BUFFALO, N.Y. -- The person who allegedly killed 10 people during a mass shooting in Buffalo is facing life in prison without parole.

He's charged with first-degree murder but can't be charged federally with domestic terrorism because there's no statute on the books. U.S. Rep. Brian Higgins, D-Buffalo, said that should change.

"We should be giving federal law enforcement all the tools they need in order to keep the streets safe," he said.

Higgins on Wednesday morning expected the U.S. House of Representatives to pass a domestic terrorism bill later that day. He is a co-sponsor of the legislation drafted prior to the mass shooting.

"A federal statute criminalizing domestic terrorism is not the only step that needs to be taken but there are many others as well including better monitoring of the internet and what's going on there, who has access to these sites. They're vulnerable. They are radicalized and they pose an extreme threat to communities," he said.

The accused shooter was apparently active on social media sites including 4Chan and Discord and lawmakers are also looking at ways to potentially hold people and platforms that propogate hate speech liable.

"When you have hate speech that is directly connected to this shooting and these kinds of shootings, that poses a clear and present danger and needs to be directly, and so I think you can find that balance between free speech and what is a responsible public policy and law as it relates to inflammatory speech that results in terrorism," Higgins said.

Attorney Corey Hogan said the problem is these types of legislation could impinge on First Amendment rights. He also believes they are more about giving police greater latitude to investigate and stop crimes earlier than deterring the actual criminals.

Hogan said, following a tragedy like the one in Buffalo, there is a reflex to react to emotions but lawmakers should give full consideration to all the consequences.

"What do we do here? Is there a negative to doing this? What is that negative? Are we willing to pay that price to accomplish, to get this good out of it? I think the debate's healthy. That's exactly what's going on now is First Amendment debate. People are going back and forth and arguing their positions," he said.

Higgins believes the domestic terrorism criminalization bill has a more difficult path in the U.S. Senate and as lawmakers move forward much will depend on the language and breadth of the bills.