116 HR 3106 RH: Domestic and International Terrorism Documentation and Analysis of Threats in America Act U.S. House of Representatives 2019-09-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
IB Union Calendar No. 168 116th CONGRESS1st Session H. R. 3106 [Report No. 116–213, Part I] IN THE HOUSE OF REPRESENTATIVES June 5, 2019 Mr. Thompson of Mississippi (for himself, Ms. Jackson Lee, Mr. Langevin, Mr. Richmond, Mr. Payne, Miss Rice of New York, Mr. Correa, Ms. Underwood, Mr. Rose of New York, Ms. Slotkin, Mr. Cleaver, Mr. Green of Texas, Ms. Clarke of New York, Ms. Titus, Mrs. Watson Coleman, Ms. Barragán, Mrs. Demings, Ms. Torres Small of New Mexico, and Mr. Pascrell) introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned September 19, 2019 Additional sponsors: Ms. Norton, Ms. Omar, Ms. Schakowsky, Mr. Espaillat, Ms. Wilson of Florida, Mr. Cohen, Mr. McGovern, Mr. Cisneros, Mr. Rush, Mr. Krishnamoorthi, Mr. Swalwell of California, Mr. Foster, Ms. Lee of California, Ms. Spanberger, Mr. Clay, Mr. Brown of Maryland, Mr. Neguse, Mr. Danny K. Davis of Illinois, Mr. Hastings, Mr. Lynch, Ms. Escobar, Mr. Khanna, Mr. Casten of Illinois, Mr. DeFazio, Ms. Pressley, Mr. Cummings, Mr. Panetta, Mrs. Beatty, Mr. Higgins of New York, Mr. Norcross, Mr. Ryan, Mr. Brendan F. Boyle of Pennsylvania, Ms. Ocasio-Cortez, Ms. Castor of Florida, Ms. Fudge, Mr. McEachin, Mr. Meeks, Ms. Judy Chu of California, Mr. Carbajal, and Mr. Lamb September 19, 2019 Reported from the Committee on Homeland Security with amendments Strike out all after the enacting clause and insert the part printed in italic September 19, 2019Committee on the Judiciary discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printedFor text of introduced bill, see copy of bill as introduced on June 5, 2019 A BILL To require a joint domestic terrorism report, establish within the Department of Homeland Security a National Center for the Study of Domestic Terrorism, authorize research within the Department of Homeland Security on current trends in domestic terrorism, and for other purposes.
1.
Short title
This Act may be cited as the Domestic and International Terrorism Documentation and Analysis of Threats in America Act or the Domestic and International Terrorism DATA Act.
2.
Definitions
In this Act: (1)
Appropriate congressional committees
The term appropriate congressional committees means the Committee on Homeland Security, the Committee on the Judiciary, and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate. (2)
Director
The term Director means the Director of the Federal Bureau of Investigation. (3)
Domestic terrorism
The term domestic terrorism has the meaning given such term in section 2331 of title 18, United States Code. (4)
Hate crime
The term hate crime means criminal offenses committed in violation of sections 241, 245, 247, and 249 of title 18, United States Code, and section 3631 of title 42, United State Code. (5)
International terrorism
The term international terrorism has the meaning given such term in section 2331 of title 18, United States Code. (6)
Online platform
The term online platform means any public-facing website, web application, or digital application, including a mobile application, and includes a social network, an ad network, a search engine, or an email service. (7)
Personally identifiable information
The term personally identifiable information means any information about an individual elicited, collected, stored, or maintained by an agency, including the following: (A)Any information that can be used to distinguish or trace the identity of an individual, such as a name, a social security number, a date and place of birth, a mother’s maiden name, or biometric records. (B)Any other information that is linked or linkable to an individual, such as medical, educational, financial, or employment information. (8)
Secretary
The term Secretary means the Secretary of Homeland Security.
