H.R. 3106 — what changed
Domestic and International Terrorism Documentation and Analysis of Threats in America Act
From Introduced in House to Reported in House. 6 sections amended, 1 added, and 1 removed between Introduced in House and Reported in House.
1. Short title
changed This Act may be cited as the “Domestic and International Terrorism Documentation and Analysis of Threats in America Act” or the “Domestic and International Terrorism DATA Act”.
2. Definitions
In this Act:
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.
Director— The term “Director” means the Director of the Federal Bureau of Investigation.
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Domestic terrorism— The term “domestic terrorism” has the meaning given the such term in section 2331 of title 18, United States Code.
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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 State Code.
removed
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)).
removed
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)).
removed
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).
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was (10)
International terrorism— The term “international terrorism” has the meaning given such term in section 2331 of title 18, United States Code.
removed
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)).
renumbered
was (12)
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.
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was (13)
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:
renumbered
was (13)(3)
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.
renumbered
was (13)(4)
Any other information that is linked or linkable to an individual, such as medical, educational, financial, or employment information.
renumbered
was (14)
Secretary— The term “Secretary” means the Secretary of Homeland Security.
removed
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).
101. Joint domestic terrorism and international terrorism report
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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 and international terrorism.
Contents—
In general— Each report submitted under subsection (a) shall include the following:
All guidance, policy memos, and related documents regarding the following:
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The criteria for opening a domestic or international terrorism investigation, including any standards of proof required before opening such investigation.
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Sharing of domestic or international terrorism information across law enforcement agencies.
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.
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A description of the methodology utilized to identify domestic and international terrorism investigative classifications (including any subcategories) and to assign an investigative classification (including any subcategory) to a domestic or international terrorism incident.
The information required under paragraph (2).
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Information on domestic terrorism and international terrorism— Except as provided in subparagraph (A), each report submitted under subsection (a) shall include information on incidents of domestic terrorism incidents, and international terrorism, 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—
changed
in the first such report, data on incidents or attempted incidents of domestic terrorism and international 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
in each subsequent report for the preceding fiscal year—
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data on incidents or attempted incidents of domestic terrorism and international 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
the number of—
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assessments, preliminary investigations, and full investigations with a domestic terrorism or international terrorism nexus initiated by the Federal Bureau of Investigation, including the number of such investigations associated with each domestic terrorism disaggregated by investigative classification (including any subcategories), and the number of such investigations that were initiated as a result of a hate crime investigation;
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indictments with a domestic terrorism nexus, including the number of such indictments associated with each domestic or international terrorism nexus, disaggregated by investigative classification (including any subcategories), and an explanation of each such indictment;
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prosecutions with a domestic terrorism nexus, including the number of such prosecutions associated with each domestic or international terrorism nexus, disaggregated by investigative classification (including any subcategories), and an explanation of each such prosecution; and
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convictions with a domestic terrorism nexus, including the number of such convictions associated with each domestic or international terrorism nexus, disaggregated by investigative classification (including any subcategories), and an explanation of each such conviction; and
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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).(ii), disaggregated by domestic terrorism and international terrorism.
added
Breakdown of certain information— The information provided under paragraph (2) related to the number of people killed or injured shall include a breakdown of law enforcement, first responders, military personnel, and other government officials.
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.
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”).
Classification and public release— Each report submitted under subsection (a) shall be—
unclassified with a classified annex only if necessary; and
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.
102. Annual Comptroller General audit of joint report on domestic terrorism and international terrorism
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Reviews required— Not later than 180 days after each submission of a joint report on domestic terrorism and international 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.
Elements of review— In conducting each audit under subsection (a), the Comptroller General of the United States shall—
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;
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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);101(b)(1)(A)(iii) and 101(b)(1)(B);
evaluate all guidance, policy memos, and related documents utilized to decide to initiate investigations with a domestic terrorism nexus; and
include any other subject matter the Comptroller General determines appropriate.
changed
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).(a), consistent with section 716(a) of title 31, United States Code.
201. Research on domestic terrorism and international terrorism
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Inclusion of criteria for designation—Report— Subparagraph (B) Not later than 180 days after the date of section 308(b)(2) enactment of this Act and annually thereafter, the Secretary, acting through the Under Secretary for Science and Technology of the Department of Homeland Security, shall submit to the Committee on Homeland Security Act of 2002 (6 U.S.C. 188(b)(2)) is amended—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.
removed
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
removed
by adding at the end the following new clause:
removed
“(xv) Domestic terrorism.”
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Establishment—Contents— The Secretary, acting through the Under Secretary for Science and Technology of the Department of Homeland Security, Each report submitted under subsection (a) shall establish in the Department a National Center for the Study of Domestic Terrorism to conduct research and education activities relating to include the following:
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Establishment of a public database of actual and attempted acts of domestic Information on international terrorism that does not include non-public personally identifiable information.with ideological, financial, logistical, or other connections to domestic terrorism.
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Advanced research regarding current and emerging Information on trends in domestic the use of online platforms for such terrorism.
added
Strategies that foreign governments have undertaken to counter such terrorism.
added
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.
removed
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).
removed
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.
removed
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.
removed
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.
202. Research on domestic terrorism
removed
removed
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.
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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.
removed
Contents— Each report submitted under subsection (b) shall include the following:
removed
Information on international terrorism with ideological, financial, logistical, or other connections to domestic terrorism.
removed
Information on trends in the use of online platforms for such terrorism.
removed
Strategies that foreign governments have undertaken to counter such terrorism.
removed
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.
301. Authorization of appropriations
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There are authorized to be appropriated $20,000,000 $2,000,000 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 and international 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 202.201.
302. Rules of construction
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added
PII— No report or database created pursuant to this Act may contain the personally identifiable information of any person except persons indicted or convicted of a crime with a domestic terrorism or international terrorism nexus.
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Discourse— No report or database created pursuant to this Act may contain the name or other identifiable information of any organization engaged in lawful political or public discourse in the United States protected under the First Amendment of the United States Constitution.
added
Protection— Nothing in this Act abrogates, diminishes, or weakens the provisions of any Federal or State law that prevents or protects against the unauthorized collection or release of personal records or personally identifiable information.
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Domestic terrorism related information— Nothing in this Act may be construed as authorizing the submission of the joint report required under section 101 of this Act in a form that does not include information required with respect to domestic terrorism.