[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5602 Referred in Senate (RFS)]

<DOC>
116th CONGRESS
  2d Session
                                H. R. 5602


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 22, 2020

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
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.''.
            (7) On November 3rd, 2019 a 24 year old man who authorities 
        say was among masked Antifa supporters attacking conservatives 
        at a June Demonstration in Portland, Oregon, was sentenced 
        Friday to nearly six years in prison in connection with brutal 
        assault. Gage Halupowski pleaded guilty to second-degree 
        assault after authorities accused him of using a weapon against 
        a conservative demonstrator who suffered blows to the head that 
        the victim claims left him with a concussion and cuts that 
        required 25 staples to close.
            (8) On December 12, 2019, an assailant involved in the 
        prolonged firefight in Jersey City, NJ, that left six people 
        dead, including one police officer, was linked on Wednesday to 
        the Black Hebrew Israelite movement, and had public anti-
        Semitic posts online, a law enforcement official said.
            (9) On February 8, 2020, A gunman stormed a NYPD precinct 
        after firing at police van, wounding 2. The police commissioner 
        called the Bronx rampage an ``assassination attempt,'' on law 
        enforcement.
            (10) In August 2020, a juvenile armed with a semi-automatic 
        rifle heeded the online call posted by a self-proclaimed 
        militia group on Facebook to confront protestors in Kenosha, 
        Wisconsin. He allegedly shot and killed two protestors and 
        wounded a third. After the shootings, local police officers 
        waved the alleged murderer through their lines, even after 
        bystanders identified him as the shooter. The armed juvenile 
        then traveled across State lines to his home.

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 one 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.
            (5) 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 shall construe such 
        provisions as mutually supplemental, so as to provide for the 
        most extensive reporting or analysis, and shall comply with 
        each such requirement as fully as possible.
    (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), 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.
    (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.

            Passed the House of Representatives September 21, 2020.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.