[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3106 Engrossed in House (EH)]
<DOC>
116th CONGRESS
1st Session
H. R. 3106
_______________________________________________________________________
AN ACT
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.
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 and International Terrorism
Documentation and Analysis of Threats in America Act'' or the
``Domestic and International Terrorism DATA Act''.
SEC. 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.
TITLE I--FEDERAL EFFORTS AGAINST DOMESTIC TERRORISM AND INTERNATIONAL
TERRORISM
SEC. 101. JOINT DOMESTIC TERRORISM AND INTERNATIONAL TERRORISM REPORT.
(a) Annual Report Required.--Not later than 180 days after the date
of the enactment of this Act and annually thereafter for 5 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.
(b) Contents.--
(1) In general.--Each report submitted under subsection (a)
shall include the following:
(A) All guidance, policy memos, and related
documents regarding the following:
(i) The criteria for opening an
investigation for domestic terrorism or
international terrorism or another crime with a
nexus to domestic terrorism or international
terrorism, including any standards of proof
required before opening such investigation.
(ii) Sharing of domestic terrorism or
international terrorism information across law
enforcement agencies.
(iii) 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.
(B) A description of the methodology utilized to
identify domestic terrorism and international terrorism
investigative classifications (including any
subcategories) and to assign an investigative
classification (including any subcategory) to a
domestic terrorism or international terrorism incident.
(C) Threat prioritization determinations made each
year by the Federal Bureau of Investigation, consistent
with appropriate classification standards.
(D) The information required under paragraph (2).
(2) Information on domestic terrorism and international
terrorism.--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--
(A) 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
(B) in each subsequent report for the preceding
fiscal year--
(i) 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;
(ii) the number of--
(I) 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;
(II) indictments with a domestic
terrorism or international terrorism
nexus, disaggregated by investigative
classification (including any
subcategories) and component or sub-
component responsible for each such
indictment, and an explanation of each
such indictment;
(III) prosecutions with a domestic
terrorism or international terrorism
nexus, disaggregated by investigative
classification (including any
subcategories) and component or sub-
component responsible for each such
prosecution, and an explanation of each
such prosecution; and
(IV) convictions with a domestic
terrorism or international terrorism
nexus, disaggregated by investigative
classification (including any
subcategories) and component or sub-
component responsible for each such
conviction, and an explanation of each
such conviction;
(iii) 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; and
(iv) the number of referrals to State
authorities with a domestic terrorism or
international terrorism nexus, disaggregated by
investigative classification (including any
subcategories) and component or sub-component
responsible for each such referral, and an
explanation of each such referral.
(3) Breakdown of certain information.--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.
(c) Format.--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.
(d) Information Quality.--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 (Public Law 106-554; 114
Stat. 2763A-154) (commonly referred to as the ``Data Quality Act'').
(e) Classification and Public Release.--Each report submitted under
subsection (a) shall be--
(1) unclassified with a classified annex only if necessary;
and
(2) 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.
SEC. 102. ANNUAL COMPTROLLER GENERAL AUDIT OF JOINT REPORT ON DOMESTIC
TERRORISM AND INTERNATIONAL TERRORISM.
(a) Reviews Required.--Not later than 180 days after each
submission of a joint report on domestic terrorism and international
terrorism under section 101(a) and for 5 years thereafter, the
Comptroller General of the United States shall submit to the
appropriate congressional committees an audit of each such report.
(b) Elements of Review.--In conducting each audit under subsection
(a), the Comptroller General of the United States shall--
(1) 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;
(2) 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);
(3) evaluate all guidance, policy memos, and related
documents utilized to decide to initiate investigations with a
domestic terrorism nexus; and
(4) include any other subject matter the Comptroller
General determines appropriate.
(c) Access to Relevant Data.--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.
TITLE II--HOMELAND SECURITY RESEARCH ON DOMESTIC TERRORISM AND
INTERNATIONAL TERRORISM
SEC. 201. RESEARCH ON DOMESTIC TERRORISM AND INTERNATIONAL TERRORISM.
(a) Report.--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 appropriate congressional
committees 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.
(b) Contents.--Each report submitted under subsection (a) shall
include the following:
(1) Information on international terrorism with
ideological, financial, logistical, or other connections to
domestic terrorism.
(2) Information on trends in the use of online platforms
for such terrorism.
(3) Strategies that foreign governments have undertaken to
counter such terrorism.
(4) 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.
(c) Form.--Each report submitted under subsection (a) shall be
submitted in unclassified format but may contain a classified annex
only if the Secretary determines such is necessary. Each such
unclassified report shall be posted on the public website of the
Department of Homeland Security.
TITLE III--AUTHORIZATION OF APPROPRIATIONS AND RULES OF CONSTRUCTION
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
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.
SEC. 302. RULES OF CONSTRUCTION.
(a) PII.--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.
(b) Discourse.--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.
(c) Protection.--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.
(d) Domestic Terrorism Related Information.--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.
Passed the House of Representatives September 26, 2019.
Attest:
Clerk.
116th CONGRESS
1st Session
H. R. 3106
_______________________________________________________________________
AN ACT
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.