<enum>I</enum><header>Federal Efforts Against Domestic Terrorism and International Terrorism</header> <section id="HA6042D73024B4F31ABC08EBE6D1331A0"><enum>101.</enum><header>Joint domestic terrorism and international terrorism report</header> <subsection id="HB456E31CF78D4B28A2517DC4975DD49D"><enum>(a)</enum><header>Annual report required</header><text>Not later than 180 days after the date of the enactment of this Act and annually thereafter for five years, the Secretary, the Attorney General, and the Director shall submit to the Comptroller General of the United States and the appropriate congressional committees a joint report on domestic terrorism and international terrorism.</text> </subsection><subsection id="HD9B811DB90D74386942E758535BFF1BE"><enum>(b)</enum><header>Contents</header> <paragraph id="H3E947CFC6BE5461A839C73CD421CEE9D"><enum>(1)</enum><header>In general</header><text>Each report submitted under subsection (a) shall include the following:</text> <subparagraph id="H08BED2E2B67147DFB4CC6CB68183257D"><enum>(A)</enum><text>All guidance, policy memos, and related documents regarding the following:</text> <clause id="HAB8BA1AB8D074F0293564E0BBCB284C9"><enum>(i)</enum><text>The criteria for opening a domestic or international terrorism investigation, including any standards of proof required before opening such investigation.</text> </clause><clause id="H070A134DBED94094B295CB2719B736E1"><enum>(ii)</enum><text>Sharing of domestic or international terrorism information across law enforcement agencies.</text> </clause><clause id="H0458BA8EB9BA4607AB45694D055FF295"><enum>(iii)</enum><text>Federal requirements and compliance with privacy, civil rights, and civil liberties policies and protections, including protections against the public release of the names or personally identifiable information of individuals involved in incidents, investigations, indictments, prosecutions, or convictions for which data is reported under this section.</text> </clause></subparagraph><subparagraph id="H2A0823462D0A45B48B330B77F6392EDA"><enum>(B)</enum><text>A description of the methodology utilized to identify domestic and international terrorism investigative classifications (including any subcategories) and to assign an investigative classification (including any subcategory) to a domestic or international terrorism incident.</text> </subparagraph><subparagraph id="HE8C6E7F494534462BB19D3877394C419"><enum>(C)</enum><text>The information required under paragraph (2).</text> </subparagraph></paragraph><paragraph id="HF967105C6E2B49A28FC4EAF876A363A8"><enum>(2)</enum><header>Information on domestic terrorism and international terrorism</header><text>Except as provided in subparagraph (A), each report submitted under subsection (a) shall include information on incidents of domestic terrorism and international terrorism, including, with respect to each investigative classification (including any subcategory) of each such incident, the number and type of actual and attempted property crimes, the number and type of actual and attempted attacks on persons, the number of people injured, and the number of people killed, and—</text> <subparagraph id="H9B81C18346B74761AA9CAD30BAD0BBE7"><enum>(A)</enum><text>in the first such report, data on incidents or attempted incidents of domestic terrorism and international terrorism that have occurred in the United States since April 19, 1995, disaggregated by fiscal year, including, with respect to each such incident, the number and type of property crimes, the number and type of actual and attempted attacks on persons, the number of people injured, and number of people killed; and</text> </subparagraph><subparagraph id="H4835B65AC7DB4F9AB203193B11EE7631"><enum>(B)</enum><text>in each subsequent report for the preceding fiscal year—</text> <clause id="HD573ED82242E4A02ADBD1CF28935DEAB"><enum>(i)</enum><text>data on incidents or attempted incidents of domestic terrorism and international terrorism that occurred in the United States, including, with respect to each such incident, the number and type of actual and attempted property crimes, the number and type of actual and attempted attacks on persons, the number of people injured, and the number of people killed; and</text> </clause><clause id="H1693E7B1813D4DFBB65E1ADDE1CA2562"><enum>(ii)</enum><text>the number of—</text> <subclause id="HDA5D5F0F623F44DB8248878FAB912810"><enum>(I)</enum><text>assessments, preliminary investigations, and full investigations with a domestic terrorism or international terrorism nexus initiated by the Federal Bureau of Investigation, disaggregated by investigative classification (including any subcategories), and the number of such investigations that were initiated as a result of a hate crime investigation;</text> </subclause><subclause id="HAC4F4B85846441F8A22522BE003A62BB"><enum>(II)</enum><text>indictments with a domestic terrorism or international