[House Report 114-566]
[From the U.S. Government Publishing Office]


114th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                     {      114-566

======================================================================



 
DEPARTMENT OF HOMELAND SECURITY STRATEGY FOR INTERNATIONAL PROGRAMS ACT

                                _______
                                

  May 13, 2016.--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. 4780]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 4780) to require the Secretary of Homeland 
Security to develop a comprehensive strategy for Department of 
Homeland Security operations abroad, 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.........................................................     4
Committee Consideration..........................................     4
Committee Votes..................................................     4
Committee Oversight Findings.....................................     4
New Budget Authority, Entitlement Authority, and Tax Expenditures     4
Congressional Budget Office Estimate.............................     4
Statement of General Performance Goals and Objectives............     5
Duplicative Federal Programs.....................................     5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     6
Federal Mandates Statement.......................................     6
Preemption Clarification.........................................     6
Disclosure of Directed Rule Makings..............................     6
Advisory Committee Statement.....................................     6
Applicability to Legislative Branch..............................     6
Section-by-Section Analysis of the Legislation...................     6
Changes in Existing Law Made by the Bill, as Reported............     7

    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 ``Department of Homeland Security 
Strategy for International Programs Act''.

SEC. 2. COMPREHENSIVE STRATEGY FOR INTERNATIONAL PROGRAMS FOR VETTING 
                    AND SCREENING PERSONS SEEKING TO ENTER THE UNITED 
                    STATES.

  (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security 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 comprehensive three-year strategy for international programs 
of the Department of Homeland Security in which personnel and resources 
of the Department are deployed abroad for vetting and screening of 
persons seeking to enter the United States.
  (b) Contents.--The strategy required under subsection (a) shall 
include, at a minimum, the following:
          (1) Specific Department of Homeland Security risk-based goals 
        for international programs of the Department in which personnel 
        and resources of the Department are deployed abroad for vetting 
        and screening of persons seeking to enter the United States.
          (2) A risk-based method for determining whether to establish 
        new international programs in new locations, given resource 
        constraints, or expand existing international programs of the 
        Department, in which personnel and resources of the Department 
        are deployed abroad for vetting and screening of persons 
        seeking to enter the United States.
          (3) Alignment with the highest Department-wide and 
        Government-wide strategic priorities of resource allocations on 
        international programs of the Department in which personnel and 
        resources of the Department are deployed abroad for vetting and 
        screening of persons seeking to enter the United States.
          (4) A common reporting framework for the submission of 
        reliable, comparable cost data by components of the Department 
        on overseas expenditures attributable to international programs 
        of the Department in which personnel and resources of the 
        Department are deployed abroad for vetting and screening of 
        persons seeking to enter the United States.
  (c) Considerations.--In developing the strategy required under 
subsection (a), the Secretary of Homeland Security shall consider, at a 
minimum, the following:
          (1) Information on existing operations of international 
        programs of the Department of Homeland Security in which 
        personnel and resources of the Department are deployed abroad 
        for vetting and screening of persons seeking to enter the 
        United States that includes corresponding information for each 
        location in which each such program operates.
          (2) The number of Department personnel deployed to each 
        location at which an international program referred to in 
        subparagraph (A) is in operation during the current and 
        preceding fiscal year.
          (3) Analysis of the impact of each international program 
        referred to in paragraph (1) on domestic activities of 
        components of the Department of Homeland Security.
          (4) Analysis of barriers to the expansion of an international 
        program referred to in paragraph (1).
  (d) Form.--The strategy required under subsection (a) shall be 
submitted in unclassified form but may contain a classified annex if 
the Secretary of Homeland Security determines that such is appropriate.

                          Purpose and Summary

    H.R. 4780 requires the Secretary of Homeland Security to 
create a comprehensive three-year strategy for the Department 
of Homeland Security's (DHS) international programs related to 
vetting and screening persons seeking to enter the United 
States. H.R. 4780 would provide Congress with information on 
the current status of DHS's growing international presence and 
plans for future expansion that will enable appropriate 
oversight into these programs.

                  Background and Need for Legislation

    To counter terror groups such as al Qaeda, the Islamic 
State of Iraq and the Levant (ISIL), and other terrorists from 
traveling to the homeland, DHS has established several 
international programs designed to thoroughly vet and screen 
such individuals before travel to the United States. Through 
its international footprint, DHS personnel overseas effectively 
extend our nation's borders to increase the security of the 
United States. Three main programs used by DHS to enhance 
border security overseas are: Visa Security Program (VSP); 
Immigration Advisory Program (IAP); and Custom and Border 
Protection's (CBP) Preclearance operations.
    Through the VSP, Immigration and Customs Enforcement 
deploys specially trained agents to diplomatic posts worldwide 
to conduct additional visa security screening and quickly 
identify potential terrorists or criminal threats before they 
reach the United States. Agents provide an additional level of 
review for persons of special interest or concern, review visa 
applications, liaise with host country immigration and border 
security officials, and conduct investigations with a nexus to 
U.S. travel and security. The program has agents posted at 
consulates and embassies in 21 countries, with additional plans 
to expand to four more locations. The State Department has more 
than 250 consular posts abroad, and has identified many other 
high-risk locations that could benefit from the posting of 
these trained ICE agents.
    Under IAP, CBP officers are stationed overseas to work with 
border control authorities, foreign law enforcement agencies, 
and air carriers to identify and prevent potential terrorists 
and high-risk passengers from boarding aircraft destined to the 
United States. The primary mission of the IAP is to discreetly 
support host-country airline and security employees with 
document examination and traveler security assessments with 
review of traveler information during the processing of U.S. 
bound flights. Officers also provide no-board recommendations 
when individuals bound for the United States pose a security 
threat, or otherwise are ineligible to enter the country.
    CBP's Preclearance operations allow CBP officers to inspect 
and clear commercial passengers on foreign soil, prior to 
boarding an aircraft bound for the United States. Preclearance 
operations involve the same comprehensive inspection and 
examination of travelers and their belongings in foreign 
locations prior to boarding aircraft bound for the United 
States that they would receive at a U.S. airport of entry. 
Conducting immigration, agricultural and customs inspections 
before travel ensures that only cleared passengers will board 
flights to the homeland. Once cleared on foreign soil, 
passengers do not have to go through customs upon arrival to 
the United States, facilitating travel in the process.
    Although these programs provide national security and 
travel facilitation benefits, the growing DHS presence overseas 
would benefit from a long-term strategy that guides the 
Department in the deployment of officers and agents in a risk-
based manner to maximize the security benefit from limited 
taxpayer dollars.
    The comprehensive strategy required by this bill will help 
ensure that the Department is managing these programs 
effectively and that Congress has the appropriate insight 
necessary to conduct proper oversight.

