[House Report 114-480]
[From the U.S. Government Publishing Office]
114th Congress } { Rept. 114-480
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
ENHANCING OVERSEAS TRAVELER VETTING ACT
_______
April 11, 2016.--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. 4403]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 4403) to authorize the development of open-
source software based on certain systems of the Department of
Homeland Security and the Department of State to facilitate the
vetting of travelers against terrorist watchlists and law
enforcement databases, enhance border management, and improve
targeting and analysis, 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.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Committee Consideration.......................................... 4
Committee Votes.................................................. 5
Committee Oversight Findings..................................... 5
New Budget Authority, Entitlement Authority, and Tax Expenditures 5
Congressional Budget Office Estimate............................. 5
Statement of General Performance Goals and Objectives............ 6
Duplicative Federal Programs..................................... 6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 6
Federal Mandates Statement....................................... 6
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............ 8
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 Overseas Traveler Vetting
Act''.
SEC. 2. OPEN-SOURCE SCREENING SOFTWARE.
(a) In General.--Subject to subsection (c), the Secretary of Homeland
Security and the Secretary of State--
(1) are authorized to develop open-source software, in
accordance with cybersecurity best practices, based on U.S.
Customs and Border Protection's global travel targeting and
analysis systems and the Department of State's watchlisting,
identification, and screening systems in order to facilitate
the vetting of travelers against terrorist watchlists and law
enforcement databases, enhance border management, and improve
targeting and analysis; and
(2) may make such software and any related technical
assistance or training available to foreign governments or
multilateral organizations for such purposes.
(b) Report to Congress.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Homeland Security and Secretary
of State shall submit to the appropriate congressional committees a
plan to implement subsection (a).
(c) Provision of Software and Congressional Notification.--Not later
than 15 days before the open-source software described in subsection
(a) is made available to foreign governments or multilateral
organizations pursuant to such subsection, the Secretary of Homeland
Security and Secretary of State, with the concurrence of the Director
of National Intelligence, shall--
(1) certify to the appropriate congressional committees that
such availability is in the national security interests of the
United States; and
(2) provide to such committees information on how such
software or any related technical assistance or training will
be made available.
(d) Rule of Construction.--The authority provided under this section
shall be exercised in accordance with applicable provisions of the Arms
Export Control Act (22 U.S.C. 2751 et seq.), the Export Administration
Regulations, or any other similar provision of law.
(e) Prohibition on Additional Funding.--No additional funds are
authorized to be appropriated to carry out this section. This section
shall be carried out using amounts otherwise appropriated or made
available to the Department of Homeland Security.
(f) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) in the House of Representatives--
(i) the Committee on Homeland Security; and
(ii) the Committee on Foreign Affairs; and
(B) in the Senate--
(i) the Committee on Homeland Security and
Governmental Affairs; and
(ii) the Committee on Foreign Relations.
(2) Export administration regulations.--The term ``Export
Administration Regulations'' means--
(A) the Export Administration Regulations as
maintained and amended under the authority of the
International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.) and codified in subchapter C of chapter
VII of title 15, Code of Federal Regulations; or
(B) any successor regulations.
Purpose and Summary
The purpose of H.R. 4403 is to authorize the development of
open-source software based on certain systems of the Department
of Homeland Security and the Department of State to facilitate
the vetting of travelers against terrorist watchlists and law
enforcement databases, enhance border management, and improve
targeting and analysis, and for other purposes.
Background and Need for Legislation
In September 2015, the final report of the Committee on
Homeland Security's Task Force on Combating Terrorist and
Foreign Fighter Travel was released. It included 32 findings
and more than 50 recommendations for enhancing U.S. security.
Among other conclusions, the Task Force found that many U.S.
allies are not conducting sufficient counterterrorism checks at
their borders and airports. Indeed, a number of countries have
failed to implement comprehensive watchlisting and screening
procedures or systems to identify individuals with suspicious
travel patterns and other warning signs. These tools are
critical tripwires needed to prevent the cross-border movement
of terrorists. If countries do not have such systems in place,
it increases the risks that terrorists or foreign fighters will
be able to transit their territory undetected--potentially
allowing them to get closer to the U.S. homeland.
In some cases, the United States shares its sophisticated
watchlisting and screening systems with trusted foreign
governments to help them fight terrorist travel. Two of the
primary systems include U.S. Customs and Border Protection's
(CBP) Automated Targeting System (ATS) and the State
Department's Personal Identification Secure Comparison and
Evaluation Tool (PISCES). Tailored versions of these systems
are provided to U.S. partners on a case-by-case basis to
improve their ability to detect terrorist movements and target
suspicious travelers.
