[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3142 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 3142
To establish the Interagency United States-Based Terrorism Threat
Information Sharing Commission, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 19, 2019
Ms. Hassan (for herself and Mr. Johnson) introduced the following bill;
which was read twice and referred to the Select Committee on
Intelligence
_______________________________________________________________________
A BILL
To establish the Interagency United States-Based Terrorism Threat
Information Sharing Commission, 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 ``Increasing Efficiency of All United
States-Based Terrorism Information Sharing Act of 2019''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Eighteen years after September 11, 2001, the Federal
Government needs to reevaluate its counterterrorism information
sharing architecture in the United States to support the
ability of Federal, State, and local law enforcement to
identify, track, and prevent all terrorist threats in the
United States.
(2) The current National Strategy for Counterterrorism
states that incidents of domestic terrorism in the United
States are on the rise, perpetrated by individuals not inspired
by foreign terrorist organizations but instead by other forms
of terrorism in the United States (sometimes as referred to as
``domestic terrorists'' by the executive branch), and
individuals inspired by foreign terrorist organizations remain
a persistent threat.
(3) Furthermore, the terrorist threat in the United States
is increasingly diffuse and unpredictable, primarily conducted
by lone actors who are motivated or inspired by a range of
violent ideologies. Lone actors are able to operate with little
to no warning and present significant challenges to law
enforcement and security officials working to identify and
disrupt potential threats. Robust and comprehensive information
sharing regarding all terrorist threats in the United States,
irrespective of inspiration, is key to our ability to prevent
attacks and save lives.
(4) Lastly, increasing distribution and standardization of
Federal terrorism training that reflects all types of United
States-based terrorism threats is critical to support Federal,
State, and local law enforcement's ability to keep all of our
communities safe.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' includes the following:
(A) The Committee on the Judiciary, the Committee
on Homeland Security and Governmental Affairs, and the
Select Committee on Intelligence of the Senate.
(B) The Committee on the Judiciary, the Committee
on Homeland Security, and the Permanent Select
Committee on Intelligence of the House of
Representatives.
(2) Commission.--The term ``Commission'' means the
Interagency United States-Based Terrorism Information Sharing
Commission established under section 4(a)(1).
(3) Domestic terrorism.--The term ``domestic terrorism''
has the meaning given such term in section 2331 of title 18,
United States Code.
(4) Field office.--The term ``field office'' means one of
the field offices of the Federal Bureau of Investigation (also
known as ``divisions'') that are centrally located in major
metropolitan areas across the United States, including Puerto
Rico, where the Bureau--
(A) carries out investigations;
(B) assesses local and regional crime threats; and
(C) works closely with partners on cases and
operations.
(5) Foreign terrorist organization.--The term ``foreign
terrorist organization'' means an organization designated as a
terrorist organization under section 219(a) of the Immigration
and Nationality Act (8 U.S.C. 1189(a)).
(6) Fusion center.--The term ``fusion center'' has the
meaning given such term in section 210A(j) of the Homeland
Security Act of 2002 (6 U.S.C. 124h(j)).
(7) Joint terrorism task force.--The term `` joint
terrorism task force'' means one of the task forces of the
Federal Bureau of Investigation that are--
(A) located throughout United States;
(B) partnerships between various Federal, State,
and local law enforcement and intelligence agencies;
and
(C) charged with taking action against terrorism.
SEC. 4. ESTABLISHMENT OF INTERAGENCY UNITED STATES-BASED TERRORISM
THREAT INFORMATION SHARING COMMISSION.
(a) Establishment.--
(1) In general.--Not later than 45 days after the date of
the enactment of this Act, the Director of National
Intelligence shall, in coordination with the Secretary of
Homeland Security, the Director of the Federal Bureau of
Investigation, and the Attorney General, establish a commission
to review interagency information sharing with respect to all
forms of terrorist threats in the United States to examine the
terrorist threat information sharing landscape across and
between all levels of government and the manner in which
different types of terrorism affects information sharing.
