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116th Congress   }                                  {    Rept. 116-213
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                  {           Part 1

======================================================================



 
  DOMESTIC AND INTERNATIONAL TERRORISM DOCUMENTATION AND ANALYSIS OF 
                         THREATS IN AMERICA ACT

                                _______
                                

 September 19, 2019.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Thompson of Mississippi, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                       [To accompany H.R. 3106 ]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 3106) 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, having 
considered the same, report favorably thereon with amendments 
and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     5
Background and Need for Legislation..............................     5
Hearings.........................................................     7
Committee Consideration..........................................     7
Committee Votes..................................................     7
Committee Oversight Findings.....................................     8
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and 
  Tax Expenditures...............................................     8
Federal Mandates Statement.......................................     9
Statement of General Performance Goals and Objectives............     9
Duplicative Federal Programs.....................................     9
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................
Advisory Committee Statement.....................................
Applicability to Legislative Branch..............................
Committee Correspondence.........................................    12
Minority Views...................................................    14

    The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  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''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) 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.
          (2) Director.--The term ``Director'' means the Director of 
        the Federal Bureau of Investigation.
          (3) Domestic terrorism.--The term ``domestic terrorism'' has 
        the meaning given such term in section 2331 of title 18, United 
        States Code.
          (4) 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 State Code.
          (5) International terrorism.--The term ``international 
        terrorism'' has the meaning given such term in section 2331 of 
        title 18, United States Code.
          (6) 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.
          (7) 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:
                  (A) 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.
                  (B) Any other information that is linked or linkable 
                to an individual, such as medical, educational, 
                financial, or employment information.
          (8) Secretary.--The term ``Secretary'' means the Secretary of 
        Homeland Security.

 TITLE I--FEDERAL EFFORTS AGAINST DOMESTIC TERRORISM AND INTERNATIONAL 
                               TERRORISM

SEC. 101. JOINT DOMESTIC TERRORISM AND INTERNATIONAL TERRORISM REPORT.

  (a) 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.
  (b) Contents.--
          (1) In general.--Each report submitted under subsection (a) 
        shall include the following:
                  (A) All guidance, policy memos, and related documents 
                regarding the following:
                          (i) The criteria for opening a domestic or 
                        international terrorism investigation, 
                        including any standards of proof required 
                        before opening such investigation.
                          (ii) Sharing of domestic or international 
                        terrorism information across law enforcement 
                        agencies.
                          (iii) 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.
                  (B) 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.
                  (C) The information required under paragraph (2).
          (2) 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 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--
                  (A) 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
                  (B) in each subsequent report for the preceding 
                fiscal year--
                          (i) 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
                          (ii) the number of--
                                  (I) assessments, preliminary 
                                investigations, and full investigations 
                                with a domestic terrorism or 
                                international terrorism nexus initiated 
                                by the Federal Bureau of Investigation, 
                                disaggregated by investigative 
                                classification (including any 
                                subcategories), and the number of such 
                                investigations that were initiated as a 
                                result of a hate crime investigation;
                                  (II) indictments with a domestic 
                                terrorism or international terrorism 
                                nexus, disaggregated by investigative 
                                classification (including any 
                                subcategories), and an explanation of 
                                each such indictment;
                                  (III) prosecutions with a domestic 
                                terrorism or international terrorism 
                                nexus, disaggregated by investigative 
                                classification (including any 
                                subcategories), and an explanation of 
                                each such prosecution; and
                                  (IV) convictions with a domestic 
                                terrorism or international terrorism 
                                nexus, disaggregated by investigative 
                                classification (including any 
                                subcategories), and an explanation of 
                                each such conviction; and
                          (iii) the number of full-time staff, 
                        including position descriptions, employed by 
                        the Department of Homeland Security and the 
                        Department of Justice to handle matters 
                        described in subclauses (I) through (IV) of 
                        clause (ii), disaggregated by domestic 
                        terrorism and international terrorism.
          (3) 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.
  (c) 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.
  (d) 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'').
  (e) Classification and Public Release.--Each report submitted under 
subsection (a) shall be--
          (1) unclassified with a classified annex only if necessary; 
        and
          (2) 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.

SEC. 102. ANNUAL COMPTROLLER GENERAL AUDIT OF JOINT REPORT ON DOMESTIC 
                    TERRORISM AND INTERNATIONAL TERRORISM.

