Increasing Efficiency of All United States-Based Terrorism Information Sharing Act of 2019

II 116TH CONGRESS 1ST SESSION S. 3142 To establish the Interagency United States-Based Terrorism Threat Information Sharing Commission, and for other purposes. IN THE SENATE OF THE UNITED STATES DECEMBER 19, 2019 Ms. HASSAN (for herself and Mr. JOHNSON) introduced the following bill; which was read twice and referred to the Select Committee on Intelligence A BILL To establish the Interagency United States-Based Terrorism Threat Information Sharing Commission, 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 ‘‘Increasing Efficiency 4 of All United States-Based Terrorism Information Shar- 5 ing Act of 2019’’. 6 SEC. 2. FINDINGS. 7 Congress makes the following findings: 8 (1) Eighteen years after September 11, 2001, 9 the Federal Government needs to reevaluate its 10 VerDate Sep 11 2014 16:00 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3142.IS S3142 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 3142 IS counterterrorism information sharing architecture in 1 the United States to support the ability of Federal, 2 State, and local law enforcement to identify, track, 3 and prevent all terrorist threats in the United 4 States. 5 (2) The current National Strategy for Counter- 6 terrorism states that incidents of domestic terrorism 7 in the United States are on the rise, perpetrated by 8 individuals not inspired by foreign terrorist organi- 9 zations but instead by other forms of terrorism in 10 the United States (sometimes as referred to as ‘‘do- 11 mestic terrorists’’ by the executive branch), and indi- 12 viduals inspired by foreign terrorist organizations re- 13 main a persistent threat. 14 (3) Furthermore, the terrorist threat in the 15 United States is increasingly diffuse and unpredict- 16 able, primarily conducted by lone actors who are mo- 17 tivated or inspired by a range of violent ideologies. 18 Lone actors are able to operate with little to no 19 warning and present significant challenges to law 20 enforcement and security officials working to iden- 21 tify and disrupt potential threats. Robust and com- 22 prehensive information sharing regarding all ter- 23 rorist threats in the United States, irrespective of 24 VerDate Sep 11 2014 16:00 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3142.IS S3142 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 3142 IS inspiration, is key to our ability to prevent attacks 1 and save lives. 2 (4) Lastly, increasing distribution and stand- 3 ardization of Federal terrorism training that reflects 4 all types of United States-based terrorism threats is 5 critical to support Federal, State, and local law en- 6 forcement’s ability to keep all of our communities 7 safe. 8 SEC. 3. DEFINITIONS. 9 In this Act: 10 (1) APPROPRIATE COMMITTEES OF CON- 11 GRESS.—The term ‘‘appropriate committees of Con- 12 gress’’ includes the following: 13 (A) The Committee on the Judiciary, the 14 Committee on Homeland Security and Govern- 15 mental Affairs, and the Select Committee on 16 Intelligence of the Senate. 17 (B) The Committee on the Judiciary, the 18 Committee on Homeland Security, and the Per- 19 manent Select Committee on Intelligence of the 20 House of Representatives. 21 (2) COMMISSION.—The term ‘‘Commission’’ 22 means the Interagency United States-Based Ter- 23 rorism Information Sharing Commission established 24 under section 4(a)(1). 25 VerDate Sep 11 2014 16:00 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3142.IS S3142 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 3142 IS (3) DOMESTIC TERRORISM.—The term ‘‘domes- 1 tic terrorism’’ has the meaning given such term in 2 section 2331 of title 18, United States Code. 3 (4) FIELD OFFICE.—The term ‘‘field office’’ 4 means one of the field offices of the Federal Bureau 5 of Investigation (also known as ‘‘divisions’’) that are 6 centrally located in major metropolitan areas across 7 the United States, including Puerto Rico, where the 8 Bureau— 9 (A) carries out investigations; 10 (B) assesses local and regional crime 11 threats; and 12 (C) works closely with partners on cases 13 and operations. 14 (5) FOREIGN TERRORIST ORGANIZATION.—The 15 term ‘‘foreign terrorist organization’’ means an or- 16 ganization designated as a terrorist organization 17 under section 219(a) of the Immigration and Na- 18 tionality Act (8 U.S.C. 1189(a)). 19 (6) FUSION CENTER.—The term ‘‘fusion cen- 20 ter’’ has the meaning given such term in section 21 210A(j) of the Homeland Security Act of 2002 (6 22 U.S.C. 124h(j)). 23 (7) JOINT TERRORISM TASK FORCE.—The term 24 ‘‘ joint terrorism task force’’ means one of the task 25 VerDate Sep 11 2014 16:00 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3142.IS S3142 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 3142 IS forces of the Federal Bureau of Investigation that 1 are— 2 (A) located throughout United States; 3 (B) partnerships between various Federal, 4 State, and local law enforcement and intel- 5 ligence agencies; and 6 (C) charged with taking action against ter- 7 rorism. 