(2) Designation.--The commission established under
paragraph (1) shall be known as the ``Interagency United
States-Based Terrorism Threat Information Sharing Commission''.
(b) Membership.--
(1) Composition.--Subject to paragraph (2), the Commission
shall be composed of not more than 28 members as follows:
(A) The Director of National Intelligence shall
appoint to the Commission not more than 7 members as
follows:
(i) At least 1 member shall be selected
from among employees of the Office of the
Program Manager for the Information Sharing
Environment.
(ii) At least 1 member shall be selected
from among employees of the Directorate of
Strategic Operational Planning in the National
Counterterrorism Center.
(iii) Acting through the head of the Joint
Counterterrorism Assessment Team in the
National Counterterrorism Center, at least 1
member shall be selected from among members of
a State or local law enforcement agency.
(B) The Secretary of Homeland Security shall
appoint to the Commission not more than 7 members as
follows:
(i) At least 1 member shall be selected
from among employees of the Office of Strategy,
Policy, and Plans of the Department of Homeland
Security.
(ii) At least 3 members shall be selected
from a fusion center--
(I) at least 1 of whom shall be
based out of a recognized regional
fusion center;
(II) at least 1 of whom shall be
based out of a designated State fusion
center in a State that the Secretary
considers small or rural; and
(III) at least 1 of whom shall be
based out of a designated State fusion
center in a State that has 2 or more
recognized fusion centers.
(C) The Attorney General shall appoint to the
Commission not more than 7 members as follows:
(i) At least 1 member shall be selected
from among employees of the National Security
Division of the Department of Justice.
(ii) At least 1 member shall be selected
from among employees of the Civil Rights
Division of the Department of Justice.
(iii) At least 2 members shall be selected
from among employees of an office of a United
States Attorney--
(I) at least 1 of whom shall be
based out of a State that the Attorney
General considers large or urban; and
(II) at least 1 of whom shall be
based out of a State that the Attorney
General considers small or rural.
(D) The Director of the Federal Bureau of
Investigation shall appoint not more than 7 members as
follows:
(i) At least 1 of whom shall be selected
from among employees of the Domestic Terrorism
Operations Section of the Bureau.
(ii) At least 1 member shall be selected
from among employees of the Criminal
Investigative Division of the Bureau.
(iii) At least 2 members shall be selected
from among members of a joint terrorism task
force--
(I) at least 1 of whom shall be a
member of a local law enforcement
agency in a city of the United States
the Director considers large or urban;
and
(II) at least 1 of whom shall be a
member of a local law enforcement
agency in a city of the United States
the Director considers small or rural.
(2) Additional requirements.--
(A) No political appointees.--No member of the
Commission may be a political appointee.
(B) Employment status.--Each member of the
Commission shall be--
(i) an employee of the Federal Government
in the executive branch;
(ii) an individual who has been detailed to
the executive branch of the Federal Government;
or
(iii) an individual who is a member of a
State or local law enforcement agency.
(c) Commission Chairperson.--
(1) In general.--The Director of National Intelligence
shall select a chairperson from among members of the Commission
who are senior officers of the National Counterterrorism
Center.
(2) Duties of the chairperson.--The chairperson appointed
under paragraph (1) shall--
(A) lead the interagency process to prepare the
report required by section 5(b)(1);
(B) arbitrate difference among those involved in
preparing the report required by section 5(b)(1); and
(C) ensure that each Federal agency represented in
the membership of the Commission--
(i) has equal opportunity for input in
matters concerning the Commission; and
(ii) will lead efforts under section 5 that
pertain to matters with respect to which the
agency has a statutory mandate.
SEC. 5. DUTIES OF THE COMMISSION.
(a) Review.--
(1) In general.--The Commission shall conduct a review of
threat information sharing described in section 4(a)(1).
(2) Elements.--The review required by paragraph (1) shall
include the following:
(A) The assessment described in subparagraph (A) of
subsection (b)(2).