  (a) 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.
  (b) Elements of Review.--In conducting each audit under subsection 
(a), the Comptroller General of the United States shall--
          (1) 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;
          (2) evaluate adherence to such standard methodology and the 
        privacy, civil rights, and civil liberties policies and 
        protections set forth in section 101(b)(1)(A)(iii) and 
        101(b)(1)(B);
          (3) evaluate all guidance, policy memos, and related 
        documents utilized to decide to initiate investigations with a 
        domestic terrorism nexus; and
          (4) include any other subject matter the Comptroller General 
        determines appropriate.
  (c) 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), consistent with section 716(a) of title 31, United 
States Code.

    TITLE II--HOMELAND SECURITY RESEARCH ON DOMESTIC TERRORISM AND 
                        INTERNATIONAL TERRORISM

SEC. 201. RESEARCH ON DOMESTIC TERRORISM AND INTERNATIONAL TERRORISM.

  (a) Report.--Not later than 180 days after the date of 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 
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.
  (b) Contents.--Each report submitted under subsection (a) shall 
include the following:
          (1) Information on international terrorism with ideological, 
        financial, logistical, or other connections to domestic 
        terrorism.
          (2) Information on trends in the use of online platforms for 
        such terrorism.
          (3) Strategies that foreign governments have undertaken to 
        counter such terrorism.
          (4) 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.

  TITLE III--AUTHORIZATION OF APPROPRIATIONS AND RULES OF CONSTRUCTION

SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated $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, and $1,000,000 is authorized to be 
appropriated for each of such fiscal years to carry out section 201.

SEC. 302. RULES OF CONSTRUCTION.

  (a) 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.
  (b) 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.
  (c) 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.
  (d) 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.

    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.

                          PURPOSE AND SUMMARY

    H.R. 3106, the Domestic and International Terrorism 
Documentation and Analysis of Threats in America (``Domestic 
and International Terrorism DATA'') Act, seeks to foster 
transparency and facilitate informed policymaking on domestic 
and international terrorism by: (1) requiring the Federal 
Bureau of Investigation (FBI), the Department of Justice (DOJ), 
and the Department of Homeland Security (DHS) to produce an 
annual, unclassified joint report that provides data on 
domestic and international terrorist incidents; assessments, 
investigations, indictments, prosecutions, and convictions with 
a domestic or international terrorism nexus; and the number of 
full-time staff working on domestic terrorism employed by DOJ 
and DHS; (2) requiring FBI, DOJ, and DHS to affirm that they 
have complied with relevant privacy, civil rights, and civil 
liberties protections in compiling this data and to explain the 
methodology they use to categorize domestic terrorism; (3) 
requiring the Government Accountability Office to audit the 
annual reports as well as adherence to privacy, civil rights, 
and civil liberties protections and the agencies' stated 
methodologies; and (4) requiring DHS' Science and Technology 
Directorate to study transnational links between groups linked 
to domestic terrorism in the United States, such as white 
supremacists, and their counterparts abroad.