8 SEC. 4. ESTABLISHMENT OF INTERAGENCY UNITED 9 STATES-BASED TERRORISM THREAT INFOR- 10 MATION SHARING COMMISSION. 11 (a) ESTABLISHMENT.— 12 (1) IN GENERAL.—Not later than 45 days after 13 the date of the enactment of this Act, the Director 14 of National Intelligence shall, in coordination with 15 the Secretary of Homeland Security, the Director of 16 the Federal Bureau of Investigation, and the Attor- 17 ney General, establish a commission to review inter- 18 agency information sharing with respect to all forms 19 of terrorist threats in the United States to examine 20 the terrorist threat information sharing landscape 21 across and between all levels of government and the 22 manner in which different types of terrorism affects 23 information sharing. 24 VerDate Sep 11 2014 16:00 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3142.IS S3142 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 3142 IS (2) DESIGNATION.—The commission estab- 1 lished under paragraph (1) shall be known as the 2 ‘‘Interagency United States-Based Terrorism Threat 3 Information Sharing Commission’’. 4 (b) MEMBERSHIP.— 5 (1) COMPOSITION.—Subject to paragraph (2), 6 the Commission shall be composed of not more than 7 28 members as follows: 8 (A) The Director of National Intelligence 9 shall appoint to the Commission not more than 10 7 members as follows: 11 (i) At least 1 member shall be selected 12 from among employees of the Office of the 13 Program Manager for the Information 14 Sharing Environment. 15 (ii) At least 1 member shall be se- 16 lected from among employees of the Direc- 17 torate of Strategic Operational Planning in 18 the National Counterterrorism Center. 19 (iii) Acting through the head of the 20 Joint Counterterrorism Assessment Team 21 in the National Counterterrorism Center, 22 at least 1 member shall be selected from 23 among members of a State or local law en- 24 forcement agency. 25 VerDate Sep 11 2014 16:00 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3142.IS S3142 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 3142 IS (B) The Secretary of Homeland Security 1 shall appoint to the Commission not more than 2 7 members as follows: 3 (i) At least 1 member shall be selected 4 from among employees of the Office of 5 Strategy, Policy, and Plans of the Depart- 6 ment of Homeland Security. 7 (ii) At least 3 members shall be se- 8 lected from a fusion center— 9 (I) at least 1 of whom shall be 10 based out of a recognized regional fu- 11 sion center; 12 (II) at least 1 of whom shall be 13 based out of a designated State fusion 14 center in a State that the Secretary 15 considers small or rural; and 16 (III) at least 1 of whom shall be 17 based out of a designated State fusion 18 center in a State that has 2 or more 19 recognized fusion centers. 20 (C) The Attorney General shall appoint to 21 the Commission not more than 7 members as 22 follows: 23 (i) At least 1 member shall be selected 24 from among employees of the National Se- 25 VerDate Sep 11 2014 16:00 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3142.IS S3142 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 3142 IS curity Division of the Department of Jus- 1 tice. 2 (ii) At least 1 member shall be se- 3 lected from among employees of the Civil 4 Rights Division of the Department of Jus- 5 tice. 6 (iii) At least 2 members shall be se- 7 lected from among employees of an office 8 of a United States Attorney— 9 (I) at least 1 of whom shall be 10 based out of a State that the Attorney 11 General considers large or urban; and 12 (II) at least 1 of whom shall be 13 based out of a State that the Attorney 14 General considers small or rural. 15 (D) The Director of the Federal Bureau of 16 Investigation shall appoint not more than 7 17 members as follows: 18 (i) At least 1 of whom shall be se- 19 lected from among employees of the Do- 20 mestic Terrorism Operations Section of the 21 Bureau. 22 (ii) At least 1 member shall be se- 23 lected from among employees of the Crimi- 24 nal Investigative Division of the Bureau. 25 VerDate Sep 11 2014 16:00 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3142.IS S3142 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 3142 IS (iii) At least 2 members shall be se- 1 lected from among members of a joint ter- 2 rorism task force— 3 (I) at least 1 of whom shall be a 4 member of a local law enforcement 5 agency in a city of the United States 6 the Director considers large or urban; 7 and 8 (II) at least 1 of whom shall be 9 a member of a local law enforcement 10 agency in a city of the United States 11 the Director considers small or rural. 