(B) Development of the findings described in
subparagraphs (B) and (C) of such subsection.
(C) Development of the recommendations described in
subparagraph (D) of such subsection.
(b) Report.--
(1) In general.--The Commission shall submit to the
Director of National Intelligence, the Secretary of Homeland
Security, the Attorney General, and the Director of the Federal
Bureau of Investigation a report on the findings of the
Commission with respect to the review conducted under
subsection (a)(1).
(2) Contents.--The report submitted under paragraph (1)
shall include the following:
(A) Assessment.--An assessment of current
capabilities, mechanisms, gaps, and challenges
regarding nationwide United States-based terrorism
threat-information sharing and training.
(B) Information sharing findings.--Findings on
information sharing, including with respect to the
following:
(i) Baseline existing types of terrorism
threat information.--(I) What type of
information regarding United States-based
terrorism threats that are inspired by foreign
terrorist organizations, or the ideology
thereof, and United States-based terrorism
threats that are not inspired by foreign
terrorist organizations, or the ideology
thereof, is currently captured across the
Federal, State, and local levels of government,
along with information about such terrorism
that is likely not captured or is lost at each
level.
(II) Types of information under subclause
(I) may include cables, situational reports,
information reports, assessments, digests,
toolboxes, and bulletins.
(III) With respect to information described
in subclause (I)--
(aa) a comparison and noted
differences between both types of
information regarding threats of United
States-based terrorism not inspired by
foreign terrorist organizations and
inspired by foreign terrorist
organizations; and
(bb) any gaps and challenges to
addressing such differences.
(IV) The types of information captured at
each level described in subclause (I) while
possibly labeled as other criminal acts that
could be relevant to threats of terrorism not
inspired by United States-based foreign
terrorist organizations, including relevant
intelligence, reporting, and assessments.
(V) The effect of how different levels of
classified information affect the types of
threat information captured.
(ii) Partners who receive the
information.--(I) Who receives information
regarding threats of United States-based
terrorism not inspired by foreign terrorist
organizations, and separately who receives
information regarding threats of United States-
based terrorism inspired by foreign terrorist
organizations, as well as those entities and
partners who do not currently receive this
information, including with respect to Federal,
State, local, and Tribal government partners.
(II) With respect to threat information
described in subclause (I)--
(aa) a comparison and noted
differences between both information
regarding threats of United States-
based terrorism not inspired by foreign
terrorist organizations and inspired by
foreign terrorist organizations; and
(bb) any gaps and challenges to
addressing such differences.
(III) The effect of how different levels of
classified information affect the receipt of
such information by various partners.
(iii) What information is shared.--(I) What
information regarding United States-based
terrorism threats that are inspired by foreign
terrorist organizations, or the ideology
thereof, and United States-based terrorism
threats that are not inspired by foreign
terrorist organizations, or the ideology
thereof, is currently shared or could be shared
with the partners identified under clause (ii),
as well as information the Commission
identifies is not being shared.
(II) With respect to threat information
described in subclause (I)--
(aa) a comparison and noted
differences between both information
regarding threats of United States-
based terrorism not inspired by foreign
terrorist organizations and inspired by
foreign terrorist organizations; and
(bb) any gaps and challenges to
addressing such differences.
(III)(aa) An assessment of how information
regarding threats of United States-based
terrorism not inspired by foreign terrorist
organizations according to the Federal Bureau
of Investigation's broad program categories of
racially motivated violent extremism, animal
and eco violent extremism, antigovernment
violent extremism, and abortion violent
extremism.
(bb) Assessment under item (aa) shall be
disaggregated by the following:
(AA) Types of racially motivated
violent extremism, specifically
outlining all threat information
relating to both white and black
violent extremism, and the numerical
volume of threat information under each
subcategory or subprogram.
(BB) Types of antigovernment
violent extremism to clearly illustrate
all threat information relating to
militia, anarchist, and sovereign
citizen violent extremism and the
numerical volume of threat information
under each subcategory or subprogram.
