[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 894 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                 S. 894

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 SENATE OF THE UNITED STATES

                             March 27, 2019

 Mr. Durbin (for himself, Mr. Blumenthal, Mr. Booker, Mr. Cardin, Mr. 
Coons, Ms. Duckworth, Ms. Harris, Mr. Kaine, Ms. Klobuchar, Mr. Markey, 
 Mr. Whitehouse, Mr. Sanders, Mr. Schatz, and Mr. Reed) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 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 
2019''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) White supremacists and other far-right-wing extremists 
        are the most significant domestic terrorism threat facing the 
        United States.
            (2) On February 22, 2019, a Trump Administration United 
        States Department of Justice official wrote in a New York Times 
        op-ed 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.''.
            (3) An April 2017 Government Accountability Office report 
        on the significant, lethal threat posed by domestic violent 
        extremists 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.'' The report noted: 
        ``[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).''.
            (4) 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''.
            (5) Fatal terrorist attacks by far-right-wing extremists 
        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, attack in Charlottesville, 
                Virginia, in which 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.'';
                    (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; and
                    (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.
            (6) In November 2018, the Federal Bureau of Investigation 
        released its annual hate crime incident report, which 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 LGBT individuals. 
        The total number of reported hate crimes rose for the third 
        consecutive year. The previous year's report found that in 
        2016, hate crimes increased by almost 5 percent, including a 
        19-percent rise in hate crimes against American Muslims; 
        additionally, of the hate crimes motivated by religious bias in 
        2016, 53 percent were anti-Semitic. 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 three reports, race-
        based crimes were most numerous, and those crimes most often 
        targeted African Americans.
            (7) 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.
            (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 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.
            (9) 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 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 the offices authorized under 
        this section in their respective agencies shall have adequate 
        staff to perform the required duties.
    (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 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; 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) 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 year 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 year 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 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 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 
        Secretary, the Attorney General, and the Director shall each 
        submit an annual 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. 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. INTERAGENCY TASK FORCE.

    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 combat White 
supremacist and neo-Nazi infiltration of the uniformed services.

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.
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