[Congressional Record Volume 163, Number 188 (Thursday, November 16, 2017)]
[Senate]
[Pages S7299-S7300]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By 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):
  S. 2148. 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.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2148

       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 1 and 
     injured 19 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

[[Page S7300]]

     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.
       (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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