Domestic and International Terrorism DATA Act

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3106 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 3106

  To require a joint domestic terrorism report, establish within the
  Department of Homeland Security a National Center for the Study of
    Domestic Terrorism, authorize research within the Department of
  Homeland Security on current trends in domestic terrorism, and for
                            other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 5, 2019

    Mr. Thompson of Mississippi (for himself, Ms. Jackson Lee, Mr.
 Langevin, Mr. Richmond, Mr. Payne, Miss Rice of New York, Mr. Correa,
  Ms. Underwood, Mr. Rose of New York, Ms. Slotkin, Mr. Cleaver, Mr.
Green of Texas, Ms. Clarke of New York, Ms. Titus, Mrs. Watson Coleman,
  Ms. Barragan, Mrs. Demings, Ms. Torres Small of New Mexico, and Mr.
  Pascrell) introduced the following bill; which was referred to the
Committee on Homeland Security, and in addition to the Committee on the
 Judiciary, for a period to be subsequently determined by the Speaker,
 in each case for consideration of such provisions as fall within the
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

  To require a joint domestic terrorism report, establish within the
  Department of Homeland Security a National Center for the Study of
    Domestic Terrorism, 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 Terrorism Documentation and
Analysis of Threats in America Act'' or the ``Domestic 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 the 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 States Code.
            (5) Hispanic-serving institution.--The term ``Hispanic-
        serving institution'' has the meaning given such term in
        section 502(a) of the Higher Education Act of 1965 (20 U.S.C.
        1101a(a)).
            (6) Historically black colleges and universities.--The term
        ``historically black colleges and universities'' means a part B
        institution described in section 322(2) of the Higher Education
        Act of 1965 (20 U.S.C. 1061(2)).
            (7) Institution of higher education.--The term
        ``institution of higher education'' has the meaning given such
        term in section 101 of the Higher Education Act of 1965 (20
        U.S.C. 1001).
            (8) International terrorism.--The term ``international
        terrorism'' has the meaning given such term in section 2331 of
        title 18, United States Code.
            (9) Minority-serving institutions.--The term ``minority-
        serving institutions'' means an institution of higher education
        described in section 371(a) of the Higher Education Act of 1965
        (20 U.S.C. 1067q(a)).
            (10) 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.
            (11) 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.
            (12) Secretary.--The term ``Secretary'' means the Secretary
        of Homeland Security.
            (13) Tribally controlled college or university.--The term
        ``tribally controlled college or university'' has the meaning
        given such term in section 2 of the Tribally Controlled
        Colleges and Universities Assistance Act of 1978 (25 U.S.C.
        1801).

          TITLE I--FEDERAL EFFORTS AGAINST DOMESTIC TERRORISM

SEC. 101. JOINT DOMESTIC TERRORISM REPORT.

    (a) Annual Report Required.--Not later than 180 days after the date
of the enactment of this Act and annually thereafter for five 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.
    (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 a domestic
                        terrorism investigation, including any
                        standards of proof required before opening such
                        investigation.
                            (ii) Sharing of domestic 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 investigative
                classifications (including any subcategories) and to
                assign an investigative classification (including any
                subcategory) to a domestic terrorism incident.
                    (C) The information required under paragraph (2).
            (2) Information on domestic terrorism.--Except as provided
        in subparagraph (A), each report submitted under subsection (a)
        shall include information on domestic terrorism incidents,
        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 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 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; and
                            (ii) the number of--
                                    (I) assessments, preliminary
                                investigations, and full investigations
                                with a domestic terrorism nexus
                                initiated by the Federal Bureau of
                                Investigation, including the number of
                                such investigations associated with
                                each domestic terrorism 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 nexus, including the number
                                of such indictments associated with
                                each domestic terrorism investigative
                                classification (including any
                                subcategories), and an explanation of
                                each such indictment;
                                    (III) prosecutions with a domestic
                                terrorism nexus, including the number
                                of such prosecutions associated with
                                each domestic terrorism investigative
                                classification (including any
                                subcategories), and an explanation of
                                each such prosecution; and
                                    (IV) convictions with a domestic
                                terrorism nexus, including the number
                                of such convictions associated with
                                each domestic terrorism investigative
                                classification (including any
                                subcategories), and an explanation of
                                each such conviction; and
                            (iii) the number of full-time staff,
                        including position descriptions, employed by
                        the Department of Homeland Security and the
                        Department of Justice to handle domestic
                        terrorism-related matters described in
                        subclauses (I) through (IV) of clause (ii).
    (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.

