[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.
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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--
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(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.
____________________