                  BACKGROUND AND NEED FOR LEGISLATION

    Domestic terrorism-including white supremacist extremist 
violence-presents a persistent and growing threat to the 
security of our homeland.
    Data collected by civil rights groups and other 
stakeholders attest to a troubling rise in domestic terrorism 
in recent years. According to the ADL (Anti-Defamation League), 
in 2018, domestic extremists killed at least 50 people in the 
U.S., a sharp increase from the 37 extremist-related murders 
documented in 2017, though still lower than the totals for 2015 
(70 murders) and 2016 (72 murders). The 50 deaths made 2018 the 
fourth-deadliest year on record for domestic extremist-related 
killings since 1970.\1\
---------------------------------------------------------------------------
    \1\Murder and Extremism in the United States in 2018, Anti-
Defamation League, Jan. 2019, https://www.adl.org/murder-and-extremism-
2018.
---------------------------------------------------------------------------
    According to an analysis by the Washington Post, between 
2010 and 2017, right-wing violent extremists committed a third 
of all acts of domestic terrorism in the U.S. (92 out of 263), 
more than Islamist terrorists (38 out of 263) and left-wing 
terrorists (34 out of 263) put together.\2\ Unpublished FBI 
data leaked to the Washington Post in early March 2019 reveal 
that there were more domestic terrorism-related arrests than 
international terrorism-related arrests in both Fiscal Year 
(FY) 2017 and FY 2018.\3\
---------------------------------------------------------------------------
    \2\In the United States, right-wing violence is on the rise, Wash. 
Post, Nov. 25, 2018, https://www.washingtonpost.com/national/in-the-
united-states-right-wing-violence-is-on-the-rise/2018/11/25/61f7f24a-
deb4-11e8-85df-7a6b4d25cfbb_story.html.
    \3\Arrests in domestic terror probes outpace those inspired by 
Islamic extremists, Wash. Post, Mar. 9, 2019, https://
www.washingtonpost.com/world/national-security/arrests-in-domestic-
terror-probes-outpace-those-inspired-by-islamic-extremists/2019/03/08/
0bf329b6-392f-11e9-a2cd-307b06d0257b_story.html.
---------------------------------------------------------------------------
    According to the ADL, there were 427 extremist-related 
killings in the U.S. from 2009 to 2018.\4\ Of those, 73.3% were 
committed by right-wing extremists, 23.4% by Islamist 
extremists, and 3.2% by left-wing extremists. Three out of four 
killings committed by right-wing extremists in the U.S. were 
committed by white supremacists (313 from 2009 to 2018).\5\
---------------------------------------------------------------------------
    \4\Murder and Extremism in the United States in 2018, Anti-
Defamation League, Jan. 2019, https://www.adl.org/murder-and-extremism-
2018.
    \5\Id.
---------------------------------------------------------------------------
    On May 8, 2019, FBI Assistant Director for Counterterrorism 
Michael McGarrity testified before the Committee on Homeland 
Security that the FBI was investigating 850 domestic terrorism 
cases--and of those, about 40 percent involved racially 
motivated extremism, mostly white supremacist extremism.\6\ On 
July 23, 2019, FBI Director Christopher Wray testified before 
the Senate Committee on the Judiciary that there have been a 
similar number of arrests of domestic terrorism suspects 
compared to arrests of international terrorism suspects in the 
first three quarters of FY 2019.\7\
---------------------------------------------------------------------------
    \6\Full Committee Hearing: Confronting the Rise of Domestic 
Terrorism in the Homeland, Committee on Homeland Security, May 8, 2019, 
https://homeland.house.gov/activities/hearings/confronting-the-rise-of-
domestic-terrorism-in-the-homeland.
    \7\Full Committee Hearing: Oversight of the Federal Bureau of 
Investigation, Committee on the Judiciary (Senate), July 23, 2019, 
https://www.judiciary.senate.gov/meetings/07/23/2019/oversight-of-the-
federal-bureau-of-investigation.
---------------------------------------------------------------------------
    To confront domestic terrorism, Congress and the public 
need information from the government on domestic terrorist 
incidents and the government's activities to combat it. While 
public data compiled by outside stakeholders have helped our 
understanding of the domestic terrorism threat landscape, there 
is no substitute for government data. The Federal government 
published similar information in the past.\8\ In light of the 
surge in domestic terrorism, a renewed effort to share such 
information with the public is justified. In Committee, the 
core provisions of the bill, requiring Federal data regarding 
efforts with respect to domestic terrorism was expanded to also 
encompass Federal data regarding efforts with respect to 
international terrorism.
---------------------------------------------------------------------------
    \8\From the early 1990s until 2005, the FBI produced a Terrorism 
report that captured both domestic and international terror incidents 
in the United States. Although the report was not perfect, it provided 
clarity on the federal government's actions to counter all forms of 
terrorism. The report provided additional insight regarding the FBI's 
concept of ``threats''' and provided background on trends in terrorism.
---------------------------------------------------------------------------
    Protecting the homeland from domestic terrorism is an 
urgent and important task. Congress and the public require 
transparency from the FBI, DOJ, and DHS regarding the domestic 
terrorist threats we face and how the government is allocating 
resources to confront domestic terrorism and better understand 
current and emerging terrorist trends. Enactment of H.R. 3106 
will ensure greater transparency on this persistent and growing 
homeland security threat.

                                HEARINGS

    For the purpose of section 103(i) of H. Res 6. Of the 116th 
Congress the following hearing was used to develop or consider 
H.R. 3106:
    On May 8, 2019, the Committee on Homeland Security held a 
hearing entitled ``Confronting the Rise of Domestic Terrorism 
in the Homeland.'' Committee Members received testimony from 
the following witnesses: Brad Wiegmann, Deputy Assistant 
Attorney General, National Security Division, Department of 
Justice (DOJ); Michael McGarrity, Assistant Director for 
Counterterrorism, Federal Bureau of Investigation (FBI); and 
Brian Murphy, Principal Deputy Undersecretary for Intelligence 
& Analysis, Department of Homeland Security (DHS). Witnesses 
provided testimony regarding the threat of domestic terrorism 
and what their agencies are doing with federal, state, and 
local partners to counter these threats.
    At this hearing, FBI Assistant Director McGarrity offered 
the following testimony: ``We believe domestic terrorists pose 
a present and persistent threat of violence and economic harm 
to the United States; in fact, there have been more arrests and 
deaths caused by domestic terrorists than international 
terrorists in recent years.'' Similarly, Deputy Assistant 
Attorney General Wiegmann also stated: ``Domestic terrorism 
continues to pose a significant threat to the public, as a 
number of recent attacks and plots amply demonstrate. . . . 
[W]here an individual tries to impose or promote an ideology 
through acts of violence, often on a mass scale, those acts can 
be among the most serious crimes we confront as a society. We 
have seen individuals conduct domestic terror attacks too many 
times, whether motivated by anti-government animus, racism, or 
other ideologies.''

