IB 

Union Calendar No. 168 

116TH CONGRESS 

1ST SESSION H. R. 3106 

[Report No. 116–213, Part I] 

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. BARRAGA ́N, 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 

SEPTEMBER 19, 2019 

Additional sponsors: Ms. NORTON, Ms. OMAR, Ms. SCHAKOWSKY, Mr. 

ESPAILLAT, Ms. WILSON of Florida, Mr. COHEN, Mr. MCGOVERN, Mr. 

CISNEROS, Mr. RUSH, Mr. KRISHNAMOORTHI, Mr. SWALWELL of California, Mr. FOSTER, Ms. LEE of California, Ms. SPANBERGER, Mr. CLAY, 

Mr. BROWN of Maryland, Mr. NEGUSE, Mr. DANNY K. DAVIS of Illinois, 

Mr. HASTINGS, Mr. LYNCH, Ms. ESCOBAR, Mr. KHANNA, Mr. CASTEN

of Illinois, Mr. DEFAZIO, Ms. PRESSLEY, Mr. CUMMINGS, Mr. PANETTA, 

Mrs. BEATTY, Mr. HIGGINS of New York, Mr. NORCROSS, Mr. RYAN, Mr. 

BRENDAN F. BOYLE of Pennsylvania, Ms. OCASIO-CORTEZ, Ms. CASTOR

of Florida, Ms. FUDGE, Mr. MCEACHIN, Mr. MEEKS, Ms. JUDY CHU of 

California, Mr. CARBAJAL, and Mr. LAMB

SEPTEMBER 19, 2019 

Reported from the Committee on Homeland Security with amendments 


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[Strike out all after the enacting clause and insert the part printed in italic] 

SEPTEMBER 19, 2019 

Committee on the Judiciary discharged; committed to the Committee of the 

Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on June 5, 2019] 

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. 


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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Domestic and Inter5 national Terrorism Documentation and Analysis of Threats 

6 in America Act’’ or the ‘‘Domestic and International Ter7 rorism DATA Act’’. 

8 SEC. 2. DEFINITIONS. 

9 In this Act: 

10 (1) APPROPRIATE CONGRESSIONAL COMMIT11 TEES.—The term ‘‘appropriate congressional commit12 tees’’ means the Committee on Homeland Security, 

13 the Committee on the Judiciary, and the Permanent 

14 Select Committee on Intelligence of the House of Rep15 resentatives and the Committee on Homeland Secu16 rity and Governmental Affairs, the Committee on the 

17 Judiciary, and the Select Committee on Intelligence 

18 of the Senate. 

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

20 Director of the Federal Bureau of Investigation. 

21 (3) DOMESTIC TERRORISM.—The term ‘‘domestic 

22 terrorism’’ has the meaning given such term in sec23 tion 2331 of title 18, United States Code. 

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

25 criminal offenses committed in violation of sections 


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1 241, 245, 247, and 249 of title 18, United States 

2 Code, and section 3631 of title 42, United State Code. 

3 (5) INTERNATIONAL TERRORISM.—The term 

4 ‘‘international terrorism’’ has the meaning given such 

5 term in section 2331 of title 18, United States Code. 

6 (6) ONLINE PLATFORM.—The term ‘‘online plat7 form’’ means any public-facing website, web applica8 tion, or digital application, including a mobile appli9 cation, and includes a social network, an ad network, 

10 a search engine, or an email service. 

11 (7) PERSONALLY IDENTIFIABLE INFORMATION.— 

12 The term ‘‘personally identifiable information’’ means 

13 any information about an individual elicited, col14 lected, stored, or maintained by an agency, including 

15 the following: 

16 (A) Any information that can be used to 

17 distinguish or trace the identity of an indi18 vidual, such as a name, a social security num19 ber, a date and place of birth, a mother’s maiden 

20 name, or biometric records. 

21 (B) Any other information that is linked or 

22 linkable to an individual, such as medical, edu23 cational, financial, or employment information. 

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

25 the Secretary of Homeland Security. 


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1 TITLE I—FEDERAL EFFORTS 

2 AGAINST DOMESTIC TER3 RORISM AND INTERNATIONAL 

4 TERRORISM 

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

7 (a) ANNUAL REPORT REQUIRED.—Not later than 180 

8 days after the date of the enactment of this Act and annu9 ally thereafter for five years, the Secretary, the Attorney 

10 General, and the Director shall submit to the Comptroller 

11 General of the United States and the appropriate congres12 sional committees a joint report on domestic terrorism and 

13 international terrorism. 

