Sec. 5602. STRATEGIC INTELLIGENCE ASSESSMENT OF AND REPORTS ON DOMESTIC TERRORISM
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## SEC. 5602 STRATEGIC INTELLIGENCE ASSESSMENT OF AND REPORTS ON DOMESTIC TERRORISM ###
(a)Report on Standardization of Terminology and Procedures Relating to Domestic Terrorism Not later than 90 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation and the Secretary of Homeland Security, in consultation with the Director of National Intelligence in a manner consistent with the authorities and responsibilities of such Director, shall jointly— ####
(1)develop, to the fullest extent feasible and for purposes of internal recordkeeping and tracking, uniform and standardized— #####
(A)definitions of the terms “domestic terrorism”, “act of domestic terrorism”, “domestic terrorism groups”, and any other commonly used terms with respect to domestic terrorism; #####
(B)methodologies for tracking incidents of domestic terrorism; and #####
(C)descriptions of categories and subcategories of— ######
(i)domestic terrorism; and ######
(ii)ideologies relating to domestic terrorism; ####
(2)submit to the appropriate congressional committees a report containing the information developed under paragraph (1). ###
(b)Report Containing Strategic Intelligence Assessment and Data on Domestic Terrorism ####
(1)In general Not later than 180 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation and the Secretary of Homeland Security, in consultation with the Director of National Intelligence in a manner consistent with the authorities and responsibilities of such Director, shall jointly submit to the appropriate congressional committees a report on domestic terrorism containing the following: #####
(A)The strategic intelligence assessment under paragraph (2). #####
(B)The discussion of activities under paragraph (3). #####
(C)Data on domestic terrorism under paragraph (4). #####
(D)Recommendations under paragraph (5). ####
(2)Strategic intelligence assessment #####
(A)Assessment required The Director of the Federal Bureau of Investigation and the Secretary of Homeland Security, in consultation with the Director of National Intelligence in a manner consistent with the authorities and responsibilities of such Director, shall prepare and include in the report under paragraph
(1)a strategic intelligence assessment of domestic terrorism in the United States during fiscal years 2017, 2018, and 2019. #####
(B)Standards The Director of the Federal Bureau of Investigation and the Secretary of Homeland Security, in consultation with the Director of National Intelligence in a manner consistent with the authorities and responsibilities of such Director, shall ensure that the strategic assessment under subparagraph
(A)complies with the analytic integrity and tradecraft standards of the intelligence community. ####
(3)Discussion of activities The report under paragraph
(1)shall discuss and compare the following with respect to each applicable element of the intelligence community: #####
(A)The criteria for opening, managing, and closing domestic and international terrorism investigations. #####
(B)Standards and procedures for the Federal Bureau of Investigation with respect to the review, prioritization, and mitigation of domestic and international terrorism threats in the United States. #####
(C)The planning (including plans of analysis of the Federal Bureau of Investigation, Department of Homeland Security, and National Counterterrorism Center), development, production, analysis, and evaluation of intelligence and intelligence products relating to terrorism, noting any differences with respect to domestic terrorism and international terrorism. #####
(D)The sharing of information relating to domestic and international terrorism 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. #####
(E)The criteria and methodology used by the Federal Bureau of Investigation to identify or assign terrorism classifications to investigations of domestic terrorism. #####
(F)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. #####
(G)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. ####
(4)Data on domestic terrorism #####
(A)Data required In accordance with subparagraph (B), the report under paragraph
(1)shall include the following data for the period beginning on January 1, 2009, and ending on the date of the enactment of this Act: ######
(i)For each completed or attempted incident of domestic terrorism that has occurred in the United States during such period— ######
(I)a description of such incident; ######
(II)the date and location of such incident; ######
(III)the number and type of completed and attempted Federal nonviolent crimes committed during such incident; ######
(IV)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 ######
(V)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. ######
(ii)For such period— ######
(I)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; ######
(II)the number of assessments or investigations identified under subclause
(I)associated with each domestic terrorism investigative classification (including subcategories); ######
(III)the number of assessments or investigations described in subclause
(II)initiated as a result of a referral or investigation by a Federal, State, local, Tribal, territorial, or foreign government, of a hate crime; ######
(IV)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; ######
(V)referrals of incidents of domestic terrorism by or to State, local, Tribal, territorial, or foreign governments, to or by 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; ######
