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115th Congress }                                      { Rept. 115-494
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                      {    Part 1

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

 
          TERRORIST SCREENING AND TARGETING REVIEW ACT OF 2017

                                _______
                                

                January 9, 2018.--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. 4553]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 4553) to require a review of the authorization, 
funding, management, and operation of the National Targeting 
Center and the Terrorist Screening Center, 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..........................................     3
Committee Votes..................................................     3
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............     4
Duplicative Federal Programs.....................................     4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     4
Federal Mandates Statement.......................................     4
Preemption Clarification.........................................     4
Disclosure of Directed Rule Makings..............................     5
Advisory Committee Statement.....................................     5
Applicability to Legislative Branch..............................     5
Section-by-Section Analysis of the Legislation...................     5
Changes in Existing Law Made by the Bill, as Reported............     5

    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 ``Terrorist Screening and Targeting 
Review Act of 2017''.

SEC. 2. GAO REVIEW OF THE NATIONAL TARGETING CENTER AND THE TERRORIST 
                    SCREENING CENTER.

  Not later than one year after the date of the enactment of this Act, 
the Comptroller General of the United States shall submit to the 
Committee on Homeland Security and the Committee on the Judiciary of 
the House of Representatives and the Committee on Homeland Security and 
Governmental Affairs and the Committee on the Judiciary of the Senate a 
review of the authorization, funding, management, and operation of the 
National Targeting Center (NTC) established under section 411(g)(4) of 
the Homeland Security Act of 2002 (6 USC 211(g)(4)) and the Terrorist 
Screening Center (TSC) established under Homeland Security President 
Directive 6. Such review shall include the following:
          (1) An identification of any weaknesses or gaps in 
        coordination between the NTC and TSC.
          (2) An identification of any unnecessarily duplicative or 
        overlapping efforts between the NTC and TSC.
          (3) Recommendations on how the NTC and TSC may better support 
        and complement one another.
          (4) A cost-benefit analysis of congressional authorization of 
        the TSC.
          (5) An assessment of the protocols within the NTC and TSC 
        regarding how to receive and utilize information provided by 
        Federal departments and agencies.

                          Purpose and Summary

    The purpose of H.R. 4553 is to require a review of the 
authorization, funding, management, and operation of the 
National Targeting Center (NTC) and the Terrorist Screening 
Center (TSC). This bill requires the Government Accountability 
Office (GAO) to conduct and submit to Congress a review of the 
authorization, funding, management, and operation of the NTC 
and the TSC. The review must include any weaknesses or gaps in 
coordination between the Centers, any unnecessarily duplicative 
or overlapping efforts between the Centers, recommendations on 
how they may better support and complement one another, a cost-
benefit analysis of congressional authorization of the TSC, and 
an assessment of the protocols within the Centers on how they 
receive and utilize information provided by Federal departments 
and agencies.

                  Background and Need for Legislation

    The TSC is a multi-agency body administered by the 
Department of Justice (DOJ) and is responsible for maintaining 
the Terrorist Screening Data base (TSDB). The TSC facilitates 
information sharing and coordination among law enforcement, the 
intelligence community, and international agencies by offering 
one central point where all known terrorist-related information 
can be reviewed against the information of an encountered 
individual. However, the TSC lacks permanent statutory 
authorization; and DOJ, which currently administers the TSC 
through the Federal Bureau of Investigation (FBI), has an 
institutional focus on criminal and national security 
investigations rather than border security, screening, and 
vetting.
    U.S. Customs and Border Protection (CBP) operates the NTC, 
a critical resource for screening and vetting individuals 
seeking to enter the country. The Department of Homeland 
Security (DHS) is also the largest consumer of TSDB 
information, which CBP uses (via the NTC) to vet over a million 
travelers every day and the Transportation Security 
Administration (TSA) uses to screen aircraft passengers as well 
as transportation and other sensitive access workers. Given 
these similar but critical missions and functions, ensuring 
appropriate coordination among the TSC, the NTC, and the 
relevant agencies is imperative.
    The GAO review required under H.R. 4553 will enable 
Congress to better assess the status and relationship of the 
Centers and facilitate any necessary improvements in resources, 
efficiency, and management to improve the U.S.'s screening and 
vetting apparatus.

                                Hearings

    The Committee did not hold any legislative hearings on H.R. 
4553 in the 115th Congress. However, this legislation was 
informed by a Task Force on Denying Terrorists Entry into the 
United States hearing on May 3, 2017, entitled ``Denying 
Terrorists Entry to the United States: Examining Visa 
Security.'' The Task Force received testimony from Mr. Edward 
Ramotowski, Deputy Assistant Secretary, Office of Visa 
Services, Department of State; Mr. John Wagner, Deputy 
Executive Assistant Commissioner, Office of Field Operations, 
U.S. Customs and Border Protection, Department of Homeland 
Security; Mr. Michael Dougherty, Acting Assistant Secretary for 
Border, Immigration, and Trade, Office of Strategy, Policy, and 
Plans, Department of Homeland Security; Mr. Clark Settles, 
Assistant Director, National Security Investigations, U.S. 
Immigration and Customs Enforcement, Department of Homeland 
Security; and Ms. Rebecca Gambler, Director, Homeland Security 
and Justice, Government Accountability Office.

                        Committee Consideration

    The Committee met on December 13, 2017, to consider H.R. 
4553, 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 Ms. Jackson Lee (#1); was AGREED TO by 
unanimous consent.

     In section 2, add at the end the following: (5) An assessment of 
the protocols within the NTC and TSC regarding how to receive and 
utilize information provided by Federal departments and agencies.

                            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. 4553.

                      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. 
4553, the Terrorist Screening and Targeting Review 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. 4553 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
     The goal of this legislation is to ensure that Congress 
and the Executive will be able to identify and address any 
necessary reforms and improvements to the TSC and NTC in order 
to enhance the U.S. screening and vetting system.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of Rule XIII, the Committee finds 
that H.R. 4553 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. 4553 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 4553 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 
``Terrorist Screening and Targeting Review Act of 2017''.

Sec. 2.   GAO Review of the National Targeting Center and the Terrorist 
        Screening Center.

    This section requires the Comptroller General, not later 
than 1 year after the date of enactment of the Act, to submit 
to Congress a review of the authorization, funding, management, 
and operation of the National Targeting Center and the 
Terrorist Screening Center. The review must include any 
weaknesses or gaps in coordination between the Centers, any 
unnecessarily duplicative or overlapping efforts between the 
Centers, recommendations on how they may better support and 
complement one another, a cost-benefit analysis of 
congressional authorization of the TSC, and an assessment of 
the protocols within the Centers on how they receive and 
utilize information provided by Federal departments and 
agencies.

         Changes in Existing Law Made by the Bill, as Reported

    As reported, H.R. 4553 makes no changes to existing law.