14 (b) CONTENTS.— 

15 (1) IN GENERAL.—Each report submitted under 

16 subsection (a) shall include the following: 

17 (A) All guidance, policy memos, and related 

18 documents regarding the following: 

19 (i) The criteria for opening a domestic 

20 or international terrorism investigation, in21 cluding any standards of proof required be22 fore opening such investigation. 

23 (ii) Sharing of domestic or inter24 national terrorism information across law 

25 enforcement agencies. 


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1 (iii) Federal requirements and compli2 ance with privacy, civil rights, and civil 

3 liberties policies and protections, including 

4 protections against the public release of the 

5 names or personally identifiable informa6 tion of individuals involved in incidents, 

7 investigations, indictments, prosecutions, or 

8 convictions for which data is reported under 

9 this section. 

10 (B) A description of the methodology uti11 lized to identify domestic and international ter12 rorism investigative classifications (including 

13 any subcategories) and to assign an investigative 

14 classification (including any subcategory) to a 

15 domestic or international terrorism incident. 

16 (C) The information required under para17 graph (2). 

18 (2) INFORMATION ON DOMESTIC TERRORISM AND

19 INTERNATIONAL TERRORISM.—Except as provided in 

20 subparagraph (A), each report submitted under sub21 section (a) shall include information on incidents of 

22 domestic terrorism and international terrorism, in23 cluding, with respect to each investigative classifica24 tion (including any subcategory) of each such inci25 dent, the number and type of actual and attempted 


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1 property crimes, the number and type of actual and 

2 attempted attacks on persons, the number of people 

3 injured, and the number of people killed, and— 

4 (A) in the first such report, data on inci5 dents or attempted incidents of domestic ter6 rorism and international terrorism that have oc7 curred in the United States since April 19, 1995, 

8 disaggregated by fiscal year, including, with re9 spect to each such incident, the number and type 

10 of property crimes, the number and type of ac11 tual and attempted attacks on persons, the num12 ber of people injured, and number of people 

13 killed; and 

14 (B) in each subsequent report for the pre15 ceding fiscal year— 

16 (i) data on incidents or attempted in17 cidents of domestic terrorism and inter18 national terrorism that occurred in the 

19 United States, including, with respect to 

20 each such incident, the number and type of 

21 actual and attempted property crimes, the 

22 number and type of actual and attempted 

23 attacks on persons, the number of people in24 jured, and the number of people killed; and 

25 (ii) the number of— 


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1 (I) assessments, preliminary in2 vestigations, and full investigations 

3 with a domestic terrorism or inter4 national terrorism nexus initiated by 

5 the Federal Bureau of Investigation, 

6 disaggregated by investigative classi7 fication (including any subcategories), 

8 and the number of such investigations 

9 that were initiated as a result of a hate 

10 crime investigation; 

11 (II) indictments with a domestic 

12 terrorism or international terrorism 

13 nexus, disaggregated by investigative 

14 classification (including any subcat15 egories), and an explanation of each 

16 such indictment; 

17 (III) prosecutions with a domestic 

18 terrorism or international terrorism 

19 nexus, disaggregated by investigative 

20 classification (including any subcat21 egories), and an explanation of each 

22 such prosecution; and 

23 (IV) convictions with a domestic 

24 terrorism or international terrorism 

25 nexus, disaggregated by investigative 


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1 classification (including any subcat2 egories), and an explanation of each 

3 such conviction; and 

4 (iii) the number of full-time staff, in5 cluding position descriptions, employed by 

6 the Department of Homeland Security and 

7 the Department of Justice to handle matters 

8 described in subclauses (I) through (IV) of 

9 clause (ii), disaggregated by domestic ter10 rorism and international terrorism. 

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) may 

19 be provided in a format that uses the marking associated 

20 with the Central Records System or any successor system. 

21 (d) INFORMATION QUALITY.—Each report submitted 

22 under subsection (a) shall comply with the guidelines issued 

23 by the Director of the Office of Management and Budget 

24 pursuant to section 515 of title V of the Consolidated Appro25 priations Act, 2001 (Public Law 106–554; 114 Stat. 


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1 2763A–154) (commonly referred to as the ‘‘Data Quality 

2 Act’’). 

3 (e) CLASSIFICATION AND PUBLIC RELEASE.—Each re4 port submitted under subsection (a) shall be— 

5 (1) unclassified with a classified annex only if 

6 necessary; and 

7 (2) in the case of the unclassified portion of each 

8 such report, posted on the public websites of the De9 partment of Homeland Security, the Department of 

10 Justice, and the Federal Bureau of Investigation. 

11 SEC. 102. ANNUAL COMPTROLLER GENERAL AUDIT OF 

12 JOINT REPORT ON DOMESTIC TERRORISM 

13 AND INTERNATIONAL TERRORISM. 

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

15 after each submission of a joint report on domestic ter16 rorism and international terrorism under section 101(a) 

17 and for five years thereafter, the Comptroller General of the 

18 United States shall submit to the appropriate congressional 

19 committees an audit of each such report. 

