[Congressional Record Volume 166, Number 8 (Tuesday, January 14, 2020)]
[Senate]
[Pages S194-S197]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTION

      By Mr. DURBIN (for himself, Ms. Baldwin, Mr. Blumenthal, Mr. 
        Booker, Ms. Cantwell, Mr. Coons, Ms. Cortez Masto, Ms. 
        Duckworth, Ms. Harris, Ms. Hirono, Ms. Klobuchar, Mr. Menendez, 
        Mrs. Murray, Mr. Reed, Ms. Rosen, and Mr. Van Hollen):
  S. 3190. 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; to the Committee on the Judiciary.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.

[[Page S195]]

  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3190

       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--

[[Page S196]]

       (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 180 days 
     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 180-day period, 
     including any White-supremacist-related incidents or 
     attempted incidents; and
       (C) a quantitative analysis of domestic terrorism for the 
     preceding 180-day period, 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 180-day period 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 180-day period 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 180 days 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

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     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.

                          ____________________