                                Hearings

    No hearings were held on H.R. 4780 in the 114th Congress, 
however the Committee held the following oversight hearing.
    On June 2, 2015, the Subcommittee on Border and Maritime 
Security held a hearing entitled ``The Outer Ring of Border 
Security: DHS's International Security Programs.'' The 
Subcommittee received testimony from Hon. Alan D. Bersin, 
Assistant Secretary and Chief Diplomatic Officer, Office of 
Policy, U.S. Department of Homeland Security; Mr. John Wagner, 
Deputy Assistant Commissioner, Office of Field Operations, U.S. 
Customs and Border Protection, U.S. Department of Homeland 
Security; Mr. Lev J. Kubiak, Assistant Director, International 
Operations, Homeland Security Investigations, U.S. Immigration 
and Customs Enforcement, U.S. Department of Homeland Security; 
and Ms. Rebecca Gambler, Director, Homeland Security and 
Justice Issues, U.S. Government Accountability Office.

                        Committee Consideration

    The Committee met on March 23, 2016, to consider H.R. 4780, 
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. Thompson of Mississippi (#1); was 
AGREED TO by unanimous consent.

     In section 2(d), strike ``by'' and insert ``but''.

                            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. 4780.

                      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. 
4780, the Department of Homeland Security Strategy for 
International Programs 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, May 13, 2016.
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. 4780, the 
Department of Homeland Security Strategy for International 
Programs 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. 4780--Department of Homeland Security Strategy for International 
        Programs Act

    H.R. 4780 would require the Department of Homeland Security 
(DHS), within 180 days of the bill's enactment, to transmit to 
the Congress a comprehensive three-year strategy to enhance DHS 
programs that deploy personnel and resources abroad to screen 
persons seeking to enter the United States. Based on the costs 
of similar activities, CBO estimates that creating that 
strategy would cost less than $500,000; 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. 4780 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2027.
    H.R. 4780 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.
    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. 4780 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    The general performance goals and objectives of H.R. 4780 
are to require the Secretary of Homeland Security to create a 
comprehensive three-year strategy for the Department of 
Homeland Security's international programs that conduct vetting 
and screening operations.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 4780 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. 4780 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 4780 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 
``Department of Homeland Security Strategy for International 
Programs Act''.

Sec. 2.   Comprehensive strategy for international programs for vetting 
        and screening persons seeking to enter the United States

            (a) In General.--
    This subsection requires that the Secretary of Homeland 
Security, within 180 days of enactment of this Act, submit to 
Congress a comprehensive three-year strategy for the Department 
of Homeland Security's international programs related to 
vetting and screening persons seeking to enter the United 
States.
            (b) Contents.--
    This subsection requires that the strategy required in 
subsection (a) include, at a minimum: specific risk-based goals 
for these international programs, a risk-based method for 
determining whether to establish new international programs in 
new locations or expand existing locations for these 
international programs, alignment with Department-wide and 
Government-wide strategic priorities of resource allocations 
for these international programs, and a common reporting 
framework for the submission of reliable and comparable cost 
data on overseas expenditures attributable to these 
international programs. The Committee believes greater 
transparency of costs related to international programs will 
benefit the Committee's oversight of such activities.
            (c) Considerations.--
    This subsection requires the Secretary of Homeland 
Security, when developing the strategy required in subsection 
(a), to consider information on existing operations of the 
Department's international programs including corresponding 
information for each location, the number of DHS personnel 
deployed to each international location that is in operation 
during the current and preceding fiscal year, an analysis of 
the impact of each international program on domestic activities 
of components of the Department, and an analysis of barriers to 
the expansion of an international program. The Committee 
believes expansion of international programs, while useful for 
enhancing security and facilitating travel to the United 
States, should not come at the expense of resources dedicated 
to domestic operations.
            (d) Form.--
    This subsection requires that the strategy required under 
subsection (a) be submitted in unclassified form but provides 
the Secretary of Homeland Security the option of including a 
classified annex to the report if necessary.

         Changes in Existing Law Made by the Bill, as Reported

    As reported, H.R. 4780 makes no changes to existing law.

                                  [all]