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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2148 Introduced in Senate (IS)]

<DOC>

115th CONGRESS
  1st Session
                                S. 2148

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

                           November 16, 2017

 Mr. Durbin (for himself, Mr. Blumenthal, Mr. Booker, Mr. Cardin, Mr. 
Coons, Ms. Duckworth, Mr. Franken, Mrs. Gillibrand, Ms. Klobuchar, Mrs. 
Murray, Mr. Van Hollen, Mr. Whitehouse, and Mr. Schatz) 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 
2017''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) White supremacists and other right-wing extremists are 
        the most significant domestic terrorism threat facing the 
        United States.
            (2) A 2009 report from the Extremism and Radicalization 
        Branch of the Department of Homeland Security concluded ``that 
        lone wolves and small terrorist cells embracing violent right-
        wing extremist ideology are the most dangerous domestic 
        terrorism threat in the United States''.
            (3) 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''.
            (4) According to the New America Foundation, since 
        September 11, 2001, 76 Americans have died in terrorist attacks 
        by domestic extremists in the United States. 89 percent were 
        killed by far-right-wing extremists.
            (5) The fatal attacks described in paragraph (4) 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; and
                    (H) the August 12, 2017, attack in Charlottesville, 
                Virginia, in which a White supremacist allegedly killed 
                one and injured nineteen after driving his car through 
                a crowd of individuals protesting a neo-Nazi rally, and 
                of which Attorney General Jeff Sessions said, ``It does 
                meet the definition of domestic terrorism in our 
                statute.''.
            (6) The Anti-Defamation League's Center on Extremism found 
        that right-wing extremists were responsible for 150 terrorist 
        acts, attempted acts, and plots and conspiracies that took 
        place in the United States between 1993 and 2017. These attacks 
        resulted in the deaths of 255 people and injured more than 600.
            (7) According to the Southern Poverty Law Center, in 2015, 
        for the first time in 5 years, the number of hate groups in the 
        United States rose by 14 percent. The increase included a more 
        than twofold rise in the number of Ku Klux Klan chapters. The 
        number of anti-government militias and ``patriot'' groups also 
        grew by 14 percent in 2015.
            (8) In November 2017, the Federal Bureau of Investigation 
        released its annual hate crime incident report, which found 
        that in 2016, hate crimes increased by almost 5 percent, 
        including a 19-percent rise in hate crimes against American 
        Muslims. Similarly, the previous year's report found that in 
        2015, hate crimes increased by 6 percent. Much of that increase 
        came from a 66-percent rise in attacks on American Muslims. In 
        both reports, race-based crimes were most numerous; more than 
        50 percent of those hate crimes targeted African Americans.
            (9) In January 2017, a right-wing extremist who had 
        expressed anti-Muslim views was charged with murder for 
        allegedly killing 6 people and injuring nineteen 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.
            (10) Between January and July 2017, news reports found 63 
        incidents in which American mosques were targeted by threats, 
        vandalism, or arson.

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;
            (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; and
            (4) the term ``Secretary'' means the Secretary of Homeland 
        Security.

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.
    (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, including White 
                supremacist infiltration and recruitment of law 
                enforcement officers and members of the Armed Forces;
                    (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) 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 State and Local Anti-
Terrorism Program, funded by the Bureau of Justice Assistance of the 
Department of Justice, shall include training and resources to assist 
State, local, and tribal law enforcement officers in understanding, 
detecting, deterring, and investigating acts of domestic terrorism. The 
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 
        Director of the Bureau of Justice Assistance shall submit an 
        annual report to the committees of Congress described in 
        section 4(b)(1) on the domestic terrorism training implemented 
        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.--Each report submitted under paragraph 
        (1) shall be unclassified, to the greatest extent possible, 
        with a classified annex only if necessary.

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. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Department of 
Justice, the Federal Bureau of Investigation, and the Department of 
Homeland Security such sums as may be necessary to carry out this Act.
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