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 report, authorize research within the Department of Homeland Security on current trends in domestic terrorism, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Domestic and Inter3 national Terrorism Documentation and Analysis of 

4 Threats in America Act’’ or the ‘‘Domestic and Inter5 national Terrorism DATA Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) APPROPRIATE CONGRESSIONAL COMMIT9 TEES.—The term ‘‘appropriate congressional com10 mittees’’ means the Committee on Homeland Secu11 rity, the Committee on the Judiciary, and the Per12 manent Select Committee on Intelligence of the 

13 House of Representatives and the Committee on 

14 Homeland Security and Governmental Affairs, the 

15 Committee on the Judiciary, and the Select Com16 mittee on Intelligence of the Senate. 

17 (2) DIRECTOR.—The term ‘‘Director’’ means 

18 the Director of the Federal Bureau of Investigation. 

19 (3) DOMESTIC TERRORISM.—The term ‘‘domes20 tic terrorism’’ has the meaning given such term in 

21 section 2331 of title 18, United States Code. 

22 (4) HATE CRIME.—The term ‘‘hate crime’’ 

23 means criminal offenses committed in violation of 

24 sections 241, 245, 247, and 249 of title 18, United 

25 States Code, and section 3631 of title 42, United 

26 State Code. 


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1 (5) INTERNATIONAL TERRORISM.—The term 

2 ‘‘international terrorism’’ has the meaning given 

3 such term in section 2331 of title 18, United States 

4 Code. 

5 (6) ONLINE PLATFORM.—The term ‘‘online 

6 platform’’ means any public-facing website, web ap7 plication, or digital application, including a mobile 

8 application, and includes a social network, an ad 

9 network, a search engine, or an email service. 

10 (7) PERSONALLY IDENTIFIABLE INFORMA11 TION.—The term ‘‘personally identifiable informa12 tion’’ means any information about an individual 

13 elicited, collected, stored, or maintained by an agen14 cy, including the following: 

15 (A) Any information that can be used to 

16 distinguish or trace the identity of an indi17 vidual, such as a name, a social security num18 ber, a date and place of birth, a mother’s maid19 en name, or biometric records. 

20 (B) Any other information that is linked or 

21 linkable to an individual, such as medical, edu22 cational, financial, or employment information. 

23 (8) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of Homeland Security. 


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1 TITLE I—FEDERAL EFFORTS 

2 AGAINST DOMESTIC TER3 RORISM AND INTER4 NATIONAL TERRORISM 

5 SEC. 101. JOINT DOMESTIC TERRORISM AND INTER6 NATIONAL TERRORISM REPORT. 

7 (a) ANNUAL REPORT REQUIRED.—Not later than 

8 180 days after the date of the enactment of this Act and 

9 annually thereafter for 5 years, the Secretary, the Attor10 ney General, and the Director shall submit to the Comp11 troller General of the United States and the appropriate 

12 congressional committees a joint report on domestic ter13 rorism and international terrorism. 

14 (b) CONTENTS.— 

15 (1) IN GENERAL.—Each report submitted 

16 under subsection (a) shall include the following: 

17 (A) All guidance, policy memos, and re18 lated documents regarding the following: 

19 (i) The criteria for opening an inves20 tigation for domestic terrorism or inter21 national terrorism or another crime with a 

22 nexus to domestic terrorism or inter23 national terrorism, including any standards 

24 of proof required before opening such in25 vestigation. 


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1 (ii) Sharing of domestic terrorism or 

2 international terrorism information across 

3 law enforcement agencies. 

4 (iii) Federal requirements and compli5 ance with privacy, civil rights, and civil lib6 erties policies and protections, including 

7 protections against the public release of 

8 the names or personally identifiable infor9 mation of individuals involved in incidents, 

10 investigations, indictments, prosecutions, 

11 or convictions for which data is reported 

12 under this section. 

13 (B) A description of the methodology uti14 lized to identify domestic terrorism and inter15 national terrorism investigative classifications 

16 (including any subcategories) and to assign an 

17 investigative classification (including any sub18 category) to a domestic terrorism or inter19 national terrorism incident. 

20 (C) Threat prioritization determinations 

21 made each year by the Federal Bureau of In22 vestigation, consistent with appropriate classi23 fication standards. 

24 (D) The information required under para25 graph (2). 


