Bill Summary
This legislation, called the "Domestic Terrorism Prevention Act of 2020," addresses the growing threat of domestic terrorism and hate crimes in the United States. It includes findings on recent incidents and the rise of hate crimes targeting marginalized groups, as well as the authorization of offices and task forces within various government agencies to monitor, investigate, and prosecute domestic terrorism. It also requires regular reports and resources for law enforcement agencies to combat domestic terrorism and establishes an interagency task force to address White supremacist and neo-Nazi infiltration.
Possible Impacts
1. Individuals from marginalized groups, such as Muslims, Jews, and the LGBTQ community, will be affected by the legislation as it addresses the rise in hate crimes targeting these groups.
2. The creation of offices within government agencies and the requirement of annual anti-bias training will affect employees and staff who will be responsible for monitoring, analyzing, investigating, and prosecuting incidents of domestic terrorism.
3. The legislation will affect the general public as the reports on domestic terrorism threats will be made public, and the interagency task force will work to combat white supremacist and neo-Nazi infiltration in the uniformed services and federal law enforcement agencies, potentially impacting these organizations and their agents.
[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.