Sec. 602. Annual strategic intelligence assessment of and comprehensive report on domestic terrorism

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Not later than 180 days after the date of the enactment of this Act, and annually thereafter through 2025, the Director of National Intelligence, the Director of the Federal Bureau of Investigation, and the Under Secretary of Homeland Security for Intelligence and Analysis shall jointly submit to the appropriate congressional committees a report on domestic terrorism containing the following: Strategic intelligence assessment under subsection (b). Discussion of activities under subsection (c).

Data on domestic terrorism under subsection (d). The Director of National Intelligence, acting through the Director of the National Counterterrorism Center, shall be the lead official for coordinating the production of and integrating terrorism information into— each report under paragraph (1); and each strategic intelligence assessment under subsection (b). The Director of the Federal Bureau of Investigation and the Under Secretary of Homeland Security for Intelligence and Analysis shall provide to the Director of the National Counterterrorism Center all appropriate information requested by the Director of the National Counterterrorism Center to carry out this section.

The Director of National Intelligence, the Director of the Federal Bureau of Investigation, and the Under Secretary of Homeland Security for Intelligence and Analysis shall include— in the first report under subsection (a)(1), a strategic intelligence assessment of domestic terrorism in the United States during fiscal years 2017, 2018, and 2019; and in each subsequent report under such subsection, a strategic intelligence assessment of domestic terrorism in the United States during the prior fiscal year.

Each report under subsection (a)(1) shall discuss and compare the following: The criteria for opening, managing, and closing domestic and international terrorism investigations by the Federal Government. Standards and procedures for the Federal Bureau of Investigation, the Office of Intelligence and Analysis of the Department of Homeland Security, and the National Counterterrorism Center, with respect to the review, prioritization, and mitigation of domestic and international terrorism threats in the United States.

The planning, development, production, analysis, and evaluation by the United States Government of intelligence products relating to terrorism, including both raw and finished intelligence. The sharing of information relating to domestic and international terrorism by and between— the Federal Government; State, local, Tribal, territorial, and foreign governments; the appropriate congressional committees; non-governmental organizations; and the private sector. The criteria and methodology used by the Federal Bureau of Investigation, the Office of Intelligence and Analysis of the Department of Homeland Security, and the National Counterterrorism Center, to identify or assign terrorism classifications to incidents of terrorism or investigations of terrorism, including— a comparison of the criteria and methodology used with respect to domestic terrorism and international terrorism; the identification of any changes made to investigative classifications; and a discussion of the rationale for any changes identified under subparagraph (B).

Applicable Federal requirements and compliance by the Federal Government with privacy, civil rights, and civil liberties policies and protections with respect to the production of the report, 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. Information regarding any training or resources provided by the Federal Bureau of Investigation, the Department of Homeland Security, or the National Counterterrorism Center, 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 such training or resources.

The Director of National Intelligence, the Director of the Federal Bureau of Investigation, and the Under Secretary of Homeland Security for Intelligence and Analysis shall include in each report under subsection (a)(1) the following data: For each completed or attempted incident of domestic terrorism that has occurred in the United States during the applicable period— a description of such incident; the date and location of such incident; the number and type of completed and attempted Federal non-violent crimes committed during such incident; the number and type of completed and attempted Federal and State property crimes committed during such incident, including an estimate of economic damages resulting from such crimes; and the number and type of completed and attempted Federal violent crimes committed during such incident, including the number of people injured or killed as a result of such crimes.