However, the United States is unable to provide these
sensitive watchlisting and screening technologies to certain
governments that are in need of assistance. Many of these
countries are also unable to develop the technology on their
own, creating a serious hole in global counterterrorism
screening efforts. Accordingly, the Task Force recommended that
DHS and the State Department develop ``open-source'' versions
of their screening tools--ATS and PISCES--that are less
sensitive and have only a basic feature set. Countries that
receive such tools would then have baseline terrorist screening
systems that, over time, could be built upon and enhanced.
Hearings
The Committee did not hold any hearings on H.R. 4403,
however, the Committee held the following oversight hearings:
On February 11, 2015, the Committee held a hearing entitled
``Countering Violent Islamist Extremism: The Urgent Threat of
Foreign Fighters and Homegrown Terror.'' The Committee received
testimony from Hon. Francis X. Taylor, Under Secretary,
Intelligence and Analysis, U.S. Department of Homeland
Security; Hon. Nicholas J. Rasmussen, Director, National
Counterterrorism Center, Office of the Director of National
Intelligence; and Mr. Michael B. Steinbach, Assistant Director,
Counterterrorism Division, Federal Bureau of Investigation,
U.S. Department of Justice.
On March 24, 2015, the Committee held a hearing entitled
``A Global Battleground: The Fight Against Islamist Extremism
at Home and Abroad.'' The Committee received testimony from
Hon. Newt Gingrich, Former Speaker of the U.S. House of
Representatives; General Michael Hayden (USAF-Ret.), Former
Director, Central Intelligence Agency and Former Director,
National Security Agency; Mr. Philip Mudd, Senior Fellow, New
America Foundation; and Mr. Brian Michael Jenkins, Senior
Adviser to the RAND President, The RAND Corporation.
On June 3, 2015, the Committee held a hearing entitled
``Terrorism Gone Viral: The Attack in Garland, Texas and
Beyond.'' The Committee received testimony from Mr. John J.
Mulligan, Deputy Director, National Counterterrorism Center;
Hon. Francis X. Taylor, Under Secretary, Intelligence and
Analysis, U.S. Department of Homeland Security; and Mr. Michael
B. Steinbach, Assistant Director, Counterterrorism Division,
Federal Bureau of Investigation, U.S. Department of Justice.
On July 15, 2015, the Committee held a hearing entitled
``The Rise of Radicalization: Is the U.S. Government Failing to
Counter International and Domestic Terrorism?'' The Committee
received testimony from Ms. Farah Pandith, Adjunct Senior
Fellow, Council on Foreign Relations; Mr. Seamus Hughes, Deputy
Director, Program on Extremism, Center for Cyber and Homeland
Security, George Washington University; and Mr. J. Richard
Cohen, President, Southern Poverty Law Center.
On September 8, 2015, the Committee held a field hearing in
New York City, New York entitled ``Beyond Bin Laden's Caves and
Couriers to a New Generation of Terrorists: Confronting the
Challenges in a Post 9/11 World.'' The Committee received
testimony from Hon. Rudolph ``Rudy'' W. Giuliani, Former Mayor,
City of New York, New York; Mr. William J. Bratton,
Commissioner, Police Department, City of New York, New York;
Mr. Daniel A. Nigro, Commissioner, Fire Department, City of New
York, New York; Mr. Lee A. Ielpi, President, September 11th
Families Association; and Mr. Gregory A. Thomas, National
President, National Organization of Black Law Enforcement
Executives.
On October 21, 2015, the Committee held a hearing entitled
``Worldwide Threats and Homeland Security Challenges.'' The
Committee received testimony from Hon. Jeh C. Johnson,
Secretary, Department of Homeland Security; Hon. Nicholas J.
Rasmussen, Director, The National Counterterrorism Center,
Office of the Director of National Intelligence; and Hon. James
B. Comey, Director, Federal Bureau of Investigation, U.S.
Department of Justice.
On November 18, 2015, the Committee on Homeland Security
and the Committee on Foreign Affairs held a joint hearing
entitled ``The Rise of Radicalism: Growing Terrorist
Sanctuaries and the Threat to the U.S. Homeland.'' The
Committees received testimony from Hon. Matthew G. Olsen, Co-
Founder and President, Business Development and Strategy,
IronNet Cybersecurity; Gen. John M. Keane (Ret. U.S. Army),
Chairman of the Board, Institute for the Study of War; and Mr.
