H. Rept. 115-610 - ENHANCING SUSPICIOUS ACTIVITY REPORTING INITIATIVE ACT115th Congress (2017-2018)
Committee Report
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115th Congress } { REPORT
HOUSE OF REPRESENTATIVES
2d Session } { 115-610
======================================================================
ENHANCING SUSPICIOUS ACTIVITY REPORTING INITIATIVE ACT
_______
March 19, 2018.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. McCaul, from the Committee on Homeland Security, submitted the
following
R E P O R T
[To accompany H.R. 5094]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 5094) to direct the Secretary of Homeland
Security to improve suspicious activity reporting to prevent
acts of terrorism, and for other purposes, having considered
the same, report favorably thereon with an amendment and
recommend that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 3
Background and Need for Legislation.............................. 3
Committee Consideration.......................................... 5
Committee Votes.................................................. 5
Committee Oversight Findings..................................... 5
New Budget Authority, Entitlement Authority, and Tax Expenditures 5
Congressional Budget Office Estimate............................. 6
Statement of General Performance Goals and Objectives............ 6
Duplicative Federal Programs..................................... 7
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 7
Federal Mandates Statement....................................... 7
Preemption Clarification......................................... 7
Disclosure of Directed Rule Makings.............................. 7
Advisory Committee Statement..................................... 7
Applicability to Legislative Branch.............................. 7
Section-by-Section Analysis of the Legislation................... 7
Changes in Existing Law Made by the Bill, as Reported............ 9
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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 one 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 two 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.
Purpose and Summary
H.R. 5094, the Enhancing Suspicious Activity Reporting
Initiative Act, directs the Secretary of Homeland Security to
develop a strategy for improving the Department of Homeland
Security operations and activities related to training,
outreach, and information sharing for suspicious activity
reporting to prevent acts of terrorism, as well as to establish
a suspicious activity reporting working group to develop
recommendations for improvement that will be utilized to
develop this strategy.
Background and Need for Legislation
The Committee on Homeland Security has conducted
significant oversight over the purpose and programs related to
suspicious activity reporting and efforts to engage state and
local agencies, as well as the private sector and individual
citizens, to be alert for possible indicators of terrorism and
other threats to public safety. The Committee Majority staff
has released multiple reports highlighting the importance of
suspicious activity reporting (SARs) and the See Something Say
Something campaign and held an oversight hearing in September
2017.
In 2015, the Committee on Homeland Security of the House of
Representatives released a follow-up Majority staff report
entitled ``Preventing Another Boston Marathon Bombing:
Reviewing the Lessons Learned from the 2013 Terror Attack.''
This report identified seven recommendations to help strengthen
the Federal Government's counterterrorism efforts.\1\ The sixth
recommendation emphasized that efforts to educate the public on
terrorist threats, efforts that include the Nationwide
Suspicious Activity Reporting (SAR) Initiative (NSI), need to
be refined and evaluated.\2\ As the report noted, the public
plays a crucial role in identifying and reporting potential
terrorist activity to law enforcement, and therefore law
enforcement must work with community groups and the public to
gain their trust. As articulated by current Boston Police
Commissioner William B. Evans in testimony provided before the
Committee on Homeland Security of the House of Representatives,
``only through continued and persistent engagement with our
community can police build trust, leading to increased
cooperation from the community.''\3\
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\1\Preventing Another Boston Marathon Bombing: Reviewing Lessons
Learned from the 2013 Terror Attack, The House Homeland Security
Committee, April 2015, at 13. https://homeland.house.gov/files/
documents/041415-Boston-Marathon-Bombing-Report.pdf
\2\Id at 13-16.
\3\United States House of Representatives Committee on Homeland
Security, Sixteen Years After 9/11: Assessing Suspicious Activity
Reporting Efforts, September 13, 2017, 115th Congress, testimony
provided by Boston Police Commissioner William B. Evans.
