TRAC Act

II 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 Secu- rity 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Terrorism Reporting 4 And Classifying Act of 2019’’ or the ‘‘TRAC Act’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 VerDate Sep 11 2014 20:09 Dec 30, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3118.IS S3118 lotter on DSKBCFDHB2PROD with BILLS 2 •S 3118 IS (1) AGENCY.—The term ‘‘agency’’ has the 1 meaning given the term in section 551 of title 5, 2 United States Code. 3 (2) APPROPRIATE CONGRESSIONAL COMMIT- 4 TEES.—The term ‘‘appropriate congressional com- 5 mittees’’ means— 6 (A) the Committee on Homeland Security 7 and Governmental Affairs, the Committee on 8 the Judiciary, and the Select Committee on In- 9 telligence of the Senate; and 10 (B) the Committee on Homeland Security, 11 the Committee on the Judiciary, and the Per- 12 manent Select Committee on Intelligence of the 13 House of Representatives. 14 (3) DATA.—The term ‘‘data’’— 15 (A) means all relevant information col- 16 lected by an agency on a terrorism-related inci- 17 dent that can be used for recordkeeping and 18 studying long-term trends of certain phenomena 19 as it relates to terrorism; and 20 (B) does not include intelligence gathered 21 by an agency for operational purposes. 22 (4) DATABASE.—The term ‘‘database’’ means a 23 central repository that holds data for the purpose of 24 VerDate Sep 11 2014 15:54 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3118.IS S3118 lotter on DSKBCFDHB2PROD with BILLS 3 •S 3118 IS understanding and providing trends and insight on 1 terrorism. 2 (5) DEPARTMENT.—The term ‘‘Department’’ 3 means the Department of Homeland Security. 4 (6) DOMESTIC TERRORISM.—The term ‘‘domes- 5 tic terrorism’’ has the meaning given the term in 6 section 2331 of title 18, United States Code. 7 (7) HATE CRIME.—The term ‘‘hate crime’’ 8 means a criminal offense under— 9 (A) section 241, 245, 247, or 249 of title 10 18, United States Code; or 11 (B) section 901 of the Civil Rights Act of 12 1968 (42 U.S.C. 3631). 13 (8) SECRETARY.—The term ‘‘Secretary’’ means 14 the Secretary of Homeland Security. 15 (9) WORKING GROUP.—The term ‘‘Working 16 Group’’ means the Interagency Domestic Terrorism 17 Data Working Group established under section 3(a). 18 SEC. 3. INTERAGENCY DOMESTIC TERRORISM DATA WORK- 19 ING GROUP. 20 (a) ESTABLISHMENT.—There is established within 21 the Department an Interagency Domestic Terrorism Data 22 Working Group to coordinate the collection and reporting 23 of Federal data related to domestic terrorism incidents. 24 VerDate Sep 11 2014 15:54 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3118.IS S3118 lotter on DSKBCFDHB2PROD with BILLS 4 •S 3118 IS (b) MEMBERSHIP.—The Working Group shall be 1 comprised of representatives from— 2 (1) the Department; 3 (2) the Department of Justice; 4 (3) the Federal Bureau of Investigation; and 5 (4) the National Counterterrorism Center. 6 (c) CHAIRMAN.—The Working Group shall be chaired 7 by a representative of the Department, as appointed by 8 the Secretary. 9 (d) DUTIES.—The Working Group shall— 10 (1) not later than 90 days after the date of en- 11 actment of this Act, establish a standard interpreta- 12 tion of the definition for the term ‘‘domestic ter- 13 rorism’’ in section 2331 of title 18, United States 14 Code, including a shared lexicon of categories and 15 subcategories for classifying acts of domestic ter- 16 rorism, which shall be used by each entity described 17 in paragraphs (1) through (4) of subsection (b) to 18 contribute information or data under section 4; 19 (2) establish a unified Federal database, housed 20 and maintained by the Department, to store infor- 21 mation and data relating to domestic terrorism inci- 22 dents required to be submitted under section 4; and 23 (3) not later than 7 days after carrying out the 24 requirements under paragraph (1), provide to the 25 VerDate Sep 11 2014 15:54 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3118.IS S3118 lotter on DSKBCFDHB2PROD with BILLS 5 •S 3118 IS appropriate congressional committees the interpreta- 1 tion required under paragraph (1), including an ex- 2 planation of how the interpretation adheres to the 3 definition of the term in section 2331 of title 18, 4 United States Code. 5 SEC. 4. REPORTING OF DOMESTIC TERRORISM INCIDENTS. 6 (a) REQUIRED REPORTING.—Each entity described 7 in paragraphs (1) through (4) of section 3(b) shall report 8 all information or data obtained by the entity relating to 9 a domestic terrorism incident to the unified Federal data- 10 base required to be established under section 3(d)(2). 