[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3118 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 3118

 To establish a unified database and public reporting for purposes of 
  tracking and evaluating domestic terrorism incidents, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 19, 2019

Mr. Johnson (for himself and Mr. Peters) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To establish a unified database and public reporting for purposes of 
  tracking and evaluating domestic terrorism incidents, 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 ``Terrorism Reporting And Classifying 
Act of 2019'' or the ``TRAC Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Agency.--The term ``agency'' has the meaning given the 
        term in section 551 of title 5, United States Code.
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs, the Committee on the Judiciary, 
                and the Select Committee on Intelligence of the Senate; 
                and
                    (B) the Committee on Homeland Security, the 
                Committee on the Judiciary, and the Permanent Select 
                Committee on Intelligence of the House of 
                Representatives.
            (3) Data.--The term ``data''--
                    (A) means all relevant information collected by an 
                agency on a terrorism-related incident that can be used 
                for recordkeeping and studying long-term trends of 
                certain phenomena as it relates to terrorism; and
                    (B) does not include intelligence gathered by an 
                agency for operational purposes.
            (4) Database.--The term ``database'' means a central 
        repository that holds data for the purpose of understanding and 
        providing trends and insight on terrorism.
            (5) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (6) Domestic terrorism.--The term ``domestic terrorism'' 
        has the meaning given the term in section 2331 of title 18, 
        United States Code.
            (7) Hate crime.--The term ``hate crime'' means a criminal 
        offense under--
                    (A) section 241, 245, 247, or 249 of title 18, 
                United States Code; or
                    (B) section 901 of the Civil Rights Act of 1968 (42 
                U.S.C. 3631).
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (9) Working group.--The term ``Working Group'' means the 
        Interagency Domestic Terrorism Data Working Group established 
        under section 3(a).

SEC. 3. INTERAGENCY DOMESTIC TERRORISM DATA WORKING GROUP.

    (a) Establishment.--There is established within the Department an 
Interagency Domestic Terrorism Data Working Group to coordinate the 
collection and reporting of Federal data related to domestic terrorism 
incidents.
    (b) Membership.--The Working Group shall be comprised of 
representatives from--
            (1) the Department;
            (2) the Department of Justice;
            (3) the Federal Bureau of Investigation; and
            (4) the National Counterterrorism Center.
    (c) Chairman.--The Working Group shall be chaired by a 
representative of the Department, as appointed by the Secretary.
    (d) Duties.--The Working Group shall--
            (1) not later than 90 days after the date of enactment of 
        this Act, establish a standard interpretation of the definition 
        for the term ``domestic terrorism'' in section 2331 of title 
        18, United States Code, including a shared lexicon of 
        categories and subcategories for classifying acts of domestic 
        terrorism, which shall be used by each entity described in 
        paragraphs (1) through (4) of subsection (b) to contribute 
        information or data under section 4;
            (2) establish a unified Federal database, housed and 
        maintained by the Department, to store information and data 
        relating to domestic terrorism incidents required to be 
        submitted under section 4; and
            (3) not later than 7 days after carrying out the 
        requirements under paragraph (1), provide to the appropriate 
        congressional committees the interpretation required under 
        paragraph (1), including an explanation of how the 
        interpretation adheres to the definition of the term in section 
        2331 of title 18, United States Code.

SEC. 4. REPORTING OF DOMESTIC TERRORISM INCIDENTS.

    (a) Required Reporting.--Each entity described in paragraphs (1) 
through (4) of section 3(b) shall report all information or data 
obtained by the entity relating to a domestic terrorism incident to the 
unified Federal database required to be established under section 
3(d)(2).
    (b) Reporting Process.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary, in consultation with each 
        member of the Working Group, shall establish a process to be 
        used by each entity described in subsection (a) to report the 
        information required under subsection (a) to the unified 
        Federal database required to be established under section 
        3(d)(2).
            (2) Requirement.--The process established under paragraph 
        (1) shall require that each entity described in subsection (a) 
        identify in the report to the unified Federal database the 
        category and subcategory in which the entity determined to 
        place the domestic terrorism incident, the reasons for that 
        determination, and an explanation of any disagreement in 
        categorizing the incident.

SEC. 5. ANNUAL REPORTING.