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1 (2) INFORMATION ON DOMESTIC TERRORISM

2 AND INTERNATIONAL TERRORISM.—Except as pro3 vided in subparagraph (A), each report submitted 

4 under subsection (a) shall include information on in5 cidents of domestic terrorism and international ter6 rorism, including, with respect to each investigative 

7 classification (including any subcategory) of each 

8 such incident, the number and type of actual and at9 tempted property crimes, the number and type of ac10 tual and attempted attacks on persons, the number 

11 of people injured, and the number of people killed, 

12 and— 

13 (A) in the first such report, data on inci14 dents or attempted incidents of domestic ter15 rorism and international terrorism that have oc16 curred in the United States since April 19, 

17 1995, disaggregated by fiscal year, including, 

18 with respect to each such incident, the number 

19 and type of property crimes, the number and 

20 type of actual and attempted attacks on per21 sons, the number of people injured, and number 

22 of people killed; and 

23 (B) in each subsequent report for the pre24 ceding fiscal year— 


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1 (i) data on incidents or attempted in2 cidents of domestic terrorism and inter3 national terrorism that occurred in the 

4 United States, including, with respect to 

5 each such incident, the number and type of 

6 actual and attempted property crimes, the 

7 number and type of actual and attempted 

8 attacks on persons, the number of people 

9 injured, and the number of people killed; 

10 (ii) the number of— 

11 (I) assessments, preliminary in12 vestigations, and full investigations 

13 with a domestic terrorism or inter14 national terrorism nexus initiated by 

15 the Federal Bureau of Investigation, 

16 disaggregated by investigative classi17 fication (including any subcategories), 

18 and the number of such investigations 

19 that were initiated as a result of a 

20 hate crime investigation; 

21 (II) indictments with a domestic 

22 terrorism or international terrorism 

23 nexus, disaggregated by investigative 

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1 nent responsible for each such indict2 ment, and an explanation of each such 

3 indictment; 

4 (III) prosecutions with a domes5 tic terrorism or international ter6 rorism nexus, disaggregated by inves7 tigative classification (including any 

8 subcategories) and component or sub9 component responsible for each such 

10 prosecution, and an explanation of 

11 each such prosecution; and 

12 (IV) convictions with a domestic 

13 terrorism or international terrorism 

14 nexus, disaggregated by investigative 

15 classification (including any subcat16 egories) and component or sub-compo17 nent responsible for each such convic18 tion, and an explanation of each such 

19 conviction; 

20 (iii) the number of full-time staff, in21 cluding position descriptions, employed by 

22 the Department of Homeland Security and 

23 the Department of Justice to handle mat24 ters described in subclauses (I) through 

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1 tic terrorism and international terrorism; 

2 and 

3 (iv) the number of referrals to State 

4 authorities with a domestic terrorism or 

5 international terrorism nexus, 

6 disaggregated by investigative classification 

7 (including any subcategories) and compo8 nent or sub-component responsible for each 

9 such referral, and an explanation of each 

10 such referral. 

11 (3) BREAKDOWN OF CERTAIN INFORMATION.— 

12 The information provided under paragraph (2) re13 lated to the number of people killed or injured shall 

14 include a breakdown of law enforcement, first re15 sponders, military personnel, and other government 

16 officials. 

17 (c) FORMAT.—The information required pursuant to 

18 subclauses (I) through (IV) of subsection (b)(2)(B)(ii) 

19 may be provided in a format that uses the marking associ20 ated with the Central Records System or any successor 

21 system. 

22 (d) INFORMATION QUALITY.—Each report submitted 

23 under subsection (a) shall comply with the guidelines 

24 issued by the Director of the Office of Management and 

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1 dated Appropriations Act, 2001 (Public Law 106–554; 

2 114 Stat. 2763A–154) (commonly referred to as the 

3 ‘‘Data Quality Act’’). 

4 (e) CLASSIFICATION AND PUBLIC RELEASE.—Each 

5 report submitted under subsection (a) shall be— 

6 (1) unclassified with a classified annex only if 

7 necessary; and 

8 (2) in the case of the unclassified portion of 

9 each such report, posted on the public websites of 

10 the Department of Homeland Security, the Depart11 ment of Justice, and the Federal Bureau of Inves12 tigation. 

