Domestic Terrorism Prevention Act of 2018

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4918 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 4918

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.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 2, 2018

 Mr. Schneider (for himself, Mr. Thompson of Mississippi, Ms. Kelly of
    Illinois, Mr. Correa, and Mr. Gonzalez of Texas) introduced the
 following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committee on Homeland Security, for a period to
      be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
                          committee concerned

_______________________________________________________________________

                                 A BILL

To authorize dedicated domestic terrorism offices within the Department
of Homeland Security, the Department of Justice, and the Federal Bureau
of Investigation to analyze and monitor domestic terrorist activity and
   require the Federal Government to take steps to prevent domestic
                               terrorism.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Domestic Terrorism Prevention Act of
2018''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) White supremacists and other right-wing extremists are
        the most significant domestic terrorism threat facing the
        United States.
            (2) An unclassified May 2017 joint intelligence bulletin
        from the Federal Bureau of Investigation and the Department of
        Homeland Security 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''.
            (3) According to the New America Foundation, since
        September 11, 2001, 77 Americans have died in terrorist attacks
        by domestic extremists in the United States. Eighty-nine
        percent were killed by far-right-wing extremists.
            (4) The fatal attacks described in paragraph (3) 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; and
                    (H) the August 12, 2017, attack in Charlottesville,
                Virginia, in which a White supremacist allegedly killed
                one and injured nineteen after driving his car through
                a crowd of individuals protesting a neo-Nazi rally, and
                of which Attorney General Jeff Sessions said, ``It does
                meet the definition of domestic terrorism in our
                statute.''.
            (5) The Anti-Defamation League's Center on Extremism found
        that right-wing extremists were responsible for 150 terrorist
        acts, attempted acts, and plots and conspiracies that took
        place in the United States between 1993 and 2017. These attacks
        resulted in the deaths of 255 people and injured more than 600.
            (6) According to the Southern Poverty Law Center, in 2015,
        for the first time in 5 years, the number of hate groups in the
        United States rose by 14 percent. The increase included a more
        than twofold rise in the number of Ku Klux Klan chapters. The
        number of anti-government militias and ``patriot'' groups also
        grew by 14 percent in 2015.
            (7) In November 2017, the Federal Bureau of Investigation
        released its annual hate crime incident report, which found
        that in 2016, hate crimes increased by almost 5 percent,
        including a 19-percent rise in hate crimes against American
        Muslims. Similarly, the previous year's report found that in
        2015, hate crimes increased by 6 percent. Much of that increase
        came from a 66-percent rise in attacks on American Muslims. In
        both reports, race-based crimes were most numerous; more than
        50 percent of those hate crimes targeted African Americans.
            (8) In January 2017, a right-wing extremist who had
        expressed anti-Muslim views was charged with murder for
        allegedly killing 6 people and injuring nineteen 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.
            (9) Between January and July 2017, news reports found 63
        incidents in which American mosques were targeted by threats,
        vandalism, or arson.

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;
            (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; and
            (4) the term ``Secretary'' means the Secretary of Homeland
        Security.

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.
    (b) Joint Report on Domestic Terrorism.--
            (1) Annual report required.--Not later than 180 days after
        the date of enactment of this Act, and each year thereafter,
        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, including White
                supremacist infiltration and recruitment of law
                enforcement officers and members of the Armed Forces;
                    (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; 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
                year; and
                    (C) a quantitative analysis of domestic terrorism
                for the preceding year, including 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;
                            (ii) domestic terrorism related preliminary
                        investigations initiated by the Federal Bureau
                        of Investigation, including the number of
                        preliminary investigations from each
                        classification and subcategory, 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, 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, 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, and a
                        detailed explanation of each arrest;
                            (vi) Federal domestic terrorism related
                        indictments, including the number of
                        indictments from each classification and
                        subcategory, and a detailed explanation of each
                        indictment;
                            (vii) Federal domestic terrorism related
                        prosecutions, including the number of incidents
                        from each classification and subcategory, and a
                        detailed explanation of each prosecution;
                            (viii) Federal domestic terrorism related
                        convictions, including the number of
                        convictions from each classification and
                        subcategory, 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.
            (3) 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.
    (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 year required under subsection (b).

SEC. 5. TRAINING TO COMBAT DOMESTIC TERRORISM.

    (a) Required Training and Resources.--The State and Local Anti-
Terrorism Program, funded by the Bureau of Justice Assistance of the
Department of Justice, shall include training and resources to assist
State, local, and tribal law enforcement officers in understanding,
detecting, deterring, and investigating acts of domestic terrorism. The
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 experience
        in matters related to domestic terrorism.
    (c) Report.--
            (1) In general.--Not later than 1 year after the date of
        enactment of this Act and once each year thereafter, the
        Director of the Bureau of Justice Assistance shall submit an
        annual report to the committees of Congress described in
        section 4(b)(1) on the domestic terrorism training implemented
        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.--Each report submitted under paragraph
        (1) shall be unclassified, to the greatest extent possible,
        with a classified annex only if necessary.

SEC. 6. COMBATTING DOMESTIC TERRORISM THROUGH JOINT TERRORISM TASK
              FORCES AND FUSION CENTERS.

    (a) In General.--The joint terrorism task forces of the Federal
Bureau of Investigation and State, local, and regional fusion centers,
as established under section 210A of the Homeland Security Act of 2002
(6 U.S.C. 124h), shall each, in coordination with the Domestic
Terrorism Executive Committee and the domestic terrorism offices
authorized under paragraphs (1), (2), and (3) of section 4(a) of this
Act--
            (1) share intelligence to address domestic terrorism
        activities;
            (2) conduct an annual, intelligence-based assessment of
        domestic terrorism activities in their jurisdictions; and
            (3) formulate and execute a plan to address and combat
        domestic terrorism activities in their jurisdictions.
    (b) Requirement.--The activities required under subsection (a)
shall focus 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 year required under section 4(b).

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Department of
Justice, the Federal Bureau of Investigation, and the Department of
Homeland Security such sums as may be necessary to carry out this Act.
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