Domestic and International Terrorism DATA Act

IIB 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 re- port, authorize research within the Department of Home- land Security on current trends in domestic terrorism, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 01:32 Oct 16, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3106.RFS H3106 snicholson on DSK30NT082PROD with BILLS 2 HR 3106 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Domestic and Inter- 2 national Terrorism Documentation and Analysis of 3 Threats in America Act’’ or the ‘‘Domestic and Inter- 4 national Terrorism DATA Act’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 (1) APPROPRIATE CONGRESSIONAL COMMIT- 8 TEES.—The term ‘‘appropriate congressional com- 9 mittees’’ means the Committee on Homeland Secu- 10 rity, the Committee on the Judiciary, and the Per- 11 manent Select Committee on Intelligence of the 12 House of Representatives and the Committee on 13 Homeland Security and Governmental Affairs, the 14 Committee on the Judiciary, and the Select Com- 15 mittee on Intelligence of the Senate. 16 (2) DIRECTOR.—The term ‘‘Director’’ means 17 the Director of the Federal Bureau of Investigation. 18 (3) DOMESTIC TERRORISM.—The term ‘‘domes- 19 tic terrorism’’ has the meaning given such term in 20 section 2331 of title 18, United States Code. 21 (4) HATE CRIME.—The term ‘‘hate crime’’ 22 means criminal offenses committed in violation of 23 sections 241, 245, 247, and 249 of title 18, United 24 States Code, and section 3631 of title 42, United 25 State Code. 26 VerDate Sep 11 2014 01:32 Oct 16, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3106.RFS H3106 snicholson on DSK30NT082PROD with BILLS 3 HR 3106 RFS (5) INTERNATIONAL TERRORISM.—The term 1 ‘‘international terrorism’’ has the meaning given 2 such term in section 2331 of title 18, United States 3 Code. 4 (6) ONLINE PLATFORM.—The term ‘‘online 5 platform’’ means any public-facing website, web ap- 6 plication, or digital application, including a mobile 7 application, and includes a social network, an ad 8 network, a search engine, or an email service. 9 (7) PERSONALLY IDENTIFIABLE INFORMA- 10 TION.—The term ‘‘personally identifiable informa- 11 tion’’ means any information about an individual 12 elicited, collected, stored, or maintained by an agen- 13 cy, including the following: 14 (A) Any information that can be used to 15 distinguish or trace the identity of an indi- 16 vidual, such as a name, a social security num- 17 ber, a date and place of birth, a mother’s maid- 18 en name, or biometric records. 19 (B) Any other information that is linked or 20 linkable to an individual, such as medical, edu- 21 cational, financial, or employment information. 22 (8) SECRETARY.—The term ‘‘Secretary’’ means 23 the Secretary of Homeland Security. 24 VerDate Sep 11 2014 01:32 Oct 16, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3106.RFS H3106 snicholson on DSK30NT082PROD with BILLS 4 HR 3106 RFS TITLE I—FEDERAL EFFORTS 1 AGAINST DOMESTIC TER- 2 RORISM AND INTER- 3 NATIONAL TERRORISM 4 SEC. 101. JOINT DOMESTIC TERRORISM AND INTER- 5 NATIONAL TERRORISM REPORT. 6 (a) ANNUAL REPORT REQUIRED.—Not later than 7 180 days after the date of the enactment of this Act and 8 annually thereafter for 5 years, the Secretary, the Attor- 9 ney General, and the Director shall submit to the Comp- 10 troller General of the United States and the appropriate 11 congressional committees a joint report on domestic ter- 12 rorism and international terrorism. 13 (b) CONTENTS.— 14 (1) IN GENERAL.—Each report submitted 15 under subsection (a) shall include the following: 16 (A) All guidance, policy memos, and re- 17 lated documents regarding the following: 18 (i) The criteria for opening an inves- 19 tigation for domestic terrorism or inter- 20 national terrorism or another crime with a 21 nexus to domestic terrorism or inter- 22 national terrorism, including any standards 23 of proof required before opening such in- 24 vestigation. 25 VerDate Sep 11 2014 01:32 Oct 16, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3106.RFS H3106 snicholson on DSK30NT082PROD with BILLS 5 HR 3106 RFS (ii) Sharing of domestic terrorism or 1 international terrorism information across 2 law enforcement agencies. 3 (iii) Federal requirements and compli- 4 ance with privacy, civil rights, and civil lib- 5 erties policies and protections, including 6 protections against the public release of 7 the names or personally identifiable infor- 8 mation of individuals involved in incidents, 9 investigations, indictments, prosecutions, 10 or convictions for which data is reported 11 under this section. 