terrorism nexus, disaggregated by investigative classification (including any subcategories), and an explanation of each such indictment;</text> </subclause><subclause id="H494D7B2273DE4BC7A7789D8AA9304E11"><enum>(III)</enum><text>prosecutions with a domestic terrorism or international terrorism nexus, disaggregated by investigative classification (including any subcategories), and an explanation of each such prosecution; and</text> </subclause><subclause id="HA214174CDEB5488B8995378B530C2763"><enum>(IV)</enum><text>convictions with a domestic terrorism or international terrorism nexus, disaggregated by investigative classification (including any subcategories), and an explanation of each such conviction; and</text> </subclause></clause><clause id="HE5257C96C86548348591964EF0AC33FD"><enum>(iii)</enum><text>the number of full-time staff, including position descriptions, employed by the Department of Homeland Security and the Department of Justice to handle matters described in subclauses (I) through (IV) of clause (ii), disaggregated by domestic terrorism and international terrorism.</text> </clause></subparagraph></paragraph><paragraph id="H1F553DBB870245BB99B89D1E0D8EA870"><enum>(3)</enum><header>Breakdown of certain information</header><text>The information provided under paragraph (2) related to the number of people killed or injured shall include a breakdown of law enforcement, first responders, military personnel, and other government officials.</text> </paragraph></subsection><subsection id="H2FBC45E0A82C433797EC9A58BCACAD82"><enum>(c)</enum><header>Format</header><text>The information required pursuant to subclauses (I) through (IV) of subsection (b)(2)(B)(ii) may be provided in a format that uses the marking associated with the Central Records System or any successor system.</text> </subsection><subsection id="H36A3CA90DF0443C98ABB5EF419D7B995"><enum>(d)</enum><header>Information quality</header><text>Each report submitted under subsection (a) shall comply with the guidelines issued by the Director of the Office of Management and Budget pursuant to section 515 of title V of the Consolidated Appropriations Act, 2001 (<external-xref legal-doc="public-law" parsable-cite="pl/106/554">Public Law 106–554</external-xref>; 114 Stat. 2763A–154) (commonly referred to as the <quote>Data Quality Act</quote>).</text> </subsection><subsection id="H12FBFE58C3D547E08CC16BF87197C207"><enum>(e)</enum><header>Classification and public release</header><text>Each report submitted under subsection (a) shall be—</text> <paragraph id="H4A33898BE8FC4E848D278587BCAC0EDA"><enum>(1)</enum><text>unclassified with a classified annex only if necessary; and</text> </paragraph><paragraph id="H39A9DCE46E2D46F287342ABFBA7E8CE5"><enum>(2)</enum><text>in the case of the unclassified portion of each such report, posted on the public websites of the Department of Homeland Security, the Department of Justice, and the Federal Bureau of Investigation.</text> </paragraph></subsection></section><section id="H22D99007F7DA4B95B88A1741A4E5571A"><enum>102.</enum><header>Annual Comptroller General audit of joint report on domestic terrorism and international terrorism</header> <subsection id="H740ADAD0D34C464899C65AA7DF92255A"><enum>(a)</enum><header>Reviews required</header><text>Not later than 180 days after each submission of a joint report on domestic terrorism and international terrorism under section 101(a) and for five years thereafter, the Comptroller General of the United States shall submit to the appropriate congressional committees an audit of each such report.</text> </subsection><subsection id="H32C2F0F8AE8C4368B822D4E34D3DD932"><enum>(b)</enum><header>Elements of review</header><text>In conducting each audit under subsection (a), the Comptroller General of the United States shall—</text> <paragraph id="H15CDAD9D0FE74D4E9E603150C20579CA"><enum>(1)</enum><text>use standard methodology and reporting formats in order to identify, demonstrate, and display any changes over time, including relating to the number of investigations, indictments, prosecutions, convictions, and full-time staff between report submissions;</text> </paragraph><paragraph id="H60DBDD4610FD4CD39C8B4B7D6FF28F11"><enum>(2)</enum><text>evaluate adherence to such standard methodology and the privacy, civil rights, and civil liberties policies and protections set forth in section 101(b)(1)(A)(iii) and 101(b)(1)(B);</text> </paragraph><paragraph id="HF8D3FBC56CCF4CC69F0C4B346CB15412"><enum>(3)</enum><text>evaluate all guidance, policy memos, and related documents utilized to decide to initiate investigations with a domestic terrorism nexus; and</text> </paragraph><paragraph id="H48DED23B1A1B45379EDF321AF0135C44"><enum>(4)</enum><text>include any other subject matter the Comptroller General determines appropriate.