    (a) Initial Report.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Working Group shall submit to the 
        appropriate congressional committees a report detailing each 
        completed or attempted domestic terrorism incident during the 
        5-year period preceding the report using the categories and 
        subcategories in existence at the time of the incident or its 
        initial classification.
            (2) Contents.--The report required under paragraph (1) 
        shall--
                    (A) describe the Working Group-developed uniform 
                and standardized--
                            (i) interpretation of the term ``domestic 
                        terrorism'';
                            (ii) methodologies for tracking incidents 
                        of domestic terrorism;
                            (iii) descriptions of categories and 
                        subcategories of domestic terrorism used; and
                            (iv) an explanation of each category and 
                        subcategory included in clause (iii);
                    (B) contain information, disaggregated by the 
                categories and subcategories described in subparagraph 
                (A)(iii), on--
                            (i) the number of domestic terrorist 
                        attacks;
                            (ii) the number of casualties caused by 
                        domestic terrorism attacks;
                            (iii) the number of Federal investigations 
                        with a nexus to domestic terrorism, the number 
                        of such investigations that were initiated as 
                        the result of a hate crime investigation, and 
                        the number of such investigations under each 
                        classification and subclassification associated 
                        with the Central Records System or any 
                        successor system of the Federal Bureau of 
                        Investigation;
                            (iv) the number of assessments with a nexus 
                        to domestic terrorism;
                            (v) the number of domestic terrorism cases 
                        referred from State and local law enforcement 
                        agencies;
                            (vi) the number of Federal criminal charges 
                        filed with a domestic terrorism nexus;
                            (vii) the number of Federal criminal 
                        convictions with a domestic terrorism nexus;
                            (viii) the reporting sources and 
                        quantitative methods used to gather the data 
                        for reporting on domestic terrorism, including 
                        Federal, State, and Tribal database 
                        comparisons;
                            (ix) information pertaining to funding and 
                        resourcing, including--
                                    (I) staffing and organizational 
                                charts disaggregated by title and 
                                office; and
                                    (II) funding and budgets dedicated 
                                to investigating, intelligence 
                                gathering and reporting, arresting, and 
                                prosecution of domestic terrorism 
                                cases, as well as grant money 
                                allocated, disaggregated by office;
                            (x) the sharing of information relating to 
                        domestic and international terrorism, if any, 
                        by and between--
                                    (I) the Federal Government;
                                    (II) State, local, Tribal, 
                                territorial, and foreign governments;
                                    (III) the appropriate congressional 
                                committees;
                                    (IV) nongovernmental organizations; 
                                and
                                    (V) the private sector;
                            (xi) any original research sponsored by the 
                        relevant agencies that relates to domestic 
                        terrorism;
                            (xii) evaluations and assessments of 
                        terrorism prevention programs sponsored by the 
                        Federal Government;
                            (xiii) compliance by the Federal Government 
                        with privacy, civil rights, and civil liberties 
                        policies and protections applicable to the 
                        production of the report under paragraph (1), 
                        including protections against the public 
                        release of names or other personally 
                        identifiable information of individuals 
                        involved in incidents, investigations, 
                        indictments, prosecutions, or convictions for 
                        which data is reported under this section, as 
                        well as personally identifiable information 
                        connected to terrorism prevention programs; and
                            (xiv) information regarding any training or 
                        resources provided by the Department or the 
                        Federal Bureau of Investigation to assist 
                        Federal, State, local, and Tribal law 
                        enforcement agencies in understanding, 
                        detecting, deterring and investigating acts of 
                        domestic terrorism, including the date, type, 
                        subject, and recipient agencies of the training 
                        or resources; and
                    (C) contain an assessment, including--
                            (i) an analysis of the current domestic 
                        terrorism landscape, including the 
                        identification of trends in attacks or 
                        incidents broken down by the categories and 
                        subcategories described in subparagraph 
                        (A)(iii), and other relevant information; and
                            (ii) an analysis of the mechanisms used to 
                        promote or incite domestic terrorism.
            (3) Classification and public release.--The report required 
        under paragraph (1) shall be--
                    (A) unclassified, but may contain a classified 
                annex;
                    (B) with respect to the unclassified portion of the 
                report, made available on the public internet websites 
                of the Department, the Federal Bureau of Investigation, 
                and the National Counterterrorism Center--
                            (i) not later than 30 days after submission 
                        of the report to the appropriate congressional 
                        committees; and
                            (ii) in an electronic format that is fully 
                        indexed and searchable;
                    (C) with respect to a classified annex or 
                information for official use only, distributed to 
                appropriately cleared or approved State and local law 
                enforcement; and
                    (D) with respect to a classified annex, submitted 
                to the appropriate congressional committees in an 
                electronic format that is fully indexed and searchable.
            (4) Information quality.--The report required under 
        paragraph (1), to the extent applicable, 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-153).
    (b) Annual Reports.--Not later than 1 year after the date on which 
the report required under subsection (a) is submitted, and each year 
thereafter for 10 years, and as may be reauthorized, the Working Group 
shall submit to the appropriate congressional committees an updated 
report containing the information described in subsection (a)(2) for 
the 1-year period preceding the updated report.
    (c) Provision of Other Documents and Materials.--Together with each 
report required under subsections (a) and (b), each entity described in 
paragraphs (1) through (4) of section 3(b) shall submit to the 
congressional committees described in subsection (a)(1) the following 
documents and materials, in complete and unredacted form:
            (1) With respect to the Department--
                    (A)(i) a list of products produced by the Office of 
                Intelligence and Analysis relating to domestic 
                terrorism; and
                    (ii) a means of accessing each such product; and
                    (B) the Department of Homeland Security and Federal 
                Bureau of Investigation Joint Intelligence Bulletins.
            (2) With respect to the Federal Bureau of Investigation and 
        the Department of Justice, the most recent approved versions 
        of--
                    (A) the Attorney General's guidelines for Domestic 
                Federal Bureau of Investigation Operations, or any 
                successor thereto;
                    (B) the Federal Bureau of Investigation Domestic 
                Investigations and Operations Guide, or any successor 
                thereto;
                    (C) the Federal Bureau of Investigation 
                Counterterrorism Policy Guide, or any successor 
                thereto; and
                    (D) materials sufficient to show the rankings of 
                domestic terrorism in relation to other threats within 
                the Threat Review and Prioritization process, with 
                respect to the headquarters and each field office of 
                the Federal Bureau of Investigation.
            (3) With respect to the National Counterterrorism Center--
                    (A) a list of all intelligence products related to 
                domestic terrorism;
                    (B) a list of all guidelines and procedures for the 
                intelligence community related to the domestic 
                terrorism mission space; and
                    (C) a means of accessing each such product.
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