[House Report 115-490]
[From the U.S. Government Publishing Office]



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115th Congress     }                               {          Report
                        HOUSE OF REPRESENTATIVES
 2d Session        }                               {          115-490
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             DHS OVERSEAS PERSONNEL ENHANCEMENT ACT OF 2017

                                _______
                                

January 9, 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. 4567]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 4567) to require a Department of Homeland 
Security overseas personnel enhancement plan, 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..................................................     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.......................................................     5
Federal Mandates Statement.......................................     5
Preemption Clarification.........................................     5
Disclosure of Directed Rule Makings..............................     5
Advisory Committee Statement.....................................     5
Section-by-Section Analysis of the Legislation...................     6
Changes in Existing Law Made by the Bill, as Reported............     6

    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 ``DHS Overseas Personnel Enhancement Act 
of 2017''.

SEC. 2. OVERSEAS PERSONNEL BRIEFING.

  (a) In General.--Not later than 90 days after submission of the 
comprehensive three-year strategy required under section 1910 of the 
National Defense Authorization Act for Fiscal Year 2017 (Public Law 
114-328) and every 180 days thereafter, the Secretary of Homeland 
Security shall brief the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate regarding Department of Homeland Security 
personnel with primary duties that take place outside of the United 
States.
  (b) Requirements.--The briefing required under subsection (a) shall 
include the following:
          (1) A detailed summary of each type of personnel position 
        with primary duties that take place outside of the United 
        States and how each such position contributes to the Department 
        of Homeland Security's counterterrorism mission.
          (2) Information related to how the geographic and regional 
        placement of such positions contributes to the Department's 
        counterterrorism mission.
          (3) Information related to the position-specific training 
        received by such personnel before and during placement at a 
        foreign location.
          (4) Challenges that may impede the communication of 
        counterterrorism information between Department personnel at 
        foreign locations and Department entities in the United States, 
        including technical, resource, and administrative challenges.
          (5) The status of efforts to implement the strategy referred 
        to in subsection (a).
          (6) The status of efforts (beginning with the second briefing 
        required under this section) to implement the enhancement plan 
        under section 3.

SEC. 3. OVERSEAS PERSONNEL ENHANCEMENT PLAN.

  (a) In General.--Not later than 90 days after the briefing required 
under section 2, the Secretary shall submit to the Committee on 
Homeland Security of the House and the Committee on Homeland Security 
and Governmental Affairs of the Senate a plan to enhance the 
effectiveness of Department of Homeland Security personnel at foreign 
locations.
  (b) Plan Requirements.--The plan referred to in subsection (a) shall 
include proposals to--
          (1) improve efforts of Department of Homeland Security 
        personnel at foreign locations, as necessary, for purposes of 
        providing foreign partner capacity development and furthering 
        the Department's counterterrorism mission;
          (2) as appropriate, redeploy Department personnel to respond 
        to changing threats to the United States;
          (3) enhance collaboration among Department personnel at 
        foreign locations, other Federal personnel at foreign 
        locations, and foreign partners;
          (4) improve the communication of counterterrorism information 
        between Department personnel at foreign locations and 
        Department entities in the United States, including to address 
        technical, resource, and administrative challenges; and
          (5) maintain practices to guard against counter-espionage 
        threats associated with Department personnel.

SEC. 4. TERMINATION.

  The briefing requirement under section 2 shall terminate on the date 
that is four years after the submission of the strategy referred to in 
such section.

                          Purpose and Summary

    This legislation seeks to build on existing requirements 
for an updated strategy for the Department of Homeland 
Security's (DHS) overseas footprint, while identifying barriers 
to information sharing and collaboration among DHS components 
and other partner entities on issues directly relating to the 
Department's counterterror mission. The bill also grants 
accountability and transparency to how DHS trains, deploys, and 
utilizes personnel at overseas locations.

                  Background and Need for Legislation

    The ability for DHS personnel to effectively collaborate, 
share information, and establish partnerships overseas plays a 
critical role in the Department's overall ability to achieve 
its counterterror mission and protect the Homeland. However, 
challenges remain with ensuring that personnel deployment is 
risk-based and sufficiently collaborative with other Federal 
partners.