(CC) Types of animal and eco
violent extremism and the numerical
volume of threat information under each
subcategory or subprogram.
(IV) Expansion of the categorization
described in subclause (III) to include
creation of a new category for new and emerging
threats, such as anti-immigrant violent
extremism, and incel violent extremism.
(V) Effects of how sharing at different
levels of classified information affects what
information is available to various partners.
(iv) How threat information is shared.--(I)
How information regarding United States-based
terrorism threats that are inspired by foreign
terrorist organizations, or the ideology
thereof, and United States-based terrorism
threats that are not inspired by foreign
terrorist organizations, or the ideology
thereof, is shared, including what the existing
mechanisms are for sharing with respect to
infrastructure or personnel, disaggregated by--
(aa) what types of threat
information are received;
(bb) classification level; and
(cc) partner identified under
clause (ii).
(II) With respect to information described
in subclause (I)--
(aa) a comparison and noted
differences between both information
regarding threats of United States-
based terrorism not inspired by foreign
terrorist organizations and inspired by
foreign terrorist organizations; and
(bb) any gaps and challenges to
address such differences.
(III) Existing mechanisms through which
information regarding threats of United States-
based terrorism threats that are inspired by
foreign terrorist organizations, or the
ideology thereof, and United States-based
terrorism threats that are not inspired by
foreign terrorist organizations, or the
ideology thereof, is currently shared within
and across the Federal Government with partners
identified under clause (ii), including with
respect to the following:
(aa) Infrastructure, such as
Guardian, eGuardian, and the National
Crime Information Center.
(bb) Task forces, such as joint
terrorism task forces.
(cc) Professional staff who perform
information sharing as part as an
official duty, such as liaison
officers.
(dd) Threat information sharing
from Federal to State and local
partners, from local partners to State
and Federal partners, and information
that is shared laterally between States
and between Federal agencies.
(ee) Threat information sharing
across geographic and interagency
lines, departments and agencies, and
information systems.
(IV) Effects of how sharing at different
levels of classified information affects how
threat information is shared with various
partners.
(v) Redundancies, gaps, and differences.--
(I) Redundancies, gaps, and differences in
information sharing regarding threats of United
States-based terrorism threats that are
inspired by foreign terrorist organizations, or
the ideology thereof, and United States-based
terrorism threats that are not inspired by
foreign terrorist organizations, or the
ideology thereof.
(II) Causes of such redundancies, gaps, and
differences described in subclause (I).
(III) Challenges to improvement with
respect to sharing described in subclause (I).
(IV) How redundancies and gaps described in
subclause (I) differ between United States-
based terrorism threats that are inspired by
foreign terrorist organizations, or the
ideology thereof, and United States-based
terrorism threats that are not inspired by
foreign terrorist organizations, or the
ideology thereof, disaggregated by each
category of partner identified under clause
(ii).
(V) How differences described in subclause
(IV) relate to challenges concerning
classification of threat information.
(C) United states-based terrorism training
findings.--Findings relating to existing Federal
training concerning either or a combination of both
United States-based terrorism threats that are inspired
by foreign terrorist organizations, or the ideology
thereof, or United States-based terrorism threats that
are not inspired by foreign terrorist organizations, or
the ideology thereof, including the following:
(i)(I) What Federal, State, local, and
Tribal government training exists regarding
both United States-based terrorism threats that
are inspired by foreign terrorist
organizations, or the ideology thereof, and
United States-based terrorism threats that are
not inspired by foreign terrorist
organizations, or the ideology thereof,
disaggregated by categories and classification
differences.
(II) With respect to information described
in subclause (I)--
(aa) a comparison and noted
differences between both information
regarding threats of United States-
based terrorism not inspired by foreign
terrorist organizations and inspired by
foreign terrorist organizations; and
(bb) any gaps and challenges to
address such differences.
(ii) Which partners identified under
subparagraph (B)(ii) receive what training with
respect to terrorism in the United States.
