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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]