20 (b) ELEMENTS OF REVIEW.—In conducting each audit 

21 under subsection (a), the Comptroller General of the United 

22 States shall— 

23 (1) use standard methodology and reporting for24 mats in order to identify, demonstrate, and display 

25 any changes over time, including relating to the numVerDate Sep 11 2014 23:31 Sep 19, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H3106.RH H3106

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1 ber of investigations, indictments, prosecutions, con2 victions, and full-time staff between report submis3 sions; 

4 (2) evaluate adherence to such standard method5 ology and the privacy, civil rights, and civil liberties 

6 policies and protections set forth in section 

7 101(b)(1)(A)(iii) and 101(b)(1)(B); 

8 (3) evaluate all guidance, policy memos, and re9 lated documents utilized to decide to initiate inves10 tigations with a domestic terrorism nexus; and 

11 (4) include any other subject matter the Comp12 troller General determines appropriate. 

13 (c) ACCESS TO RELEVANT DATA.—The Attorney Gen14 eral, the Director, and the Secretary shall ensure that the 

15 Comptroller General of the United States has access to all 

16 data necessary to conduct each audit under subsection (a), 

17 consistent with section 716(a) of title 31, United States 

18 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 and 

10 Technology of the Department of Homeland Security, shall 

11 submit to the Committee on Homeland Security of the 

12 House of Representatives and the Committee on Homeland 

13 Security and Governmental Affairs of the Senate a report 

14 on international terrorism with a nexus, including an ideo15 logical or other relationship, with a current trend in domes16 tic terrorism in the United States. Each such report shall 

17 take into consideration acts that resulted in indictment, 

18 prosecution, or conviction, and any patterns among such 

19 terrorist acts. 

20 (b) CONTENTS.—Each report submitted under sub21 section (a) shall include the following: 

22 (1) Information on international terrorism with 

23 ideological, financial, logistical, or other connections 

24 to domestic terrorism. 


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

2 platforms for such terrorism. 

3 (3) Strategies that foreign governments have un4 dertaken to counter such terrorism. 

5 (4) The potential benefits and risks of imple6 menting such strategies in the United States, includ7 ing any potential harm to local communities, pri8 vacy, civil rights, civil liberties, and safety. 

9 TITLE III—AUTHORIZATION OF 

10 APPROPRIATIONS AND RULES 

11 OF CONSTRUCTION 

12 SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 

13 There are authorized to be appropriated $2,000,000 for 

14 each of fiscal years 2020 through 2026 to carry out this 

15 Act, of which $1,000,000 is authorized to be appropriated 

16 for each of such fiscal years for the completion of the joint 

17 reports on domestic terrorism and international terrorism 

18 under section 101, and $1,000,000 is authorized to be ap19 propriated for each of such fiscal years to carry out section 

20 201. 

21 SEC. 302. RULES OF CONSTRUCTION. 

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

23 this Act may contain the personally identifiable informa24 tion of any person except persons indicted or convicted of 


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1 a crime with a domestic terrorism or international ter2 rorism nexus. 

3 (b) DISCOURSE.—No report or database created pursu4 ant to this Act may contain the name or other identifiable 

5 information of any organization engaged in lawful political 

6 or public discourse in the United States protected under 

7 the First Amendment of the United States Constitution. 

8 (c) PROTECTION.—Nothing in this Act abrogates, di9 minishes, or weakens the provisions of any Federal or State 

10 law that prevents or protects against the unauthorized col11 lection or release of personal records or personally identifi12 able information. 

13 (d) DOMESTIC TERRORISM RELATED INFORMATION.— 

14 Nothing in this Act may be construed as authorizing the 

15 submission of the joint report required under section 101 

16 of this Act in a form that does not include information re17 quired with respect to domestic terrorism. 

Amend the title so as to read: ‘‘A bill 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.’’. 


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Union Calendar No. 168 

116TH CONGRESS 

1ST SESSION H. R. 3106 

[Report No. 116–213, Part I] 

A BILL 

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

SEPTEMBER 19, 2019 

Reported from the Committee on Homeland Security 

with amendments 

SEPTEMBER 19, 2019 

Committee on the Judiciary discharged; committed to the 

Union and ordered to be printed Committee of the Whole House on the State of the 


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