</text> </paragraph></subsection><subsection id="H15BDF561D4474456B275576824F208A5"><enum>(c)</enum><header>Access to relevant data</header><text>The Attorney General, the Director, and the Secretary shall ensure that the Comptroller General of the United States has access to all data necessary to conduct each audit under subsection (a), consistent with section 716(a) of title 31, United States Code.</text> </subsection></section><enum>II</enum><header>Homeland Security Research on Domestic Terrorism and International Terrorism</header> <section id="H5017142D861848B19C64AB9E42D1356C"><enum>201.</enum><header>Research on domestic terrorism and international terrorism</header> <subsection id="HFC24D7DC2EDA4E4A93058B2D51732CA0"><enum>(a)</enum><header>Report</header><text>Not later than 180 days after the date of enactment of this Act and annually thereafter, the Secretary, acting through the Under Secretary for Science and Technology of the Department of Homeland Security, shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on international terrorism with a nexus, including an ideological or other relationship, with a current trend in domestic terrorism in the United States. Each such report shall take into consideration acts that resulted in indictment, prosecution, or conviction, and any patterns among such terrorist acts.</text> </subsection><subsection id="H92AA2C0385C047B1A8CF8206045C5E5A"><enum>(b)</enum><header>Contents</header><text>Each report submitted under subsection (a) shall include the following:</text> <paragraph id="HED9FAE926AFB45C38F678E1B39F323A4"><enum>(1)</enum><text>Information on international terrorism with ideological, financial, logistical, or other connections to domestic terrorism.</text> </paragraph><paragraph id="HAC547A9B00D1496A8F8265DEAB7DDE45"><enum>(2)</enum><text>Information on trends in the use of online platforms for such terrorism.</text> </paragraph><paragraph id="H70A60A414CF3433CB3E18DDFB0B7E67A"><enum>(3)</enum><text>Strategies that foreign governments have undertaken to counter such terrorism.</text> </paragraph><paragraph id="HDC4C6625C679433FAF028C4D3971A101"><enum>(4)</enum><text>The potential benefits and risks of implementing such strategies in the United States, including any potential harm to local communities, privacy, civil rights, civil liberties, and safety.</text> </paragraph></subsection></section><enum>III</enum><header>Authorization of Appropriations and Rules of Construction</header> <section id="HFB3F4C684BA14768B8244B1FF1D399B5"><enum>301.</enum><header>Authorization of appropriations</header><text display-inline="no-display-inline">There are authorized to be appropriated $2,000,000 for each of fiscal years 2020 through 2026 to carry out this Act, of which $1,000,000 is authorized to be appropriated for each of such fiscal years for the completion of the joint reports on domestic terrorism and international terrorism under section 101, and $1,000,000 is authorized to be appropriated for each of such fiscal years to carry out section 201.</text> </section><section id="HABB5C6084CF547D4816982E13CFBAAD7"><enum>302.</enum><header>Rules of construction</header> <subsection id="HD3958B1C721447A19A42ECBCC899C1C4"><enum>(a)</enum><header>PII</header><text>No report or database created pursuant to this Act may contain the personally identifiable information of any person except persons indicted or convicted of a crime with a domestic terrorism or international terrorism nexus.</text> </subsection><subsection id="HE212BE07F44945ECAAF51C30B3A7070C"><enum>(b)</enum><header>Discourse</header><text>No report or database created pursuant to this Act may contain the name or other identifiable information of any organization engaged in lawful political or public discourse in the United States protected under the First Amendment of the United States Constitution.</text> </subsection><subsection id="H9AA38B245C3645F9A5B51A9227115702"><enum>(c)</enum><header>Protection</header><text>Nothing in this Act abrogates, diminishes, or weakens the provisions of any Federal or State law that prevents or protects against the unauthorized collection or release of personal records or personally identifiable information.</text> </subsection><subsection id="HCBEA3F8A71674BB780F1B8643A279002"><enum>(d)</enum><header>Domestic terrorism related information</header><text>Nothing in this Act may be construed as authorizing the submission of the joint report required under section 101 of this Act in a form that does not include information required with respect to domestic terrorism.</text> </subsection></section>Amend the title so as to read: A bill to require a joint domestic and international terrorism report, authorize research within the Department of Homeland Security on current trends in domestic terrorism, and for other purposes.. September 19, 2019Reported from the Committee on Homeland Security with amendmentsSeptember 19, 2019 Committee on the Judiciary discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed