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Union Calendar No. 466 

115TH CONGRESS 

2D SESSION H. R. 5094 

[Report No. 115–610] 

To direct the Secretary of Homeland Security to improve suspicious activity 

reporting to prevent acts of terrorism, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 26, 2018 

Mr. KING of New York (for himself, Mr. MCCAUL, Mr. GALLAGHER, Mr. 

FITZPATRICK, Mr. KATKO, and Mr. HIGGINS of Louisiana) introduced 

the following bill; which was referred to the Committee on Homeland Security 

MARCH 19, 2018 

Additional sponsor: Mr. BARLETTA

MARCH 19, 2018 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on February 26, 2018] 


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•HR 5094 RH

A BILL 

To direct the Secretary of Homeland Security to improve 

suspicious activity reporting to prevent acts of terrorism, 

and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Enhancing Suspicious 

5 Activity Reporting Initiative Act’’. 

6 SEC. 2. ENHANCING DEPARTMENT OF HOMELAND SECU7 RITY SUSPICIOUS ACTIVITY REPORTING OP8 ERATIONS. 

9 (a) STRATEGY REQUIRED.—Not later than one year 

10 after the date of the enactment of this Act, the Secretary 

11 of Homeland Security, in consultation with other appro12 priate Federal officials, shall develop a strategy to improve 

13 the operations and activities of the Department of Home14 land Security related to training, outreach, and informa15 tion sharing for suspicious activity reporting to prevent 

16 acts of terrorism. 

17 (b) CONTENTS OF STRATEGY.—The strategy required 

18 under subsection (a) shall include the following: 

19 (1) A description and examples of the types of 

20 information that would meet the definition of critical 

21 information for the purpose of suspicious activity re22 porting as well as information, including information 

23 associated with racial, religious or national origin, 

24 that would not meet the definition of critical informa25 tion. 


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1 (2) Training for appropriate personnel of State 

2 and major urban area fusion centers, emergency re3 sponse providers, and, as appropriate, the private sec4 tor on— 

5 (A) methods for identifying, analyzing, and 

6 disseminating critical information, including the 

7 indicators of terrorism; 

8 (B) methods to protect privacy and civil 

9 liberties, including preventing racial, religious, 

10 or national origin discrimination; and 

11 (C) response protocols for submitting sus12 picious activity reports. 

13 (3) Methods to improve outreach to appropriate 

14 State and major urban area fusion centers, emergency 

15 response providers, and the private sector related to 

16 suspicious activity reporting to prevent acts of ter17 rorism. 

18 (4) A plan to ensure that critical information is 

19 shared in a timely manner with State and major 

20 urban area fusion centers, emergency response pro21 viders, and the private sector, as appropriate, includ22 ing nationwide trend analysis and other information 

23 related to terrorist threats. 

24 (5) Methods to measure the effectiveness of the 

25 activities conducted under the strategy with respect to 


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1 improving the operations and activities of the Depart2 ment related to training, outreach, and information 

3 sharing to prevent acts of terrorism that have been 

4 validated through peer-reviewed empirical studies to 

5 the extent practicable. 

6 (c) WORKING GROUP RECOMMENDATIONS.—In devel7 oping the strategy required under subsection (a) the Sec8 retary shall take into consideration the recommendations 

9 of the working group established under section 3. 

10 (d) CONGRESSIONAL NOTIFICATION.—Not less than 30 

11 days before the release of the strategy required pursuant to 

12 subsection (a), the Secretary shall provide to the Committee 

13 on Homeland Security of the House of Representatives and 

14 the Committee on Homeland Security and Governmental 

15 Affairs of the Senate a notification of the release of the 

16 strategy and a copy of the strategy. Such notification shall 

17 include the recommendations provided by the working 

18 group established under section 3 and how such rec19 ommendations were incorporated into the strategy. 

20 SEC. 3. SUSPICIOUS ACTIVITY REPORTING WORKING 

21 GROUP. 

22 (a) ESTABLISHMENT.— 

23 (1) IN GENERAL.—The Secretary of Homeland 

24 Security shall establish a working group on sus25 picious activity reporting. 


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1 (2) DEPARTMENT LIAISONS.—The Secretary 

2 shall appoint as liaisons to the working group— 

3 (A) the Chief Privacy Officer of the Depart4 ment of Homeland Security; 

5 (B) the Officer for Civil Rights and Civil 

6 Liberties of the Department; and 

7 (C) such other officials of the Department as 

8 the Secretary determines appropriate. 

9 (b) RESPONSIBILITIES.—The working group estab10 lished under subsection (a) shall carry out the following re11 sponsibilities: 

12 (1) Provide advice to the Secretary regarding 

13 improvements to the operations and activities related 

14 to suspicious activity reporting to prevent acts of ter15 rorism. 

16 (2) At the request of the Secretary, for purposes 

17 of section 2(c), develop recommendations to improve 

18 suspicious activity reporting to prevent acts of ter19 rorism with respect to— 

20 (A) outreach to relevant stakeholders; 

21 (B) information sharing; 

22 (C) protecting personally identifiable infor23 mation; 

24 (D) protecting the privacy, civil rights, and 

25 civil liberties of individuals who report susVerDate Sep 11 2014 23:09 Mar 19, 2018 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H5094.RH H5094

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1 picious activity and individuals who are the 

2 subjects of such reports; 

3 (E) preventing racial, religious, or national 

4 origin discrimination; 

5 (F) training for emergency response pro6 viders and the private sector; and 

7 (G) other matters, as determined by the Sec8 retary. 

9 (c) WORKING GROUP MEMBERSHIP.—Not later than 

10 180 days after the date of the enactment of this Act, the 

11 Secretary shall seek the voluntary participation of not more 

12 than 20 individuals representing at least 12 diverse regions 

13 of the United States to serve as members of the working 

14 group. Members of the working group shall serve without 

15 pay. The Secretary shall seek to ensure that the working 

16 group includes members who are representatives from each 

17 of the following: 

18 (1) State and major urban area fusion centers. 

19 (2) State, local, tribal and territorial law en20 forcement agencies. 

21 (3) Firefighters. 

22 (4) Emergency medical services. 

23 (5) Private sector security professionals. 

24 (6) Nongovernmental privacy and civil liberty 

25 organizations. 


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1 (7) Any other group the Secretary determines 

2 appropriate. 

3 (d) CONGRESSIONAL BRIEFING.—Upon request, the 

4 Secretary shall provide to the Committee on Homeland Se5 curity of the House of Representatives and the Committee 

6 on Homeland Security and Governmental Affairs of the 

7 Senate a briefing on the operations and activities of the 

8 Department of Homeland Security related to training, out9 reach, and information sharing for suspicious activity re10 porting to prevent acts of terrorism, including copies of ma11 terials developed under this section. 

12 (e) TERMINATION.—The working group under this sec13 tion shall terminate on the date that is two years after the 

14 date of the enactment of this Act, except that the Secretary 

15 may extend such working group if the Secretary determines 

16 necessary. 

17 (f) NONAPPLICABILITY OF FACA.—The Federal Advi18 sory Committee Act (5 U.S.C. App.) shall not apply to the 

19 working group established under this section. 


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Union Calendar No. 466 

115TH CONGRESS 

2D SESSION H. R. 5094 

[Report No. 115–610] 

A BILL 

To direct the Secretary of Homeland Security to 

acts of terrorism, and for other purposes. improve suspicious activity reporting to prevent 

MARCH 19, 2018 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


sradovich on DSK3GMQ082PROD with BILLS