[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3118 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 3118
To establish a unified database and public reporting for purposes of
tracking and evaluating domestic terrorism incidents, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 19, 2019
Mr. Johnson (for himself and Mr. Peters) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
A BILL
To establish a unified database and public reporting for purposes of
tracking and evaluating domestic terrorism incidents, 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 ``Terrorism Reporting And Classifying
Act of 2019'' or the ``TRAC Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning given the
term in section 551 of title 5, United States Code.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs, the Committee on the Judiciary,
and the Select Committee on Intelligence of the Senate;
and
(B) the Committee on Homeland Security, the
Committee on the Judiciary, and the Permanent Select
Committee on Intelligence of the House of
Representatives.
(3) Data.--The term ``data''--
(A) means all relevant information collected by an
agency on a terrorism-related incident that can be used
for recordkeeping and studying long-term trends of
certain phenomena as it relates to terrorism; and
(B) does not include intelligence gathered by an
agency for operational purposes.
(4) Database.--The term ``database'' means a central
repository that holds data for the purpose of understanding and
providing trends and insight on terrorism.
(5) Department.--The term ``Department'' means the
Department of Homeland Security.
(6) Domestic terrorism.--The term ``domestic terrorism''
has the meaning given the term in section 2331 of title 18,
United States Code.
(7) Hate crime.--The term ``hate crime'' means a criminal
offense under--
(A) section 241, 245, 247, or 249 of title 18,
United States Code; or
(B) section 901 of the Civil Rights Act of 1968 (42
U.S.C. 3631).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(9) Working group.--The term ``Working Group'' means the
Interagency Domestic Terrorism Data Working Group established
under section 3(a).
SEC. 3. INTERAGENCY DOMESTIC TERRORISM DATA WORKING GROUP.
(a) Establishment.--There is established within the Department an
Interagency Domestic Terrorism Data Working Group to coordinate the
collection and reporting of Federal data related to domestic terrorism
incidents.
(b) Membership.--The Working Group shall be comprised of
representatives from--
(1) the Department;
(2) the Department of Justice;
(3) the Federal Bureau of Investigation; and
(4) the National Counterterrorism Center.
(c) Chairman.--The Working Group shall be chaired by a
representative of the Department, as appointed by the Secretary.
(d) Duties.--The Working Group shall--
(1) not later than 90 days after the date of enactment of
this Act, establish a standard interpretation of the definition
for the term ``domestic terrorism'' in section 2331 of title
18, United States Code, including a shared lexicon of
categories and subcategories for classifying acts of domestic
terrorism, which shall be used by each entity described in
paragraphs (1) through (4) of subsection (b) to contribute
information or data under section 4;
(2) establish a unified Federal database, housed and
maintained by the Department, to store information and data
relating to domestic terrorism incidents required to be
submitted under section 4; and
(3) not later than 7 days after carrying out the
requirements under paragraph (1), provide to the appropriate
congressional committees the interpretation required under
paragraph (1), including an explanation of how the
interpretation adheres to the definition of the term in section
2331 of title 18, United States Code.
SEC. 4. REPORTING OF DOMESTIC TERRORISM INCIDENTS.
(a) Required Reporting.--Each entity described in paragraphs (1)
through (4) of section 3(b) shall report all information or data
obtained by the entity relating to a domestic terrorism incident to the
unified Federal database required to be established under section
3(d)(2).
(b) Reporting Process.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary, in consultation with each
member of the Working Group, shall establish a process to be
used by each entity described in subsection (a) to report the
information required under subsection (a) to the unified
Federal database required to be established under section
3(d)(2).
(2) Requirement.--The process established under paragraph
(1) shall require that each entity described in subsection (a)
identify in the report to the unified Federal database the
category and subcategory in which the entity determined to
place the domestic terrorism incident, the reasons for that
determination, and an explanation of any disagreement in
categorizing the incident.
SEC. 5. ANNUAL REPORTING.
(a) Initial Report.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Working Group shall submit to the
appropriate congressional committees a report detailing each
completed or attempted domestic terrorism incident during the
5-year period preceding the report using the categories and
subcategories in existence at the time of the incident or its
initial classification.