12 (B) A description of the methodology uti- 13 lized to identify domestic terrorism and inter- 14 national terrorism investigative classifications 15 (including any subcategories) and to assign an 16 investigative classification (including any sub- 17 category) to a domestic terrorism or inter- 18 national terrorism incident. 19 (C) Threat prioritization determinations 20 made each year by the Federal Bureau of In- 21 vestigation, consistent with appropriate classi- 22 fication standards. 23 (D) The information required under para- 24 graph (2). 25 VerDate Sep 11 2014 01:32 Oct 16, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3106.RFS H3106 snicholson on DSK30NT082PROD with BILLS 6 HR 3106 RFS (2) INFORMATION ON DOMESTIC TERRORISM 1 AND INTERNATIONAL TERRORISM.—Except as pro- 2 vided in subparagraph (A), each report submitted 3 under subsection (a) shall include information on in- 4 cidents of domestic terrorism and international ter- 5 rorism, including, with respect to each investigative 6 classification (including any subcategory) of each 7 such incident, the number and type of actual and at- 8 tempted property crimes, the number and type of ac- 9 tual and attempted attacks on persons, the number 10 of people injured, and the number of people killed, 11 and— 12 (A) in the first such report, data on inci- 13 dents or attempted incidents of domestic ter- 14 rorism and international terrorism that have oc- 15 curred in the United States since April 19, 16 1995, disaggregated by fiscal year, including, 17 with respect to each such incident, the number 18 and type of property crimes, the number and 19 type of actual and attempted attacks on per- 20 sons, the number of people injured, and number 21 of people killed; and 22 (B) in each subsequent report for the pre- 23 ceding fiscal year— 24 VerDate Sep 11 2014 01:32 Oct 16, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3106.RFS H3106 snicholson on DSK30NT082PROD with BILLS 7 HR 3106 RFS (i) data on incidents or attempted in- 1 cidents of domestic terrorism and inter- 2 national terrorism that occurred in the 3 United States, including, with respect to 4 each such incident, the number and type of 5 actual and attempted property crimes, the 6 number and type of actual and attempted 7 attacks on persons, the number of people 8 injured, and the number of people killed; 9 (ii) the number of— 10 (I) assessments, preliminary in- 11 vestigations, and full investigations 12 with a domestic terrorism or inter- 13 national terrorism nexus initiated by 14 the Federal Bureau of Investigation, 15 disaggregated by investigative classi- 16 fication (including any subcategories), 17 and the number of such investigations 18 that were initiated as a result of a 19 hate crime investigation; 20 (II) indictments with a domestic 21 terrorism or international terrorism 22 nexus, disaggregated by investigative 23 classification (including any subcat- 24 egories) and component or sub-compo- 25 VerDate Sep 11 2014 01:32 Oct 16, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3106.RFS H3106 snicholson on DSK30NT082PROD with BILLS 8 HR 3106 RFS nent responsible for each such indict- 1 ment, and an explanation of each such 2 indictment; 3 (III) prosecutions with a domes- 4 tic terrorism or international ter- 5 rorism nexus, disaggregated by inves- 6 tigative classification (including any 7 subcategories) and component or sub- 8 component responsible for each such 9 prosecution, and an explanation of 10 each such prosecution; and 11 (IV) convictions with a domestic 12 terrorism or international terrorism 13 nexus, disaggregated by investigative 14 classification (including any subcat- 15 egories) and component or sub-compo- 16 nent responsible for each such convic- 17 tion, and an explanation of each such 18 conviction; 19 (iii) the number of full-time staff, in- 20 cluding position descriptions, employed by 21 the Department of Homeland Security and 22 the Department of Justice to handle mat- 23 ters described in subclauses (I) through 24 (IV) of clause (ii), disaggregated by domes- 25 VerDate Sep 11 2014 01:32 Oct 16, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3106.RFS H3106 snicholson on DSK30NT082PROD with BILLS 9 HR 3106 RFS tic terrorism and international terrorism; 1 and 2 (iv) the number of referrals to State 3 authorities with a domestic terrorism or 4 international terrorism nexus, 5 disaggregated by investigative classification 6 (including any subcategories) and compo- 7 nent or sub-component responsible for each 8 such referral, and an explanation of each 9 such referral. 10 (3) BREAKDOWN OF CERTAIN INFORMATION.— 11 The information provided under paragraph (2) re- 12 lated to the number of people killed or injured shall 13 include a breakdown of law enforcement, first re- 14 sponders, military personnel, and other government 15 officials. 16 (c) FORMAT.