[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5094 Referred in Senate (RFS)]

<DOC>
115th CONGRESS
  2d Session
                                H. R. 5094


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 26, 2018

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT


 
  To direct the Secretary of Homeland Security to improve suspicious 
    activity reporting to prevent acts of terrorism, 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 ``Enhancing Suspicious Activity 
Reporting Initiative Act''.

SEC. 2. ENHANCING DEPARTMENT OF HOMELAND SECURITY SUSPICIOUS ACTIVITY 
              REPORTING OPERATIONS.

    (a) Strategy Required.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Homeland Security, in 
consultation with other appropriate Federal officials, shall develop a 
strategy to improve the operations and activities of the Department of 
Homeland Security related to training, outreach, and information 
sharing for suspicious activity reporting to prevent acts of terrorism.
    (b) Contents of Strategy.--The strategy required under subsection 
(a) shall include the following:
            (1) A description and examples of the types of information 
        that would meet the definition of critical information for the 
        purpose of suspicious activity reporting as well as 
        information, including information associated with racial, 
        religious or national origin, that would not meet the 
        definition of critical information.
            (2) Training for appropriate personnel of State and major 
        urban area fusion centers, emergency response providers, and, 
        as appropriate, the private sector on--
                    (A) methods for identifying, analyzing, and 
                disseminating critical information, including the 
                indicators of terrorism;
                    (B) methods to protect privacy and civil liberties, 
                including preventing racial, religious, or national 
                origin discrimination; and
                    (C) response protocols for submitting suspicious 
                activity reports.
            (3) Methods to improve outreach to appropriate State and 
        major urban area fusion centers, emergency response providers, 
        and the private sector related to suspicious activity reporting 
        to prevent acts of terrorism.
            (4) A plan to ensure that critical information is shared in 
        a timely manner with State and major urban area fusion centers, 
        emergency response providers, and the private sector, as 
        appropriate, including nationwide trend analysis and other 
        information related to terrorist threats.
            (5) Methods to measure the effectiveness of the activities 
        conducted under the strategy with respect to improving the 
        operations and activities of the Department related to 
        training, outreach, and information sharing to prevent acts of 
        terrorism that have been validated through peer-reviewed 
        empirical studies to the extent practicable.
    (c) Working Group Recommendations.--In developing the strategy 
required under subsection (a) the Secretary shall take into 
consideration the recommendations of the working group established 
under section 3.
    (d) Congressional Notification.--Not less than 30 days before the 
release of the strategy required pursuant to subsection (a), the 
Secretary shall provide to the Committee on Homeland Security of the 
House of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate a notification of the release of the 
strategy and a copy of the strategy. Such notification shall include 
the recommendations provided by the working group established under 
section 3 and how such recommendations were incorporated into the 
strategy.

SEC. 3. SUSPICIOUS ACTIVITY REPORTING WORKING GROUP.

    (a) Establishment.--
            (1) In general.--The Secretary of Homeland Security shall 
        establish a working group on suspicious activity reporting.
            (2) Department liaisons.--The Secretary shall appoint as 
        liaisons to the working group--
                    (A) the Chief Privacy Officer of the Department of 
                Homeland Security;
                    (B) the Officer for Civil Rights and Civil 
                Liberties of the Department; and
                    (C) such other officials of the Department as the 
                Secretary determines appropriate.
    (b) Responsibilities.--The working group established under 
subsection (a) shall carry out the following responsibilities:
            (1) Provide advice to the Secretary regarding improvements 
        to the operations and activities related to suspicious activity 
        reporting to prevent acts of terrorism.
            (2) At the request of the Secretary, for purposes of 
        section 2(c), develop recommendations to improve suspicious 
        activity reporting to prevent acts of terrorism with respect 
        to--
                    (A) outreach to relevant stakeholders;
                    (B) information sharing;
                    (C) protecting personally identifiable information;
                    (D) protecting the privacy, civil rights, and civil 
                liberties of individuals who report suspicious activity 
                and individuals who are the subjects of such reports;
                    (E) preventing racial, religious, or national 
                origin discrimination;
                    (F) training for emergency response providers and 
                the private sector; and
                    (G) other matters, as determined by the Secretary.
    (c) Working Group Membership.--Not later than 180 days after the 
date of the enactment of this Act, the Secretary shall seek the 
voluntary participation of not more than 20 individuals representing at 
least 12 diverse regions of the United States to serve as members of 
the working group. Members of the working group shall serve without 
pay. The Secretary shall seek to ensure that the working group includes 
members who are representatives from each of the following:
            (1) State and major urban area fusion centers.
            (2) State, local, tribal, and territorial law enforcement 
        agencies.
            (3) Firefighters.
            (4) Emergency medical services.
            (5) Private sector security professionals.
            (6) Nongovernmental privacy and civil liberty 
        organizations.
            (7) Any other group the Secretary determines appropriate.
    (d) Congressional Briefing.--Upon request, the Secretary shall 
provide to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate a briefing on the operations and activities of 
the Department of Homeland Security related to training, outreach, and 
information sharing for suspicious activity reporting to prevent acts 
of terrorism, including copies of materials developed under this 
section.
    (e) Termination.--The working group under this section shall 
terminate on the date that is 2 years after the date of the enactment 
of this Act, except that the Secretary may extend such working group if 
the Secretary determines necessary.
    (f) Nonapplicability of FACA.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the working group established under 
this section.

            Passed the House of Representatives June 25, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.