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Domestic Terrorism Prevention Act of 2020

Introduced Jan 14, 2020 · Last action Sep 22, 2020 Received in the Senate and Read twice and referred to the Committee on the Judiciary.

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Summary

This legislation is called the Domestic Terrorism Prevention Act of 2020. It is being reviewed by a committee.

Full bill text

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5602 Introduced in House (IH)]

<DOC>

116th CONGRESS
  2d Session
                                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.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 14, 2020

    Mr. Schneider (for himself, Mr. Nadler, Ms. Bass, Ms. Kelly of
Illinois, Mr. Gonzalez of Texas, Mr. Correa, Mr. Cisneros, Mr. Cooper,
  Mr. Panetta, Ms. Norton, Ms. Kuster of New Hampshire, Mr. Case, Ms.
Meng, Ms. Kendra S. Horn of Oklahoma, Mr. Malinowski, and Miss Rice of
  New York) introduced the following bill; which was referred to the
   Committee on the Judiciary, and in addition to the Committees on
Homeland Security, and Armed Services, 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
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.''.

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.
    (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), shall 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.
                                 <all>

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Status

Passed Both Chambers

  1. 1Introduced
  2. 2Committee
  3. 3Floor
  4. 4Passed
  5. 5Signed

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