—The information required pursuant to 17 subclauses (I) through (IV) of subsection (b)(2)(B)(ii) 18 may be provided in a format that uses the marking associ- 19 ated with the Central Records System or any successor 20 system. 21 (d) INFORMATION QUALITY.—Each report submitted 22 under subsection (a) shall comply with the guidelines 23 issued by the Director of the Office of Management and 24 Budget pursuant to section 515 of title V of the Consoli- 25 VerDate Sep 11 2014 01:32 Oct 16, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3106.RFS H3106 snicholson on DSK30NT082PROD with BILLS 10 HR 3106 RFS dated Appropriations Act, 2001 (Public Law 106–554; 1 114 Stat. 2763A–154) (commonly referred to as the 2 ‘‘Data Quality Act’’). 3 (e) CLASSIFICATION AND PUBLIC RELEASE.—Each 4 report submitted under subsection (a) shall be— 5 (1) unclassified with a classified annex only if 6 necessary; and 7 (2) in the case of the unclassified portion of 8 each such report, posted on the public websites of 9 the Department of Homeland Security, the Depart- 10 ment of Justice, and the Federal Bureau of Inves- 11 tigation. 12 SEC. 102. ANNUAL COMPTROLLER GENERAL AUDIT OF 13 JOINT REPORT ON DOMESTIC TERRORISM 14 AND INTERNATIONAL TERRORISM. 15 (a) REVIEWS REQUIRED.—Not later than 180 days 16 after each submission of a joint report on domestic ter- 17 rorism and international terrorism under section 101(a) 18 and for 5 years thereafter, the Comptroller General of the 19 United States shall submit to the appropriate congres- 20 sional committees an audit of each such report. 21 (b) ELEMENTS OF REVIEW.—In conducting each 22 audit under subsection (a), the Comptroller General of the 23 United States shall— 24 VerDate Sep 11 2014 01:32 Oct 16, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3106.RFS H3106 snicholson on DSK30NT082PROD with BILLS 11 HR 3106 RFS (1) use standard methodology and reporting 1 formats in order to identify, demonstrate, and dis- 2 play any changes over time, including relating to the 3 number of investigations, indictments, prosecutions, 4 convictions, and full-time staff between report sub- 5 missions; 6 (2) evaluate adherence to such standard meth- 7 odology and the privacy, civil rights, and civil lib- 8 erties policies and protections set forth in section 9 101(b)(1)(A)(iii) and 101(b)(1)(B); 10 (3) evaluate all guidance, policy memos, and re- 11 lated documents utilized to decide to initiate inves- 12 tigations with a domestic terrorism nexus; and 13 (4) include any other subject matter the Comp- 14 troller General determines appropriate. 15 (c) ACCESS TO RELEVANT DATA.—The Attorney 16 General, the Director, and the Secretary shall ensure that 17 the Comptroller General of the United States has access 18 to all data necessary to conduct each audit under sub- 19 section (a), consistent with section 716(a) of title 31, 20 United States Code. 21 VerDate Sep 11 2014 01:32 Oct 16, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3106.RFS H3106 snicholson on DSK30NT082PROD with BILLS 12 HR 3106 RFS TITLE II—HOMELAND SECURITY 1 RESEARCH ON DOMESTIC 2 TERRORISM AND INTER- 3 NATIONAL TERRORISM 4 SEC. 201. RESEARCH ON DOMESTIC TERRORISM AND 5 INTERNATIONAL TERRORISM. 6 (a) REPORT.—Not later than 180 days after the date 7 of enactment of this Act and annually thereafter, the Sec- 8 retary, acting through the Under Secretary for Science 9 and Technology of the Department of Homeland Security, 10 shall submit to the appropriate congressional committees 11 a report on international terrorism with a nexus, including 12 an ideological or other relationship, with a current trend 13 in domestic terrorism in the United States. Each such re- 14 port shall take into consideration acts that resulted in in- 15 dictment, prosecution, or conviction, and any patterns 16 among such terrorist acts. 17 (b) CONTENTS.—Each report submitted under sub- 18 section (a) shall include the following: 19 (1) Information on international terrorism with 20 ideological, financial, logistical, or other connections 21 to domestic terrorism. 22 (2) Information on trends in the use of online 23 platforms for such terrorism. 24 VerDate Sep 11 2014 01:32 Oct 16, 2019 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3106.RFS H3106 snicholson on DSK30NT082PROD with BILLS 13 HR 3106 RFS (3) Strategies that foreign governments have 1 undertaken to counter such terrorism. 2 (4) The potential benefits and risks of imple- 3 menting such strategies in the United States, includ- 4 ing any potential harm to local communities, pri- 5 vacy, civil rights, civil liberties, and safety. 6 (c) FORM.—Each report submitted under subsection 7 (a) shall be submitted in unclassified format but may con- 8 tain a classified annex only if the Secretary determines [Text truncated for display. 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