Peter Bergen, Vice President, Director International Security
and Fellows Programs, New America.
Committee Consideration
The Committee met on February 2, 2016, to consider H.R.
4403, and ordered the measure to be reported to the House with
a favorable recommendation, as amended, by voice vote.
The following amendments were offered:
An amendment by Ms. Jackson Lee (#1); was AGREED TO by voice
vote.
In paragraph (1) of section 2(a), insert ``, in accordance with
cybersecurity best practices,'' before ``based''.
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. 4403.
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.
4403, the Enhancing Overseas Traveler Vetting 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, April 8, 2016.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
U.S. House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4403, the
Enhancing Overseas Traveler Vetting 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.
Enclosure.
H.R. 4403--Enhancing Overseas Traveler Vetting Act
H.R. 4403 would authorize the Department of Homeland
Security (DHS) and the Department of State to develop open-
source software that would be designed to screen travelers by
checking law enforcement databases and terrorist watch lists.
The software would be shared with foreign governments and
multilateral organizations. The bill would require DHS and the
Department of State, within 60 days of enactment, to submit to
the Congress a plan to develop and share such software.
Based on information from DHS, CBO estimates that it would
cost about $2 million over the 2016-2017 period (mostly for
DHS) to develop and share software as required by H.R. 4403;
such spending would be subject to the availability of
appropriated funds. Because enacting the legislation would not
affect direct spending or revenues, pay-as-you-go procedures do
not apply.
CBO estimates that enacting H.R. 4403 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
H.R. 4403 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
On April 8, 2016, CBO transmitted a cost estimate for H.R.
4403, the Enhancing Overseas Traveler Vetting Act, as ordered
reported by the House Committee on Foreign Affairs on February
24, 2016. The legislative language is identical and CBO's
estimated costs are the same for both versions of the bill.
The CBO staff contacts for this estimate are Mark Grabowicz
(for DHS costs) and Sunita D'Monte (for costs to the Department
of State). 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. 4403 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
The goal of H.R. 4403 is to enable DHS and the State
Department to develop open-source versions of U.S. government
watchlisting and traveler screening systems for provision to
certain foreign governments--with the ultimate aim of helping
foreign partners disrupt terrorist travel. Presently, many
foreign governments lack the capability to do effective
counterterrorism screening of travelers, and as a result,
violent extremists are able to more easily evade detection.
While the United States provides its sensitive vetting tools to
select foreign partners, it cannot do so for all of them. H.R.
4403 permits DHS and the State Department to develop basic
screening systems that can be given to certain foreign partners
to strengthen global counterterrorism efforts.
Duplicative Federal Programs
Pursuant to clause 3(c) of Rule XIII, the Committee finds
that H.R. 4403 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. 4403 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 4403 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 Overseas Traveler Vetting Act''.
Sec. 2. Open-Source Screening Software.
Subsection (a)--In General.
This subsection authorizes the Secretary of Homeland
Security and the Secretary of State to develop open-source
software based on existing U.S. government systems or order to
facilitate the vetting of travelers against terrorist
watchlists and law enforcement databases, enhance border
management, and improve targeting and analysis. The subsection
also allows the Secretaries to make such software and any
related technical assistance available to foreign governments
or multilateral organizations.
Subsection (b)--Report to Congress.
This subsection requires the Secretary of Homeland Security
and Secretary of State to provide a report on implementing the
authorities in subsection (a) within 60 days of enactment.
Subsection (c)--Provision of Software and Congressional
Notification.
This subsection requires the Secretary of Homeland Security
and Secretary of State, in consultation with the Director of
National Intelligence, to provide certification to Congress--
before offering these screening systems to foreign entities--
that it is in the national security interests of the United
States to do so. The Secretaries are also required to notify
Congress regarding how the software and technical assistance
will be made available.
Subsection (d)--Rule of Construction.
This subsection requires the authority in this section to
be exercised in accordance with the Arms Export Control Act,
Export Administration Regulations, or other similar provision
of law.
Subsection (e)--Prohibition on Additional Funding
This subsection requires that the activities of this
section be carried out using existing funds and clarifies that
additional funds are not authorized for the purposes of this
act.
Subsection (f)--Definitions.
This section defines ``appropriate congressional
committees'' and ``export administration regulations.''
Changes in Existing Law Made by the Bill, as Reported
As reported, H.R. 4403 makes no changes to existing law.
[all]