                                Hearings

    114th Congress
    On December 8, 2015, the Subcommittee on Transportation 
Security held a hearing entitled ``Examining TSA's Global 
Efforts to Protect the Homeland from Aviation Threats and 
Enhance Security at Last Point of Departure Airports.'' The 
Subcommittee received testimony from Mr. Joseph P. Terrell, 
Deputy Assistant Administrator, Office of Global Strategies, 
Transportation Security Administration, U.S. Department of 
Homeland Security.
    On May 17, 2016, the Subcommittee on Transportation 
Security held a hearing entitled ``Flying Blind: What are the 
security risks of resuming U.S. Commercial Air Service to 
Cuba?'' The Subcommittee received testimony from Mr. Larry 
Mizell, TSA Representative, Transportation Security 
Administration, U.S. Department of Homeland Security; Mr. Paul 
Fujimura, Assistant Administrator, Office of Global Strategies, 
U.S. Department of Homeland Security; Mr. John Wagner, Deputy 
Executive Assistant Commissioner, Customs and Border 
Protection, U.S. Department of Homeland Security; Mr. Seth 
Stodder, Assistant Secretary of Homeland Security, Border, 
Immigration and Trade Policy, U.S. Department of Homeland 
Security; and Mr. Kurt Tong, Principal Deputy Assistant 
Secretary, Bureau of Economic and Business Affairs, U.S. 
Department of State.
    115th Congress
    On February 2, 2017, the Subcommittee on Transportation and 
Protective Security held a hearing entitled ``The Future of the 
Transportation Security Administration.'' The Subcommittee 
received testimony from Mr. Roger Dow, CEO, U.S. Travel 
Association; Ms. Nina E. Brooks, Head of Security, Airports 
Council International; and Mr. J. David Cox, National 
President, American Federation of Government Employees.
    On July 25, 2017, the Subcommittee on Transportation and 
Protective Security held a hearing entitled ``Securing Air 
Cargo: Industry Perspectives.'' The Subcommittee received 
testimony from Mr. Stephen A. Alterman, President, Cargo 
Airline Association; Mr. Brandon Fried, Executive Director, 
Airforwarders Association; Mr. Michael C. Mullen, Executive 
Director, Express Association of America; and Mr. Bart Elias, 
Specialist in Aviation Policy, Resources, Science and Industry 
Division, Congressional Research Service, Library of Congress.
    On September 26, 2017, the Subcommittee on Transportation 
and Protective Security held a hearing entitled ``Raising the 
Standard: DHS's Efforts to Improve Aviation Security Around the 
Globe.'' The Subcommittee received testimony from Mr. Craig 
Lynes, Director of Global Compliance, Office of Global 
Strategies, Transportation Security Administration, U.S. 
Department of Homeland Security; Mr. Todd C. Owen, Executive 
Assistant Commissioner, Office of Field Operations, Customs and 
Border Protection, U.S. Department of Homeland Security; and 
Ms. Jennifer Grover, Director, Homeland Security and Justice, 
U.S. Government Accountability Office.

                        Committee Consideration

    The Committee met on December 13, 2017, to consider H.R. 
4567, 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 amendments were offered:

 An amendment offered by Mr. Thompson of Mississippi (#1); was 
AGREED TO by voice vote.
     Page 2, line 1, insert ``and every 180 days thereafter'' after 
``(Public Law 114-328)''.
     Page 3, beginning line 1, insert the following:
     (5) The status of efforts to implement the strategy referred to in 
subsection (a).
     (6) The status of efforts (beginning with the second briefing 
required under this section) to implement the enhancement plan under 
section 3.
     Add at the end of the bill a new section entitled ``Sec. 4. 
Termination.''

 An amendment offered by Mr. Langevin, listed on the roster as 
by Ms. Jackson Lee (#2); was AGREED TO by voice vote.
     In section 3(b)(3), strike ``and'' after the semicolon at the end.
     In section 3(b)(4), strike the period at the end and insert ``; 
and''.
     In section 3(b), add at the end the following: (5) maintain 
practices to guard against counter-espionage threats associated with 
Department personnel.

                            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. 4567.

                      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. 
4567, the DHS Overseas Personnel Enhancement Act of 2017, would 
result in no new or increased budget authority, entitlement 
authority, or tax expenditures or revenues.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, a cost estimate provided by the 
Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974 was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

         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. 4567 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    The legislation requires the Secretary of Homeland Security 
to provide Congress with a briefing not later than 90 days 
after the submission of an updated 3-year strategy. Not later 
than 90 days after the briefing, the Secretary is required to 
submit a plan to Congress to enhance the effectiveness of 
Department personnel at foreign locations.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 4567 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

    An estimate of Federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                        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. 4567 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 4567 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.

             Section-by-Section Analysis of the Legislation


Section 1.   Short Title.

    This section provides that this bill may be cited as the 
``DHS Overseas Personnel Enhancement Act of 2017''.

Sec. 2.   Overseas Personnel Assessment.

    This section directs that not later than 90 days after the 
submission of the comprehensive 3-year strategy (required under 
Sec. 1910 of National Defense Authorization Act for 2017 (Pub. 
L. 114-328)) the Secretary of Homeland Security shall brief the 
relevant congressional committees regarding Department 
personnel whose primary job duties take place outside of the 
United States.
    This briefing is to include detailed reports on how these 
positions contribute to the Department's counter-terrorism 
mission; information related to how geographic placement of DHS 
personnel overseas contributes to the counter-terrorism 
mission; information related to position-specific training 
received by personnel before and during placement at a foreign 
location; as well as challenges that can impede the 
communication of personnel outside of the United States and 
personnel in the United States.

Sec. 3.   Overseas Personnel Enhancement Strategy.

    No longer than 90 days after the above briefing, the 
Secretary shall submit a plan to enhance the effectiveness of 
Department personnel at foreign locations.
    This plan shall include proposals to:
       Improve the efforts of foreign DHS employees, in order 
        to provide foreign partner capacity development and 
        further the Department's counter-terrorism mission;
       Redeploy personnel to better respond to evolving 
        threats to the US;
       Enhance collaboration among personnel at foreign 
        locations and other Federal personnel at foreign 
        locations; and
       Improve communication of counter-terrorism information 
        between overseas DHS personnel and DHS entities in the 
        United States.

Sec. 4.   Termination.

    The requirement under section 2 for the Secretary of 
Homeland Security to provide briefings to the House Committee 
on Homeland Security and the Senate Committee on Homeland 
Security and Governmental Affairs shall terminate after four 
years.

         Changes in Existing Law Made by the Bill, as Reported

    As reported, H.R. 4567 makes no changes to existing law.

                                  [all]