12 (2) ADDITIONAL REQUIREMENTS.— 13 (A) NO POLITICAL APPOINTEES.—No 14 member of the Commission may be a political 15 appointee. 16 (B) EMPLOYMENT STATUS.—Each member 17 of the Commission shall be— 18 (i) an employee of the Federal Gov- 19 ernment in the executive branch; 20 (ii) an individual who has been de- 21 tailed to the executive branch of the Fed- 22 eral Government; or 23 (iii) an individual who is a member of 24 a State or local law enforcement agency. 25 VerDate Sep 11 2014 16:00 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3142.IS S3142 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 3142 IS (c) COMMISSION CHAIRPERSON.— 1 (1) IN GENERAL.—The Director of National In- 2 telligence shall select a chairperson from among 3 members of the Commission who are senior officers 4 of the National Counterterrorism Center. 5 (2) DUTIES OF THE CHAIRPERSON.—The chair- 6 person appointed under paragraph (1) shall— 7 (A) lead the interagency process to prepare 8 the report required by section 5(b)(1); 9 (B) arbitrate difference among those in- 10 volved in preparing the report required by sec- 11 tion 5(b)(1); and 12 (C) ensure that each Federal agency rep- 13 resented in the membership of the Commis- 14 sion— 15 (i) has equal opportunity for input in 16 matters concerning the Commission; and 17 (ii) will lead efforts under section 5 18 that pertain to matters with respect to 19 which the agency has a statutory mandate. 20 SEC. 5. DUTIES OF THE COMMISSION. 21 (a) REVIEW.— 22 (1) IN GENERAL.—The Commission shall con- 23 duct a review of threat information sharing de- 24 scribed in section 4(a)(1). 25 VerDate Sep 11 2014 16:00 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3142.IS S3142 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 3142 IS (2) ELEMENTS.—The review required by para- 1 graph (1) shall include the following: 2 (A) The assessment described in subpara- 3 graph (A) of subsection (b)(2). 4 (B) Development of the findings described 5 in subparagraphs (B) and (C) of such sub- 6 section. 7 (C) Development of the recommendations 8 described in subparagraph (D) of such sub- 9 section. 10 (b) REPORT.— 11 (1) IN GENERAL.—The Commission shall sub- 12 mit to the Director of National Intelligence, the Sec- 13 retary of Homeland Security, the Attorney General, 14 and the Director of the Federal Bureau of Investiga- 15 tion a report on the findings of the Commission with 16 respect to the review conducted under subsection 17 (a)(1). 18 (2) CONTENTS.—The report submitted under 19 paragraph (1) shall include the following: 20 (A) ASSESSMENT.—An assessment of cur- 21 rent capabilities, mechanisms, gaps, and chal- 22 lenges regarding nationwide United States- 23 based terrorism threat-information sharing and 24 training. 25 VerDate Sep 11 2014 16:00 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3142.IS S3142 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 3142 IS (B) INFORMATION SHARING FINDINGS.— 1 Findings on information sharing, including with 2 respect to the following: 3 (i) BASELINE EXISTING TYPES OF 4 TERRORISM THREAT INFORMATION.—(I) 5 What type of information regarding United 6 States-based terrorism threats that are in- 7 spired by foreign terrorist organizations, or 8 the ideology thereof, and United States- 9 based terrorism threats that are not in- 10 spired by foreign terrorist organizations, or 11 the ideology thereof, is currently captured 12 across the Federal, State, and local levels 13 of government, along with information 14 about such terrorism that is likely not cap- 15 tured or is lost at each level. 16 (II) Types of information under sub- 17 clause (I) may include cables, situational 18 reports, information reports, assessments, 19 digests, toolboxes, and bulletins. 20 (III) With respect to information de- 21 scribed in subclause (I)— 22 (aa) a comparison and noted dif- 23 ferences between both types of infor- 24 mation regarding threats of United 25 VerDate Sep 11 2014 16:00 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S3142.IS S3142 pamtmann on DSKBC07HB2PROD with BILLS 13 •S 3142 IS States-based terrorism not inspired by 1 foreign terrorist organizations and in- 2 spired by foreign terrorist organiza- 3 tions; and 4 (bb) any gaps and challenges to 5 addressing such differences. 6 (IV) The types of information cap- 7 tured at each level described in subclause 8 (I) while possibly labeled as other criminal 9 acts that could be relevant to threats of 10 terrorism not inspired by United States- 11 based foreign terrorist organizations, in- 12 cluding relevant intelligence, reporting, and 13 assessments. 14 (V) The effect of how different levels 15 of classified information affect the types of 16 threat information captured. 17 (ii) PARTNERS WHO RECEIVE THE IN- 18 FORMATION. 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