                        COMMITTEE CONSIDERATION

    The Committee met on July 17, 2019, with a quorum being 
present, to consider H.R. 3106 and ordered the measure to be 
reported to the House with a favorable recommendation, as 
amendment, by unanimous consent.
    The following amendment was offered and agreed to by 
unanimous consent:
    An amendment in the nature of a substitute offered by Mr. 
King.

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    No recorded votes were requested during consideration of 
H.R. 3106.

                      COMMITTEE OVERSIGHT FINDINGS

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

                  CONGRESSIONAL BUDGET OFFICE ESTIMATE

   NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, The Committee adopts as its 
own the cost estimate prepared by the Director of the 
Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, August 7, 2019.
Hon. Bennie G. Thompson,
Chairman, Commiittee on Homeland Security,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3106, the Domestic 
and International Terrorism DATA Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    H.R. 3106 would authorize the appropriation of $2 million 
annually over the 2020-2026 period for the Department of 
Homeland Security and the Department of Justice to prepare 
annual reports on domestic and international terrorism. The 
bill also would require the Government Accountability Office 
(GAO) to prepare an annual audit of those reports.
    Based on the costs of similar activities, CBO estimates 
that it would cost about $500,000 annually for the GAO audits. 
Assuming appropriation of the authorized and estimated amounts, 
CB0 estimates that implementing the bill would cost about $12 
million over the 2020-2024 period. Estimated outlays are based 
on historical spending patterns for these activities. The costs 
of the legislation (detailed in Table 1) fall within budget 
functions 750 (administration of justice) and 800 (general 
government).

                       TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION
----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year, millions of dollars--
                                                            ----------------------------------------------------
                                                              2019   2020   2021   2022   2023   2024  2019-2024
----------------------------------------------------------------------------------------------------------------
Estimated Authorization....................................      0      3      3      3      3      3        12
Estimated Outlays..........................................      0      3      3      3      3      3        12
----------------------------------------------------------------------------------------------------------------
Details may not sum to totals because of rounding.

    The CBO staff contact for this estimate is Mark Grabowicz. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

                       FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office.

                      DUPLICATIVE FEDERAL PROGRAMS

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 3106 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

                    PERFORMANCE GOALS AND OBJECTIVES

    With regard to the joint report required under Section 101, 
the Committee generally expects that the report must include 
all elements described under Section 101, including information 
on domestic terrorism and assessments, preliminary 
investigations, full investigations, indictments, prosecutions, 
and convictions. The Committee expects the information on 
domestic terrorism to be disaggregated by the ideology 
associated with each domestic terrorist incident. In 
particular, the Committee expects to see a disaggregation of 
domestic terrorist incidents and assessments, preliminary 
investigations, full investigations, indictments, prosecutions, 
and convictions associated with white supremacist extremism. 
With regard to Section 101(b)(1)(B), the Committee expects a 
sufficient level of detail to understand the identification of 
particular investigative classifications under the umbrella of 
``racially motivated violent extremism'' or any similar 
overarching classification, in order to disaggregate particular 
sub-types of racially motivated violent extremism, such as 
white supremacist extremist violence.
    With regard to Section 201, the Committee intends for the 
research required under this section to further Congress and 
the public's understanding of the transnational networks of 
domestic terrorist movements, such as white supremacist 
extremist violence, including the use of online platforms to 
further domestic terrorism.

                          ADVISORY ON EARMARKS

    In compliance with rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of the rule 
XXI.

             SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title

Sec 2. Definitions

    This section provides definitions of the following terms: 
appropriate congressional committees; Director; domestic 
terrorism; hate crime; international terrorism; online 
platform; personally identifiable information; and Secretary.