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In December 2016, the Committee released a Majority staff
report on the Department of Homeland Security Intelligence
Enterprise (DHS IE), which included a review of the
Department's role in the Nationwide SARS Initiative (NSI). The
report recommended that DHS advocate on behalf of fusion
centers to ensure they have direct access to federal databases
with SAR information.\4\
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\4\Reviewing the Department of Homeland Security's Intelligence
Enterprise, The House Homeland Security Committee, December 2016, at
45. https://homeland.house.gov/wp-content/uploads/2017/01/reviewing-
dhs-intelligence-enterprise-report.pdf
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Nearly a year later, the Committee released a Majority
staff report on the Department's support to the National
Network of Fusion Centers.\5\ Two of the 24 recommendations in
the report directly related to NSI and SARs. The Committee
recommended that conduct an assessment of NSI and provide
additional training and assistance to address program gaps.
Additionally, DHS and other agencies should implement
procedures to provide feedback to fusion centers on the
investigative value or SARs.\6\
---------------------------------------------------------------------------
\5\Advancing the Homeland Security Information Sharing Environment:
A Review of the National Network of Fusion Centers, House Homeland
Security Committee, November 2017. https://homeland.house.gov/wp-
content/uploads/2017/11/Committee-on-Homeland-Security-Fusion-Center-
Report.pdf
\6\Id at 6.
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Most recently, on September 13, 2017, the Subcommittee on
Counterterrorism and Intelligence held a hearing entitled,
``Sixteen Years After 9/11: Assessing Suspicious Activity
Reporting Efforts.'' The Committee Members received testimony
from DHS, which does not administer the nation-wide SAR
Initiative, but works as a partner with FBI, which is the lead
agency in charge, as well as State and local law enforcement on
the NSI process and value of promoting awareness on suspicious
activity. During the hearing, a representative from DHS
testified that since 2010, more than 100,000 SARs have been
submitted, of which 1,200 initiated a new FBI investigation or
enhanced an existing one.\7\ Additionally, over 1,000 SARs
during the same time period led to terrorism watchlist
enhancements.\8\ Witnesses also testified regarding how the
program has matured and initiatives for further development,
including greater private sector outreach.\9\
---------------------------------------------------------------------------
\7\Remarks of Mr. Robin Taylor, Acting Deputy Secretary for
Intelligence Operations in the Office of Intelligence and Analysis at
the Department of Homeland Security, during a Subcommittee on
Counterterrorism and Intelligence hearing, ``Sixteen Years After 9/11:
Assessing Suspicious Activity Reporting,'' September 13, 2017. https://
homeland.house.gov/hearing/sixteen-years-after-911-assessing-
suspicious-activity-reporting-efforts/
\8\Id.
\9\Id.
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H.R. 5094 adds new responsibilities to the Secretary of
Homeland Security to enable the Department to continue to
foster community participation and engagement by strengthening
existing training and outreach programs. Under this new
legislation, the Secretary is required to develop a strategy
designed to improve the operations and activities related to
suspicious activity reporting as they pertain to training,
outreach, and information sharing with key partners, including
appropriate law enforcement officers, the State and major urban
area fusion centers, emergency response providers, and the
private sector.
The bill also empowers the Secretary to establish a
stakeholder working group to develop recommendations to improve
SARs activities. The bill includes important privacy and civil
liberty safeguards. Additionally, the reporting requirement
ensures that the Secretary will provide this strategy and an
evaluation of its effectiveness, as well as a description of
the recommendations provided by the working group and how these
recommendations were incorporated into the strategy, with the
Congress.
Committee Consideration
The Committee met on March 7, 2018, to consider H.R. 5094,
and ordered the measure to be reported to the House with a
favorable recommendation, as amended, by unanimous consent. The
Committee took the following actions:
The following amendment was offered:
An amendment offered by Mr. King of New York (#1); was AGREED
TO by unanimous consent.
