al-Qaeda, and other terrorist threats to the United States.

(9)A description of how the Department will integrate into the strategy lessons learned in the ongoing efforts to counter the Islamic State, al-Qaeda, and other terrorist threats to the United States.

(10)A identification of any additional resources or staff needed to implement the strategy.

(c)Interagency coordination

The Secretary of State shall develop the strategy in coordination with the Director of the National Counterterrorism Center and in consultation with the Director of the Central Intelligence Agency, the Attorney General, the Director of National Intelligence, the Secretary of Homeland Security, the Director of the Federal Bureau of Investigation, the Secretary of the Treasury, and the heads of any other relevant Federal departments or agencies.

(d)Stakeholder inclusion

The strategy shall be developed in consultation with representatives of United States and international civil society and academic entities with experience researching or implementing programs to counter white identity terrorism.

(e)Form

The strategy shall be submitted in unclassified form that can be made available to the public, but may include a classified annex if the Secretary of State determines such is appropriate.

(f)Implementation

Not later than three months after the submission of the strategy, the Secretary of State shall begin implementing the strategy.

(g)Consultation

Not later than 90 days after January 1, 2021, and not less often than annually thereafter, the Secretary of State shall consult with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate regarding the development and implementation of the strategy.

(h)Country reports on terrorism

The Secretary of State shall incorporate all credible information about white identity terrorism, including regarding relevant attacks, the identification of perpetrators and victims of such attacks, the size and identification of organizations and networks, and the identification of notable ideologues, in the annual country reports on terrorism submitted pursuant to section 2656f of this title.

(i)Report on sanctions

(1)In general

Not later than 120 days and again 240 days after the submission of each annual country report on terrorism submitted pursuant to section 2656f of this title, as modified in accordance with subsection (h), the President shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report that determines whether the foreign persons, organizations, and networks identified in such annual country reports on terrorism as so modified, satisfy the criteria to be designated as—

(A)foreign terrorist organizations under section 1189 of title 8; or

(B)Specially Designated Global Terrorist under Executive Order No. 13224 (50 U.S.C. 1701 note).

(2)Form

Each determination required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex, if appropriate.

(j)Requirement for independent study to map the global white identity terrorism movement

(1)In general

Not later than 60 days after January 1, 2021, the Secretary of State shall enter into a contract with a federally funded research and development center with appropriate expertise and analytical capability to carry out the study described in paragraph (2).

(2)Study

The study described in this paragraph shall provide for a comprehensive social network analysis of the global white identity terrorism movement to—

(A)identify key actors, organizations, and supporting infrastructure; and

(B)map the relationships and interactions between such actors, organizations, and supporting infrastructure.

(3)Report

(A)To the Secretary

Not later than one year after the date on which the Secretary of State enters into a contract pursuant to paragraph (1), the federally funded research and development center referred to in such subsection that has entered into such contract with the Secretary shall submit to the Secretary a report containing the results of the study required under this section.

(B)To Congress

Not later than 30 days after receipt of the report under subparagraph (A), the Secretary of State shall submit to the Committee of Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate such report, together with any additional views or recommendations of the Secretary.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Executive Order No. 13224, referred to in subsecs. (b)(6) and (i)(1)(B), is Ex. Ord. No. 13224, Sept. 23, 2001, 66 F.R. 49079, which is listed in a table under section 1701 of Title 50, War and National Defense.

Executive Documents

Delegation of Functions and Authorities Under section 1299F(i) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 Memorandum of President of the United States, Oct. 29, 2021, 86 F.R. 60751, provided: Memorandum for the Secretary of State By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to the Secretary of State all functions and authorities vested in the President by section 1299F(i) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) [22 U.S.C. 2656j]. Any reference herein to the Act related to the subject of this memorandum shall be deemed to include references to any hereafter-enacted provisions of law that are the same or substantially the same as such provisions. You are authorized and directed to publish this memorandum in the Federal Register. J.R. Biden, Jr.

§2656j Countering White Identity Terrorism Globally