11 (b) REPORTING PROCESS.— 12 (1) IN GENERAL.—Not later than 90 days after 13 the date of enactment of this Act, the Secretary, in 14 consultation with each member of the Working 15 Group, shall establish a process to be used by each 16 entity described in subsection (a) to report the infor- 17 mation required under subsection (a) to the unified 18 Federal database required to be established under 19 section 3(d)(2). 20 (2) REQUIREMENT.—The process established 21 under paragraph (1) shall require that each entity 22 described in subsection (a) identify in the report to 23 the unified Federal database the category and sub- 24 category in which the entity determined to place the 25 VerDate Sep 11 2014 15:54 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3118.IS S3118 lotter on DSKBCFDHB2PROD with BILLS 6 •S 3118 IS domestic terrorism incident, the reasons for that de- 1 termination, and an explanation of any disagreement 2 in categorizing the incident. 3 SEC. 5. ANNUAL REPORTING. 4 (a) INITIAL REPORT.— 5 (1) IN GENERAL.—Not later than 180 days 6 after the date of enactment of this Act, the Working 7 Group shall submit to the appropriate congressional 8 committees a report detailing each completed or at- 9 tempted domestic terrorism incident during the 5- 10 year period preceding the report using the categories 11 and subcategories in existence at the time of the in- 12 cident or its initial classification. 13 (2) CONTENTS.—The report required under 14 paragraph (1) shall— 15 (A) describe the Working Group-developed 16 uniform and standardized— 17 (i) interpretation of the term ‘‘domes- 18 tic terrorism’’; 19 (ii) methodologies for tracking inci- 20 dents of domestic terrorism; 21 (iii) descriptions of categories and 22 subcategories of domestic terrorism used; 23 and 24 VerDate Sep 11 2014 15:54 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3118.IS S3118 lotter on DSKBCFDHB2PROD with BILLS 7 •S 3118 IS (iv) an explanation of each category 1 and subcategory included in clause (iii); 2 (B) contain information, disaggregated by 3 the categories and subcategories described in 4 subparagraph (A)(iii), on— 5 (i) the number of domestic terrorist 6 attacks; 7 (ii) the number of casualties caused 8 by domestic terrorism attacks; 9 (iii) the number of Federal investiga- 10 tions with a nexus to domestic terrorism, 11 the number of such investigations that 12 were initiated as the result of a hate crime 13 investigation, and the number of such in- 14 vestigations under each classification and 15 subclassification associated with the Cen- 16 tral Records System or any successor sys- 17 tem of the Federal Bureau of Investiga- 18 tion; 19 (iv) the number of assessments with a 20 nexus to domestic terrorism; 21 (v) the number of domestic terrorism 22 cases referred from State and local law en- 23 forcement agencies; 24 VerDate Sep 11 2014 15:54 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3118.IS S3118 lotter on DSKBCFDHB2PROD with BILLS 8 •S 3118 IS (vi) the number of Federal criminal 1 charges filed with a domestic terrorism 2 nexus; 3 (vii) the number of Federal criminal 4 convictions with a domestic terrorism 5 nexus; 6 (viii) the reporting sources and quan- 7 titative methods used to gather the data 8 for reporting on domestic terrorism, in- 9 cluding Federal, State, and Tribal data- 10 base comparisons; 11 (ix) information pertaining to funding 12 and resourcing, including— 13 (I) staffing and organizational 14 charts disaggregated by title and of- 15 fice; and 16 (II) funding and budgets dedi- 17 cated to investigating, intelligence 18 gathering and reporting, arresting, 19 and prosecution of domestic terrorism 20 cases, as well as grant money allo- 21 cated, disaggregated by office; 22 (x) the sharing of information relating 23 to domestic and international terrorism, if 24 any, by and between— 25 VerDate Sep 11 2014 15:54 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3118.IS S3118 lotter on DSKBCFDHB2PROD with BILLS 9 •S 3118 IS (I) the Federal Government; 1 (II) State, local, Tribal, terri- 2 torial, and foreign governments; 3 (III) the appropriate congres- 4 sional committees; 5 (IV) nongovernmental organiza- 6 tions; and 7 (V) the private sector; 8 (xi) any original research sponsored 9 by the relevant agencies that relates to do- 10 mestic terrorism; 11 (xii) evaluations and assessments of 12 terrorism prevention programs sponsored 13 by the Federal Government; 14 (xiii) compliance by the Federal Gov- 15 ernment with privacy, civil rights, and civil 16 liberties policies and protections applicable 17 to the production of the report under para- 18 graph (1), including