(2) Contents.--The report required under paragraph (1)
shall--
(A) describe the Working Group-developed uniform
and standardized--
(i) interpretation of the term ``domestic
terrorism'';
(ii) methodologies for tracking incidents
of domestic terrorism;
(iii) descriptions of categories and
subcategories of domestic terrorism used; and
(iv) an explanation of each category and
subcategory included in clause (iii);
(B) contain information, disaggregated by the
categories and subcategories described in subparagraph
(A)(iii), on--
(i) the number of domestic terrorist
attacks;
(ii) the number of casualties caused by
domestic terrorism attacks;
(iii) the number of Federal investigations
with a nexus to domestic terrorism, the number
of such investigations that were initiated as
the result of a hate crime investigation, and
the number of such investigations under each
classification and subclassification associated
with the Central Records System or any
successor system of the Federal Bureau of
Investigation;
(iv) the number of assessments with a nexus
to domestic terrorism;
(v) the number of domestic terrorism cases
referred from State and local law enforcement
agencies;
(vi) the number of Federal criminal charges
filed with a domestic terrorism nexus;
(vii) the number of Federal criminal
convictions with a domestic terrorism nexus;
(viii) the reporting sources and
quantitative methods used to gather the data
for reporting on domestic terrorism, including
Federal, State, and Tribal database
comparisons;
(ix) information pertaining to funding and
resourcing, including--
(I) staffing and organizational
charts disaggregated by title and
office; and
(II) funding and budgets dedicated
to investigating, intelligence
gathering and reporting, arresting, and
prosecution of domestic terrorism
cases, as well as grant money
allocated, disaggregated by office;
(x) the sharing of information relating to
domestic and international terrorism, if any,
by and between--
(I) the Federal Government;
(II) State, local, Tribal,
territorial, and foreign governments;
(III) the appropriate congressional
committees;
(IV) nongovernmental organizations;
and
(V) the private sector;
(xi) any original research sponsored by the
relevant agencies that relates to domestic
terrorism;
(xii) evaluations and assessments of
terrorism prevention programs sponsored by the
Federal Government;
(xiii) compliance by the Federal Government
with privacy, civil rights, and civil liberties
policies and protections applicable to the
production of the report under paragraph (1),
including protections against the public
release of names or other personally
identifiable information of individuals
involved in incidents, investigations,
indictments, prosecutions, or convictions for
which data is reported under this section, as
well as personally identifiable information
connected to terrorism prevention programs; and
(xiv) information regarding any training or
resources provided by the Department or the
Federal Bureau of Investigation to assist
Federal, State, local, and Tribal law
enforcement agencies in understanding,
detecting, deterring and investigating acts of
domestic terrorism, including the date, type,
subject, and recipient agencies of the training
or resources; and
(C) contain an assessment, including--
(i) an analysis of the current domestic
terrorism landscape, including the
identification of trends in attacks or
incidents broken down by the categories and
subcategories described in subparagraph
(A)(iii), and other relevant information; and
(ii) an analysis of the mechanisms used to
promote or incite domestic terrorism.
(3) Classification and public release.--The report required
under paragraph (1) shall be--
(A) unclassified, but may contain a classified
annex;
(B) with respect to the unclassified portion of the
report, made available on the public internet websites
of the Department, the Federal Bureau of Investigation,
and the National Counterterrorism Center--
(i) not later than 30 days after submission
of the report to the appropriate congressional
committees; and
(ii) in an electronic format that is fully
indexed and searchable;
(C) with respect to a classified annex or
information for official use only, distributed to
appropriately cleared or approved State and local law
enforcement; and
(D) with respect to a classified annex, submitted
to the appropriate congressional committees in an
electronic format that is fully indexed and searchable.
(4) Information quality.--The report required under
paragraph (1), to the extent applicable, 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-153).
(b) Annual Reports.--Not later than 1 year after the date on which
the report required under subsection (a) is submitted, and each year
thereafter for 10 years, and as may be reauthorized, the Working Group
shall submit to the appropriate congressional committees an updated
report containing the information described in subsection (a)(2) for
the 1-year period preceding the updated report.
(c) Provision of Other Documents and Materials.--Together with each
report required under subsections (a) and (b), each entity described in
paragraphs (1) through (4) of section 3(b) shall submit to the
congressional committees described in subsection (a)(1) the following
documents and materials, in complete and unredacted form:
(1) With respect to the Department--
(A)(i) a list of products produced by the Office of
Intelligence and Analysis relating to domestic
terrorism; and
(ii) a means of accessing each such product; and
(B) the Department of Homeland Security and Federal
Bureau of Investigation Joint Intelligence Bulletins.
(2) With respect to the Federal Bureau of Investigation and
the Department of Justice, the most recent approved versions
of--
(A) the Attorney General's guidelines for Domestic
Federal Bureau of Investigation Operations, or any
successor thereto;
(B) the Federal Bureau of Investigation Domestic
Investigations and Operations Guide, or any successor
thereto;
(C) the Federal Bureau of Investigation
Counterterrorism Policy Guide, or any successor
thereto; and
(D) materials sufficient to show the rankings of
domestic terrorism in relation to other threats within
the Threat Review and Prioritization process, with
respect to the headquarters and each field office of
the Federal Bureau of Investigation.
(3) With respect to the National Counterterrorism Center--
(A) a list of all intelligence products related to
domestic terrorism;
(B) a list of all guidelines and procedures for the
intelligence community related to the domestic
terrorism mission space; and
(C) a means of accessing each such product.
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