For the applicable period— an identification of each assessment, preliminary investigation, full investigation, and enterprise investigation with a nexus to domestic terrorism opened, pending, or closed by the Federal Bureau of Investigation; the number of assessments or investigations identified under clause

(i)associated with each domestic terrorism investigative classification (including subcategories); the number and domestic terrorism investigative classification (including subcategories) with respect to such investigations initiated as a result of a referral or investigation by a State, local, Tribal, territorial, or foreign government of a hate crime; the number of Federal criminal charges with a nexus to domestic terrorism, including the number of indictments and complaints associated with each domestic terrorism investigative classification (including subcategories), a summary of the allegations contained in each such indictment, the disposition of the prosecution, and, if applicable, the sentence imposed as a result of a conviction on such charges; referrals of incidents of domestic terrorism by State, local, Tribal, or territorial governments to departments or agencies of the Federal Government for investigation or prosecution, including the number of such referrals associated with each domestic terrorism investigation classification (including any subcategories), and a summary of each such referral that includes the rationale for such referral and the disposition of the applicable Federal investigation or prosecution; intelligence products produced by the intelligence community relating to domestic terrorism, including— the number of such products associated with each domestic terrorism investigative classification (including any subcategories); and with respect to the Federal Bureau of Investigation, at a minimum, all relevant data available through the Integrated Program Management Process; with respect to the National Counterterrorism Center, the number of staff (expressed in terms of full-time equivalents and positions) working on matters relating to domestic terrorism described in clauses

(i)through (vi); with respect to the Federal Bureau of Investigation— the number of staff (expressed in terms of full-time equivalents and positions) working on matters relating to domestic terrorism described in clauses

(i)through (vi); and a summary of time utilization and recordkeeping data for personnel working on such matters, including the number or percentage of such personnel associated with each domestic terrorism investigative classification (including any subcategories) in the FBI Headquarters Operational Divisions and Field Divisions; and with respect to the Office of Intelligence and Analysis of the Department of Homeland Security, the number of staff (expressed in terms of full-time equivalents and positions) working on matters relating to domestic terrorism described in clauses

(i)through (vi). For purposes of this subsection, the applicable period is the following: For the first report required under subsection (a)(1)— with respect to the data described in paragraph (1)(A) of this subsection, the period on or after April 19, 1995; and with respect to the data described in paragraph (1)(B) of this subsection, each of fiscal years 2017, 2018, and 2019. For each subsequent report required under subsection (a)(1), the prior fiscal year. Together with each report under subsection (a)(1), the Director of National Intelligence, the Director of the Federal Bureau of Investigation, and the Under Secretary of Homeland Security for Intelligence and Analysis shall also submit to the appropriate congressional committees the following documents and materials: With respect to the Federal Bureau of Investigation, at a minimum, the most recent, approved versions of— the Attorney General’s Guidelines for Domestic FBI Operations (or any successor); the FBI Domestic Investigations and Operations Guide (or any successor); the FBI Counterterrorism Policy Guide (or any successor); materials relating to terrorism within the Threat Review and Prioritization process for the headquarters and field divisions of the Federal Bureau of Investigation; the Consolidated Strategy Guide (or any successor); and the Field Office Strategic Plans (or any successor). With respect to the intelligence community, each finished intelligence product described in subsection (d)(1)(B)(vi). If any documents or materials required under paragraph

(1)have been previously submitted to the appropriate congressional committees under such paragraph and have not been modified since such submission, the Director of National Intelligence, the Director of the Federal Bureau of Investigation, and the Under Secretary of Homeland Security for Intelligence and Analysis may provide a list of such documents or materials in lieu of making the submission under paragraph

(1)for those documents or materials. The information required under subsection

(d)may be provided in a format that uses the marking associated with the Central Records System (or any successor system) of the Federal Bureau of Investigation. Each report under subsection

(a)shall be— unclassified, but may contain a classified annex; with respect to the unclassified portion of the report, made available on the public internet websites of the National Counterterrorism Center, Federal Bureau of Investigation, and Department of Homeland Security— not later than 30 days after submission to the appropriate congressional committees; and in an electronic format that is fully indexed and searchable; and with respect to a classified annex, submitted to the appropriate congressional committees in an electronic format that is fully indexed and searchable. Each report submitted under subsection (a), 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–154).

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Pub. L. 106-554

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Sec. 602

Annual strategic intelligence assessment of and comprehensive report on domestic terrorism

Pub. L.Pub. L. 106-554

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