[House Report 114-481]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-481
======================================================================
COUNTERTERRORISM ADVISORY BOARD ACT OF 2016
_______
April 11, 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. 4407]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 4407) to amend the Homeland Security Act of 2002
to establish in the Department of Homeland Security a board to
coordinate and integrate departmental intelligence, activities,
and policy related to counterterrorism, and for other purposes,
having considered the same, report favorably thereon without
amendment and recommend that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Committee Consideration.......................................... 3
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.............................. 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
Purpose and Summary
The purpose of H.R. 4407 is to amend the Homeland Security
Act of 2002 to establish in the Department of Homeland Security
a board to coordinate and integrate departmental intelligence,
activities, and policy related to counterterrorism, 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 Congress
should authorize the DHS Counterterrorism Advisory Board
(CTAB)--an internal body charged with advising the Secretary of
Homeland Security on counterterrorism issues--and ensure it is
aligned with the current threat environment.
Established at the behest of the Secretary of Homeland
Security in 2010, the CTAB brings together top DHS officials to
share information and coordinate counterterrorism activities.
The CTAB has improved the Department's ability to respond to
terrorism threats and harmonize counterterrorism programs and
activities across DHS components. Given that the CTAB has never
been authorized in law, there is a risk that the board will be
dismantled and that the internal DHS gains achieved, with
respect to counterterrorism coordination, will be lost. The
Task Force concluded that authorization in law and updates to
the charter would keep the CTAB on a strong footing so it can
be utilized by future DHS Secretaries and component leaders.
H.R. 4407, the Counterterrorism Advisory Board Act of 2016,
not only preserves this critical body, by authorizing it in
law, but also ensures that changes in the threat environment,
including the surge in homegrown extremism and the threat from
foreign fighters, are considered by the CTAB.
Hearings
The Committee did not hold any hearings on H.R. 4408,
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.
4407, and ordered the measure to be reported to the House with
a favorable recommendation, without amendment, by voice vote.
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. 4407.
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.
4407, the Counterterrorism Advisory Board Act of 2016, 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, March 18, 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. 4407, the
Counterterrorism Advisory Board Act of 2016.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Robert A. Sunshine
(For Keith Hall).
Enclosure.
H.R. 4407--Counterterrorism Advisory Board Act of 2016
H.R. 4407 would establish a counterterrorism advisory board
in the Department of Homeland Security (DHS). The board would
consist of senior representatives of operational agencies
within DHS (such as Customs and Border Protection and the Coast
Guard) and offices in DHS headquarters, including the Office of
Intelligence and Analysis. The board would meet on a regular
basis to coordinate departmental activities to combat
terrorism.
DHS is currently carrying out activities similar to those
required by the bill, and CBO estimates that implementing H.R.
4407 would have no significant effect on DHS spending. 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. 4407 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
H.R. 4407 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on 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. 4407 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
The goal of H.R. 4407 is to authorize the Counterterrorism
Advisory Board within DHS, outline the structure and functions
of the board, including advising the DHS Secretary on the
issuance of terrorism alerts, and requires a report to Congress
on the status and activities of the board. This legislation
will ensure that the Department's central advisory body for
counterterrorism is constituted to confront today's threats and
that Congress is able to exercise effective oversight of its
operations. It also aims to ensure that the Secretary receives
timely advice from top leaders in the Department before issuing
terrorism alerts.
Duplicative Federal Programs
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 4407 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. 4407 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 4407 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
``Counterterrorism Advisory Board Act of 2016''.
Section 2. Department of Homeland Security Counterterrorism Advisory
Board
Subsection (a)--In general
This subsection inserts a new section 210G into the
Homeland Security Act of 2002 entitled ``Departmental
Coordination on Counterterrorism,'' establishing a board of
senior representatives of departmental operational components
and headquarters elements to coordinate and integrate
departmental intelligence, activities, and policy related to
the counterterrorism mission and functions of the Department.
It requires the board to update its charter, as appropriate,
every four years and to align it with the threat environment.
This subsection further delineates the membership of the board
and requires that Secretary to appoint a Coordinator for
Counterterrorism who will serve as chair of the board. It
requires the board to convene on a regular basis to discuss
intelligence and coordinate ongoing threat mitigation efforts
and departmental activities and to make recommendations to the
Secretary. Finally, this subsection directs the board to advise
the Secretary on the issuance of terrorism alerts.
Subsection (b)--Clerical amendment
This subsection makes a clerical amendment to the table of
contents.
Subsection (c)--Provision of software and Congressional
notification
This subsection requires the Secretary of Homeland
Security, acting through the Coordinator for Counterterrorism,
to submit a report to Congress on the status and activities of
the board, no later than 90 days after enactment.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italics and existing law in which no change is
proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeland
Security Act of 2002''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
* * * * * * *
TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
Subtitle A--Information and Analysis and Infrastructure Protection;
Access to Information
* * * * * * *
Sec. 210G. Departmental coordination on counterterrorism.
* * * * * * *
TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
Subtitle A--Information and Analysis and Infrastructure Protection;
Access to Information
* * * * * * *
SEC. 210G. DEPARTMENTAL COORDINATION ON COUNTERTERRORISM.
(a) Establishment.--There is in the Department a board to be
composed of senior representatives of departmental operational
components and headquarters elements. The purpose of the board
shall be to coordinate and integrate departmental intelligence,
activities, and policy related to the counterterrorism mission
and functions of the Department.
(b) Charter.--There shall be a charter to govern the
structure and mission of the board. Such charter shall direct
the board to focus on the current threat environment and the
importance of aligning departmental counterterrorism activities
under the Secretary's guidance. The charter shall be reviewed
and updated every four years, as appropriate.
(c) Members.--
(1) Chair.--The Secretary shall appoint a Coordinator
for Counterterrorism within the Department who will
serve as the chair of the board.
(2) Additional members.--The Secretary shall appoint
additional members of the board from among the
following:
(A) The Transportation Security
Administration.
(B) United States Customs and Border
Protection.
(C) United States Immigration and Customs
Enforcement.
(D) The Federal Emergency Management Agency.
(E) The Coast Guard.
(F) United States Citizenship and Immigration
Services.
(G) The United States Secret Service.
(H) The National Protection and Programs
Directorate.
(I) The Office of Operations Coordination.
(J) The Office of the General Counsel.
(K) The Office of Intelligence and Analysis.
(L) The Office of Policy.
(M) The Science and Technology Directorate.
(N) Other Departmental offices and programs
as determined appropriate by the Secretary.
(d) Meetings.--The board shall meet on a regular basis to
discuss intelligence and coordinate ongoing threat mitigation
efforts and departmental activities, including coordination
with other Federal, State, local, tribal, territorial, and
private sector partners, and shall make recommendations to the
Secretary.
(e) Terrorism Alerts.--The board shall advise the Secretary
on the issuance of terrorism alerts pursuant to section 203 of
this Act.
(f) Prohibition on Additional Funds.--No additional funds are
authorized to carry out this section. This section shall be
carried out using amounts otherwise appropriated or made
available to the Department.
* * * * * * *
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