(VI)intelligence products produced by the intelligence community relating to domestic terrorism, including, with respect to the Federal Bureau of Investigation, the number of such products associated with each domestic terrorism investigative classification (including any subcategories); ######
(VII)with respect to the Federal Bureau of Investigation— ######
(aa)the number of staff (expressed in terms of full-time equivalents and positions) working on matters relating to domestic terrorism described in subclauses
(I)through (VI); and ######
(bb)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; ######
(VIII)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 subclauses
(I)through (VI); and ######
(IX)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 subclauses
(I)through (VI), and the applicable legal authorities relating to the activities of such staff. #####
(B)Collection and compilation The requirement to submit data under paragraph (1)— ######
(i)may not be construed to require the creation or maintenance of any record that the Federal Bureau of Investigation, the Department of Homeland Security, or the National Counterterrorism Center, as the case may be, does not maintain in the ordinary course of business or pursuant to another provision of law; and ######
(ii)shall be carried out by collecting, compiling, or otherwise using data and records that such entities otherwise maintain or create. #####
(C)Format The information required under subparagraph
(A)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. ####
(5)Recommendations #####
(A)In general The report under paragraph
(1)shall include recommendations, including any constitutional analysis conducted relating to such recommendations, with respect to the following: ######
(i)The necessity of changing authorities, roles, resources, or responsibilities within the Federal Government to more effectively prevent and counter domestic terrorism activities. ######
(ii)Measures necessary to ensure the protection of privacy and civil liberties in the carrying out of activities relating to countering domestic terrorism. #####
(B)Consultation In developing recommendations pursuant to subparagraph (A)(ii), the Director of the Federal Bureau of Investigation and the Secretary of Homeland Security, in consultation with the Director of National Intelligence, may seek the advice of the Privacy and Civil Liberties Oversight Board. ###
(c)Provision of Other Documents and Materials ####
(1)In general Together with the report under subsection (b)(1), the Director of the Federal Bureau of Investigation and the Secretary of Homeland Security, in consultation with the Director of National Intelligence in a manner consistent with the authorities and responsibilities of such Director, shall also submit to the appropriate congressional committees the following documents and materials in complete and unredacted form: #####
(A)With respect to the Federal Bureau of Investigation, at a minimum, the most recent, approved versions of— ######
(i)the Attorney General’s Guidelines for Domestic FBI Operations (or any successor); ######
(ii)the FBI Domestic Investigations and Operations Guide (or any successor); ######
(iii)the FBI Counterterrorism Policy Guide (or any successor); and ######
(iv)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. #####
(B)With respect to the intelligence community— ######
(i)a list of all intelligence products described in subsection (b)(4)(A)(ii)(VI); and ######
(ii)a means of accessing each such product. ####
(2)Nonduplication 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 the Federal Bureau of Investigation, the Secretary of Homeland Security, and the Director of National Intelligence may provide a list of such documents or materials in lieu of making the submission under paragraph
(1)for those documents or materials. ###
(d)Annual Updates During the 5-year period following the date of the submission of the reports under subsections
(b)and (c), the Director of the Federal Bureau of Investigation and the Secretary of Homeland Security, in consultation with the Director of National Intelligence in a manner consistent with the authorities and responsibilities of such Director, shall jointly submit to the appropriate congressional committees annual updates to the reports submitted under subsections (a), (b), and (c). ###
(e)Classification and Public Release The reports under subsections (a), (b), and
(d)shall be— ####
(1)unclassified, but may contain a classified annex; ####
(2)with respect to the unclassified portion of the report, made available on the public internet websites of the Federal Bureau of Investigation, the Department of Homeland Security, and the National Counterterrorism Center— #####
(A)not later than 30 days after submission to the appropriate congressional committees; and #####
(B)in an electronic format that is fully indexed and searchable; and ####
(3)with respect to a classified annex, submitted to the appropriate congressional committees in an electronic format that is fully indexed and searchable. ###
(f)Information Quality The reports under subsections (a), (b), and (d), 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). # TITLE LVII REPORTS AND OTHER MATTERS ## Subtitle A Reports and Briefings
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Sec. 5602
STRATEGIC INTELLIGENCE ASSESSMENT OF AND REPORTS ON DOMESTIC TERRORISM
Pub. L.Pub. L. 106-554
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