13 SEC. 102. ANNUAL COMPTROLLER GENERAL AUDIT OF 

14 JOINT REPORT ON DOMESTIC TERRORISM 

15 AND INTERNATIONAL TERRORISM. 

16 (a) REVIEWS REQUIRED.—Not later than 180 days 

17 after each submission of a joint report on domestic ter18 rorism and international terrorism under section 101(a) 

19 and for 5 years thereafter, the Comptroller General of the 

20 United States shall submit to the appropriate congres21 sional committees an audit of each such report. 

22 (b) ELEMENTS OF REVIEW.—In conducting each 

23 audit under subsection (a), the Comptroller General of the 

24 United States shall— 


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1 (1) use standard methodology and reporting 

2 formats in order to identify, demonstrate, and dis3 play any changes over time, including relating to the 

4 number of investigations, indictments, prosecutions, 

5 convictions, and full-time staff between report sub6 missions; 

7 (2) evaluate adherence to such standard meth8 odology and the privacy, civil rights, and civil lib9 erties policies and protections set forth in section 

10 101(b)(1)(A)(iii) and 101(b)(1)(B); 

11 (3) evaluate all guidance, policy memos, and re12 lated documents utilized to decide to initiate inves13 tigations with a domestic terrorism nexus; and 

14 (4) include any other subject matter the Comp15 troller General determines appropriate. 

16 (c) ACCESS TO RELEVANT DATA.—The Attorney 

17 General, the Director, and the Secretary shall ensure that 

18 the Comptroller General of the United States has access 

19 to all data necessary to conduct each audit under sub20 section (a), consistent with section 716(a) of title 31, 

21 United States Code. 


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1 TITLE II—HOMELAND SECURITY 

2 RESEARCH ON DOMESTIC 

3 TERRORISM AND INTER4 NATIONAL TERRORISM 

5 SEC. 201. RESEARCH ON DOMESTIC TERRORISM AND 

6 INTERNATIONAL TERRORISM. 

7 (a) REPORT.—Not later than 180 days after the date 

8 of enactment of this Act and annually thereafter, the Sec9 retary, acting through the Under Secretary for Science 

10 and Technology of the Department of Homeland Security, 

11 shall submit to the appropriate congressional committees 

12 a report on international terrorism with a nexus, including 

13 an ideological or other relationship, with a current trend 

14 in domestic terrorism in the United States. Each such re15 port shall take into consideration acts that resulted in in16 dictment, prosecution, or conviction, and any patterns 

17 among such terrorist acts. 

18 (b) CONTENTS.—Each report submitted under sub19 section (a) shall include the following: 

20 (1) Information on international terrorism with 

21 ideological, financial, logistical, or other connections 

22 to domestic terrorism. 

23 (2) Information on trends in the use of online 

24 platforms for such terrorism. 


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1 (3) Strategies that foreign governments have 

2 undertaken to counter such terrorism. 

3 (4) The potential benefits and risks of imple4 menting such strategies in the United States, includ5 ing any potential harm to local communities, pri6 vacy, civil rights, civil liberties, and safety. 

7 (c) FORM.—Each report submitted under subsection 

8 (a) shall be submitted in unclassified format but may con9 tain a classified annex only if the Secretary determines 

10 such is necessary. Each such unclassified report shall be 

11 posted on the public website of the Department of Home12 land Security. 

13 TITLE III—AUTHORIZATION OF 

14 APPROPRIATIONS AND RULES 

15 OF CONSTRUCTION 

16 SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 

17 There are authorized to be appropriated $2,000,000 

18 for each of fiscal years 2020 through 2026 to carry out 

19 this Act, of which $1,000,000 is authorized to be appro20 priated for each of such fiscal years for the completion 

21 of the joint reports on domestic terrorism and inter22 national terrorism under section 101, and $1,000,000 is 

23 authorized to be appropriated for each of such fiscal years 

24 to carry out section 201. 


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1 SEC. 302. RULES OF CONSTRUCTION. 

2 (a) PII.—No report or database created pursuant to 

3 this Act may contain the personally identifiable informa4 tion of any person except persons indicted or convicted of 

5 a crime with a domestic terrorism or international ter6 rorism nexus. 

7 (b) DISCOURSE.—No report or database created pur8 suant to this Act may contain the name or other identifi9 able information of any organization engaged in lawful po10 litical or public discourse in the United States protected 

11 under the First Amendment of the United States Con12 stitution. 

13 (c) PROTECTION.—Nothing in this Act abrogates, di14 minishes, or weakens the provisions of any Federal or 

15 State law that prevents or protects against the unauthor16 ized collection or release of personal records or personally 

17 identifiable information. 

18 (d) DOMESTIC TERRORISM RELATED INFORMA19 TION.—Nothing in this Act may be construed as author20 izing the submission of the joint report required under 


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1 section 101 of this Act in a form that does not include 

2 information required with respect to domestic terrorism. 

Passed the House of Representatives September 26, 

2019. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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