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