    (a) Reviews Required.--Not later than 180 days after each
submission of a joint report on domestic terrorism under section 101(a)
and for five 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)(B)(iii);
            (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).

     TITLE II--HOMELAND SECURITY EFFORTS AGAINST DOMESTIC TERRORISM

SEC. 201. NATIONAL CENTER FOR THE STUDY OF DOMESTIC TERRORISM.

    (a) Inclusion of Criteria for Designation.--Subparagraph (B) of
section 308(b)(2) of the Homeland Security Act of 2002 (6 U.S.C.
188(b)(2)) is amended--
            (1) in the matter preceding clause (i), by striking ``, but
        are not limited to, demonstrated expertise in--'' and inserting
        ``demonstrated expertise in any of the following:''; and
            (2) by adding at the end the following new clause:
                            ``(xv) Domestic terrorism.''.
    (b) Establishment.--The Secretary, acting through the Under
Secretary for Science and Technology of the Department of Homeland
Security, shall establish in the Department a National Center for the
Study of Domestic Terrorism to conduct research and education
activities relating to the following:
            (1) Establishment of a public database of actual and
        attempted acts of domestic terrorism that does not include non-
        public personally identifiable information.
            (2) Advanced research regarding current and emerging trends
        in domestic terrorism.
    (c) Lead Institution; Consortium.--The Secretary, acting through
the Under Secretary for Science and Technology of the Department of
Homeland Security, shall select an institution of higher education to
serve as the lead institution participating in the National Center for
the Study of Domestic Terrorism established pursuant to subsection (a)
and, such lead institution shall, at the direction of the Under
Secretary, execute agreements with other institutions of higher
education that the Under Secretary determines meet the criteria for
selection to develop a consortium to assist in accomplishing the goals
of the National Center for the Study of Domestic Terrorism established
under subsection (b).
    (d) Representation.--In selecting an institution of higher
education for participation in the consortium referred to in subsection
(c), the Secretary shall ensure participation from a representative
number of historically black colleges and universities, Hispanic-
serving institutions, and tribally controlled colleges and
universities.
    (e) Privacy.--The non-public personally identifiable information of
any individual involved in any activity with respect to which data is
included in the database established under subsection (a) may not be
released to the public.
    (f) Annual Reports.--The lead institution under subsection (c)
shall submit to the Under Secretary for Science and Technology of the
Department of Homeland Security an annual report setting forth the
activities of the National Center for the Study of Domestic Terrorism
for the prior year, including symposia, trainings, and publications, as
well as the contributions of consortium partners with respect to each
activity. The Under Secretary for Science and Technology shall submit
to the Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs of the
Senate each such annual report, together with information on
expenditures of funding for the National Center for the Study of
Domestic Terrorism.

SEC. 202. RESEARCH ON DOMESTIC TERRORISM.

    (a) In General.--The Secretary, acting through the Under Secretary
for Science and Technology of the Department of Homeland Security,
shall research current and emerging trends in domestic terrorism.
    (b) Report.--Not later than 180 days after the date of enactment of
this Act and annually thereafter, the Under Secretary for Science and
Technology of the Department of Homeland Security shall submit to the
Committee on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the Senate 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.
    (c) Contents.--Each report submitted under subsection (b) 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.

               TITLE III--AUTHORIZATION OF APPROPRIATIONS

SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $20,000,000 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
under section 101, $18,000,000 is authorized to be appropriated for
each of such fiscal years for the National Center for the Study of
Domestic Terrorism established in the Department of Homeland Security
pursuant to section 201, and $1,000,000 is authorized to be
appropriated for each of such fiscal years to carry out section 202.
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