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. 5094.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of Rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
5094, the Enhancing Suspicious Activity Reporting Initiative
Act, would result in no new or increased budget authority,
entitlement authority, or tax expenditures or revenues.
Congressional Budget Office Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 14, 2018.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5094, the
Enhancing Suspicious Activity Reporting Initiative Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 5094--Enhancing Suspicious Activity Reporting Initiative Act
H.R. 5094 would require the Department of Homeland Security
(DHS) to develop a strategy to improve its handling of tips or
information relating to possible terrorist activity. The bill
also would direct DHS to form a working group (including
participants from nongovernmental entities) to further enhance
its response to such reports. Because the department is
currently carrying out activities similar to those required by
the bill, CBO estimates that implementing H.R. 5094 would not
have a significant effect on spending by DHS.
Enacting the bill would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 5094 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
H.R. 5094 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Mark Grabowicz.
The estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the
House of Representatives, H.R. 5094 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
The bill also establishes a working group to develop
recommendations for improvements to suspicious activity
reporting that will be used to develop such strategy.
Duplicative Federal Programs
Pursuant to clause 3(c) of Rule XIII, the Committee finds
that H.R. 5094 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
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(e), 9(f), or 9(g) of the Rule
XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Preemption Clarification
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring the report of any Committee on a bill or
joint resolution to include a statement on the extent to which
the bill or joint resolution is intended to preempt State,
local, or Tribal law, the Committee finds that H.R. 5094 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 5094 would require no
directed rule makings.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short Title.
This section provides that this bill may be cited as the
``Enhancing Suspicious Activity Reporting Initiative Act''.
Sec. 2. Enhancing Department of Homeland Security Suspicious Activity
Reporting Operations.
This section requires the Secretary of Homeland Security to
develop a strategy within one year to improve the operations
and activities related to training, outreach, and information
sharing for suspicious activity reporting to prevent acts of
terrorism. This strategy shall include plans for: (1) providing
training for State and major urban area fusion centers,
emergency response providers, and the private sector on
identifying, analyzing, and disseminating critical information,
including the indicators of terrorism, as well as training on
privacy and civil liberty protections; (2) conducting outreach
to appropriate State and major urban area fusion centers,
emergency response providers, and the private sector; (3)
ensuring 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; and (4) measuring the
effectiveness of the activities conducted under the strategy.
In developing this strategy, the Secretary shall take into
consideration the recommendations of the working group
established under Section 3 of this Act. Not later than one
year after the date of the enactment, the Secretary 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 this strategy.
The Committee acknowledges that while the Department does
not administer the National SARs Initiative, it is an important
facilitator for representatives of the Nation Network of Fusion
Centers and others to report suspicious activity to the FBI.
Importantly, the bill requires the Secretary to provide
guidance and examples on what types of information would be and
would not be considered critical information.
Sec. 3. Suspicious Activity Reporting Working Group.
This section requires the Secretary to establish a
suspicious activity reporting working group. This working group
will be responsible for providing advice to the Secretary
regarding the suspicious activity reporting operations and
developing recommendations for outreach, information sharing,
protecting personally identifiable information, protecting
privacy and civil rights, training for emergency response
providers and the private sector; and other matters, as
determined by the Secretary to improve suspicious activity
reporting to prevent acts of terrorism.
This section also requires the Secretary to appoint
liaisons from the Department to the Working Group, including
the Chief Privacy Officer, the Officer for Civil Rights and
Civil Liberties and other appropriate individuals.
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. The Secretary shall seek 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; and (6) Any other group
the Secretary determines appropriate. Upon request, the
Secretary shall provide a briefing to the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate on the
information and recommendations provided by the working group.
The working group shall terminate after two years unless the
Secretary extends the term. The Federal Advisory Committee Act
does not apply to the working group.
Changes in Existing Law Made by the Bill, as Reported
As reported, H.R. 5094 makes no changes to existing law.
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