protections against 19 the public release of names or other per- 20 sonally identifiable information of individ- 21 uals involved in incidents, investigations, 22 indictments, prosecutions, or convictions 23 for which data is reported under this sec- 24 tion, as well as personally identifiable in- 25 VerDate Sep 11 2014 15:54 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3118.IS S3118 lotter on DSKBCFDHB2PROD with BILLS 10 •S 3118 IS formation connected to terrorism preven- 1 tion programs; and 2 (xiv) information regarding any train- 3 ing or resources provided by the Depart- 4 ment or the Federal Bureau of Investiga- 5 tion to assist Federal, State, local, and 6 Tribal law enforcement agencies in under- 7 standing, detecting, deterring and inves- 8 tigating acts of domestic terrorism, includ- 9 ing the date, type, subject, and recipient 10 agencies of the training or resources; and 11 (C) contain an assessment, including— 12 (i) an analysis of the current domestic 13 terrorism landscape, including the identi- 14 fication of trends in attacks or incidents 15 broken down by the categories and subcat- 16 egories described in subparagraph (A)(iii), 17 and other relevant information; and 18 (ii) an analysis of the mechanisms 19 used to promote or incite domestic ter- 20 rorism. 21 (3) CLASSIFICATION AND PUBLIC RELEASE.— 22 The report required under paragraph (1) shall be— 23 (A) unclassified, but may contain a classi- 24 fied annex; 25 VerDate Sep 11 2014 15:54 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3118.IS S3118 lotter on DSKBCFDHB2PROD with BILLS 11 •S 3118 IS (B) with respect to the unclassified portion 1 of the report, made available on the public 2 internet websites of the Department, the Fed- 3 eral Bureau of Investigation, and the National 4 Counterterrorism Center— 5 (i) not later than 30 days after sub- 6 mission of the report to the appropriate 7 congressional committees; and 8 (ii) in an electronic format that is 9 fully indexed and searchable; 10 (C) with respect to a classified annex or in- 11 formation for official use only, distributed to 12 appropriately cleared or approved State and 13 local law enforcement; and 14 (D) with respect to a classified annex, sub- 15 mitted to the appropriate congressional commit- 16 tees in an electronic format that is fully indexed 17 and searchable. 18 (4) INFORMATION QUALITY.—The report re- 19 quired under paragraph (1), to the extent applicable, 20 shall comply with the guidelines issued by the Direc- 21 tor of the Office of Management and Budget pursu- 22 ant to section 515 of title V of the Consolidated Ap- 23 propriations Act, 2001 (Public Law 106–554; 114 24 Stat. 2763A–153). 25 VerDate Sep 11 2014 15:54 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3118.IS S3118 lotter on DSKBCFDHB2PROD with BILLS 12 •S 3118 IS (b) ANNUAL REPORTS.—Not later than 1 year after 1 the date on which the report required under subsection 2 (a) is submitted, and each year thereafter for 10 years, 3 and as may be reauthorized, the Working Group shall sub- 4 mit to the appropriate congressional committees an up- 5 dated report containing the information described in sub- 6 section (a)(2) for the 1-year period preceding the updated 7 report. 8 (c) PROVISION OF OTHER DOCUMENTS AND MATE- 9 RIALS.—Together with each report required under sub- 10 sections (a) and (b), each entity described in paragraphs 11 (1) through (4) of section 3(b) shall submit to the congres- 12 sional committees described in subsection (a)(1) the fol- 13 lowing documents and materials, in complete and 14 unredacted form: 15 (1) With respect to the Department— 16 (A)(i) a list of products produced by the 17 Office of Intelligence and Analysis relating to 18 domestic terrorism; and 19 (ii) a means of accessing each such prod- 20 uct; and 21 (B) the Department of Homeland Security 22 and Federal Bureau of Investigation Joint In- 23 telligence Bulletins. 24 VerDate Sep 11 2014 15:54 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S3118.IS S3118 lotter on DSKBCFDHB2PROD with BILLS 13 •S 3118 IS (2) With respect to the Federal Bureau of In- 1 vestigation and the Department of Justice, the most 2 recent approved versions of— 3 (A) the Attorney General’s guidelines for 4 Domestic Federal Bureau of Investigation Op- 5 erations, or any successor thereto; 6 (B) the Federal Bureau of Investigation 7 Domestic Investigations and Operations Guide, 8 or any successor thereto; 9 (C) the Federal Bureau of Investigation 10 Counterterrorism Policy Guide, or any suc- 11 cessor thereto; and 12 (D [Text truncated for display. 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