[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3106 Referred in Senate (RFS)]

<DOC>
116th CONGRESS
  1st Session
                                H. R. 3106


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 15, 2019

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 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:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.