(iii) What are the mechanisms,
institutions, and training centers that provide
each of such trainings.
(iv) An examination of training content,
who provides such training, how providers of
such training are vetted, how such training is
vetted or coordinated among agencies,
disaggregated by training concerning United
States-based terrorism threats that are
inspired by foreign terrorist organizations, or
the ideology thereof, and United States-based
terrorism threats that are not inspired by
foreign terrorist organizations, or the
ideology thereof.
(v) Outlines of training redundancies,
gaps, and challenges in distribution, for each
type of training, and the impediments to
addressing such challenges.
(D) Recommendations.--
(i) Threat information sharing.--
Recommendations to address the differences
between information sharing concerning United
States-based terrorism threats that are
inspired by foreign terrorist organizations, or
the ideology thereof, and United States-based
terrorism threats that are not inspired by
foreign terrorist organizations, or the
ideology thereof, including recommendations
regarding policy, programs, resources, and
infrastructure needed to address challenges and
gaps indicated in the findings of the
Commission. Such recommendations shall include
the following:
(I) Information recipients.--
Recommendations to maintain, commence,
or expand coordination and threat
information sharing among Federal,
State, local, and Tribal government
agencies and private entities with
protective or public safety
responsibilities who were identified as
needing access to such information,
including how gaps should be mitigated
and how current challenges should be
addressed.
(II) Content.--Recommendations to
maintain, commence, or expand the type
and categories of threat information
given to each of the Federal, State,
local, and Tribal government agencies
and private entities described in
subclause (I).
(III) Mechanisms.--Recommendations
relating to the most effective use of
existing Federal, State, local, and
Tribal mechanisms for capturing and
sharing relevant threat information,
including--
(aa) how gaps should be
mitigated;
(bb) how current challenges
should be addressed; and
(cc) proposals for new or
expanded mechanisms.
(IV) Eliminating redundancy.--
Recommendations to eliminate redundancy
regarding who receives threat
information, what information is
shared, mechanisms for how information
is shared, including recommendations to
address the implications for redundancy
if new measures are enacted.
(V) Filling gaps.--Recommendations
to address overarching gaps to threat
information sharing.
(ii) Training program.--Recommendations
concerning training, including the following:
(I) Recommendations for creating a
Federal interagency terrorism training
program to train officers and employees
of government departments and agencies
and relevant private entities in
matters relating to threats, trends,
and tailored opportunities for
prevention concerning both United
States-based terrorism threats that are
inspired by foreign terrorist
organizations, or the ideology thereof,
and United States-based terrorism
threats that are not inspired by
foreign terrorist organizations, or the
ideology thereof.
(II) Recommendations concerning
additional training on investigation of
crimes concerning United States-based
terrorism threats that are not inspired
by foreign terrorist organizations, or
the ideology thereof, under current
State and Federal legal structures and
related crimes such as hate crimes.
(III) Recommendations concerning
additional training on--
(aa) infrastructure and
mechanisms that allow law
enforcement to report United
States-based terrorism threats
that are not inspired by
foreign terrorist
organizations, or the ideology
thereof, and hate crimes; and
(bb) information sharing
and dissemination.
(3) Consideration of various needs.--In developing the
report required by paragraph (1), the Commission shall take
into account the different needs of Federal, State, local, and
Tribal law enforcement agencies across the United States.
(4) Review of drafts.--Before submitting a report under
paragraph (1), the chairperson of the Commission shall ensure
that a draft of the report is made available to the Director of
National Intelligence, the Secretary of Homeland Security, the
Attorney General, and the Director of the Federal Bureau of
Investigation for review and to obtain feedback from the
various legal, civil rights, and privacy offices under their
respective jurisdictions.
(5) Annexes.--The report under paragraph (1) shall include
a separate annex for each of the following that highlights
respective efforts to include nationwide Federal, State, and
local input, where relevant, in preparation of the report:
(A) The Office of the Director of National
Intelligence.
(B) The Department of Homeland Security.
(C) The Department of Justice.
