[House Report 115-494]
[From the U.S. Government Publishing Office]
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.