 Title I--Federal Efforts Against Domestic Terrorism and International 
                               Terrorism


Sec. 101--Joint domestic terrorism and international terrorism report

    This section requires FBI, DOJ, and DHS to produce an 
annual, unclassified joint report that provides the following: 
data on domestic and international terrorist incidents; 
assessments, investigations, indictments, prosecutions, and 
convictions with a domestic or international terrorism nexus; 
and the number of full-time staff working on domestic terrorism 
employed by DOJ and DHS. This section also requires FBI, DOJ, 
and DHS to affirm that they have complied with relevant 
privacy, civil rights, and civil liberties protections in 
compiling this data and to explain the methodology they use to 
categorize domestic terrorism.

Sec. 102--Annual comptroller general audit of joint report on domestic 
        terrorism and international terrorism

    This section requires the Government Accountability Office 
to audit the annual reports as well as adherence to privacy, 
civil rights, and civil liberties protections and the agencies' 
stated methodologies.

    Title II--Homeland Security Research on Domestic Terrorism and 
                        International Terrorism


Sec. 201--Research on domestic terrorism and international terrorism

    This section requires DHS' Science and Technology 
Directorate to study transnational links between groups linked 
to domestic terrorism in the United States, such as white 
supremacist extremists, and their counterparts abroad.

  Title III--Authorization of Appropriations and Rules of Construction


Sec. 301--Authorization of appropriations

    This section authorizes $2 million for each of fiscal years 
2020 through 2026 to carry out this Act, of which $1 million is 
authorized for the joint report required under Section 101 and 
$1 million is authorized for the research required under 
Section 201.

Sec. 302--Rules of construction

    This section affirms that nothing in this Act shall 
infringe upon privacy rights and First Amendment rights. It 
also affirms that the joint report required under Section 101 
must include information related to domestic terrorism. The 
Committee stresses that submission of a joint without required 
information regarding domestic terrorism would not fulfill the 
mandate set forth under Section 101.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


                             MINORITY VIEWS

    On July 17, 2019, the Committee on Homeland Security 
favorably reported H.R. 3106, as amended, with bipartisan 
support. Committee Republicans supported the Amendment in the 
Nature of a Substitute (ANS) offered by Congressman Pete King 
(R-NY). The ANS addressed several shortfalls in the 
legislation, which would have resulted in stand-alone reporting 
and research efforts into domestic terrorism threats. A vital 
lesson from the September 11, 2001 terror attacks is that that 
the government cannot have a siloed approach to homeland 
security threats. The ANS ensured that the reporting and 
research frameworks established in the bill include both 
domestic and international terrorism threats.
    There is bipartisan agreement on the need for more reliable 
public reporting on both domestic and international terror 
threats to the homeland. The report mandated in the legislation 
requires the Department of Homeland Security (DHS), the Federal 
Bureau of Investigation (FBI), and the Department of Justice 
(DOJ) to produce an annual report for six years on a number of 
investigative aspects of domestic and international terrorism. 
The FBI and DOJ are the lead agencies for investigating and 
prosecuting terrorism. It is not clear why DHS was included as 
a lead agency in the report, but Republican Members do support 
a coordinated approach to Federal efforts to counter both 
domestic and international terrorism. As this legislation moves 
through the legislative process, appropriate agency involvement 
and the specific elements required in the report should be 
further assessed. Additionally, DHS, FBI, and DOJ have 
indicated that they have additional comments on the 
legislation, and we encourage further meetings with these 
agencies to ensure the legislation includes their feedback.
    We soundly denounce acts of domestic terrorism and support 
efforts to better track and counter this threat. Attacks like 
those that occurred at the Chabad of Poway synagogue, a store 
in El Paso, Texas, a busy street in Dayton, Ohio, and the Dar-
ul-Arqam mosque, among others, are horrific and have been 
rightly condemned. However, it's important to note that acts of 
domestic terrorism are perpetrated by individuals radicalized 
by extremist ideologies from both the right and the left. In 
fact, just this summer, there were at least two acts of 
violence linked to the radical left-wing group, Antifa. On June 
29, 2019, competing rallies in Portland, Oregon led to 
confrontations between the Proud Boys, Rose City Antifa, 
journalists and law enforcement. According to media reports, at 
least eight people, including law enforcement, were treated by 
medics at the scene and three additional individuals were taken 
to local hospitals. On July 13, 2019, a self-described Antifa 
member ignited a vehicle and fired upon an Immigration and 
Customs Enforcement facility in Tacoma, Washington.
    Committee Republicans were pleased to work with Chairman 
Thompson to amend H.R. 3106 and ensure that both international 
and domestic terrorism, regardless of ideology, is better 
tracked, assessed, and countered. While the bill needs further 
review and adjustment, Committee Republicans are prepared to 
support the measure and move the legislation forward.
                                                       Mike Rogers.

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