(D) The Federal Bureau of Investigation.
(6) Presentation.--Information and comparisons in the
report submitted under paragraph (a) shall be presented in the
report in both narrative and visual graph form to clearly
depict any differences.
SEC. 6. REPORTING TO CONGRESS.
(a) Report on Assessment, Findings, and Recommendations.--Not later
than 180 days after the date of the establishment of the Commission,
the Director of National Intelligence, in coordination with the
Secretary of Homeland Security, the Attorney General, and the Director
of the Federal Bureau of Investigation, shall submit to the appropriate
committees of Congress a final report on the assessments, findings, and
recommendations of the Commission that were submitted to the Director
of National Intelligence, the Secretary of Homeland Security, the
Attorney General, and the Director of the Federal Bureau of
Investigation under section 5(b).
(b) Annual Report on Implementation of Recommendations.--
(1) In general.--Not later than 1 year after the date on
which the final report is submitted under subsection (a) and
not less frequently than once each year thereafter for 10
years, the Director of National Intelligence shall, in
coordination with the Secretary of Homeland Security, the
Attorney General, and the Director of the Federal Bureau of
Investigation, submit to the appropriate committees of Congress
a report on any action taken to implement the recommendations
of the Commission.
(2) Contents.--Each report submitted under paragraph (1)
shall include the following:
(A) Information relating to the number of
recommendations implemented and the status of the
implementation.
(B) An assessment of future trends, challenges, and
opportunities, including new technologies, that will
affect Federal, State, local, and Tribal government
department and agency efforts to continue to improve
information sharing regarding all forms of terrorism.
SEC. 7. COMMISSION ADMINISTRATIVE MATTERS.
(a) Rules and Procedures.--The Commission shall operate via
established interagency terms and procedures for researching and
drafting interagency reports relating to terrorism and information
sharing.
(b) Participation of Government Employees.--An employee of the
Office of the Director of National Intelligence, the Department of
Homeland Security, the Department of Justice, or the Federal Bureau of
Investigation may be required to participate in the Commission on a
part-time or full-time basis.
(c) Receiving Comprehensive Input.--
(1) In general.--The Commission shall--
(A) solicit input by including local partners in
the Commission, as required by section 4(b)(1);
(B) solicit nationwide input through the Office of
the Director of National Intelligence, the Department
of Homeland Security, the Department of Justice, and
the Federal Bureau of Investigation;
(C) solicit input by conducting local field
interviews where the Commission considers doing so
appropriate and cost productive; and
(D) solicit input from independent interagency
advisory boards, including the Senior Advisory Group of
the Office of the Director of National Intelligence,
the Homeland Security Advisory Board, the Executive
Advisory Board, the Homeland Security and Law
Enforcement Partners Board, and the Privacy and Civil
Liberties Oversight Board.
(2) Targets of solicitation.--Those from whom input is
solicited under paragraph (1) shall include:
(A) Fusion centers.
(B) Field offices.
(C) Local offices of United States Attorneys,
including--
(i) offices in cities the Commission
considers large or urban; and
(ii) offices in cities the Commission
considers small or rural.
(D) Local representatives from the Federal agencies
represented in the membership of the Commission.
(E) Local police departments.
(F) Offices of sheriffs.
(G) Offices of probation and pretrial services.
(H) The various academies and training offices of
each of these Federal agencies represented in the
membership of the Commission.
(I) State law enforcement agencies and State
investigative agencies.
(J) Privacy offices of each of the Federal agencies
represented in the membership of the Commission.
(K) Civil rights and civil liberties offices of
each of the Federal agencies represented in the
membership of the Commission.
(L) Relevant screening, vetting, and watchlisting
offices of each of the Federal agencies represented in
the membership of the Commission.
(M) Relevant offices within the Bureau of Prisons
of the Department of Justice.
SEC. 8. TERMINATION OF COMMISSION.
The Commission shall terminate 30 days after the date on which the
final report is submitted under section 6(a).
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