[House Report 115-493]
[From the U.S. Government Publishing Office]
115th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 115-493
======================================================================
SCREENING AND VETTING PASSENGER EXCHANGE 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. 4581]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 4581) to require the Secretary of Homeland
Security to develop best practices for utilizing advanced
passenger information and passenger name record data for
counterterrorism screening and vetting operations, 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.................................................. 3
Committee Oversight Findings..................................... 3
New Budget Authority, Entitlement Authority, and Tax Expenditures 3
Congressional Budget Office Estimate............................. 3
Statement of General Performance Goals and Objectives............ 3
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.............................. 4
Advisory Committee Statement..................................... 4
Applicability to Legislative Branch.............................. 4
Section-by-Section Analysis of the Legislation................... 4
Changes in Existing Law Made by the Bill, as Reported............ 5
Purpose and Summary
The purpose of H.R. 4581 is to require the Secretary of
Homeland Security to develop best practices for utilizing
advanced passenger information (API) and passenger name record
(PNR) data for counterterrorism screening and vetting
operations. This bill directs the Secretary of Homeland
Security to develop best practices for utilizing API and PNR
data for counterterrorism screening and vetting purposes. It
also directs the Secretary to make the best practices available
to foreign partners and provide assistance to those countries
in implementing the best practices.
Background and Need for Legislation
API, or biographic information about a traveler, and PNR,
or data about a traveler's reservation and itinerary, are
valuable tools used for screening and vetting potential
criminals and terrorists. The Department of Homeland Security
(DHS), especially U.S. Customs and Border Protection (CBP) and
the Transportation Security Administration (TSA), utilize these
data sets to confirm the identities and travel patterns of
travelers before they are able to enter the U.S.
In April 2016, the European Union (EU) adopted a new
directive requiring its member States to utilize PNR data for
the prevention, detection, investigation, and prosecution of
terrorist offenses and serious crime. While this is a positive
step by our European allies, many EU countries lack the
knowledge, expertise, or capability to implement this directive
by the May 2018 deadline. Therefore, H.R. 4581 directs DHS to
leverage its expertise and experience utilizing API and PNR
data by developing best practices and making them available to
Visa Waiver Program (VWP) countries-many of which are in the
EU. This will not only strengthen the security and capabilities
of our foreign partners, but will also have a major impact on
the security of the homeland.
Hearings
The Committee did not hold any legislative hearings on H.R.
4564 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.
This legislation was also informed by a Task Force hearing
on July 13, 2017, entitled ``The Terrorist Diaspora: After the
Fall of the Caliphate.'' The Task Force received testimony
from: Mr. Thomas Joscelyn, Senior Fellow, Foundation for
Defense of Democracies; Mr. Robin Simcox, Margaret Thatcher
Fellow, The Heritage Foundation; and Dr. Colin P. Clarke,
Political Scientist, The RAND Corporation.
Committee Consideration
The Committee met on December 13, 2017, to consider H.R.
4581, and ordered the measure to be reported to the House with
a favorable recommendation, without amendment, by unanimous
consent.
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. 4581.
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.
4581, the Screening and Vetting Passenger Exchange 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. 4581 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
The goal of this legislation is to ensure that foreign
partners are able to leverage DHS's expertise and experience
using API and PNR data for screening and vetting purposes,
which will not only strengthen the security and capabilities of
those countries, but will also have a positive impact on the
security of the homeland.
Duplicative Federal Programs
Pursuant to clause 3(c) of Rule XIII, the Committee finds
that H.R. 4581 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. 4581 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 4581 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
``Screening and Vetting Passenger Exchange Act of 2017''.
Sec. 2. Passenger Screening Best Practices.
This section directs the Secretary of Homeland Security,
not later than 270 days after the date of enactment of the Act,
to develop best practices for utilizing advanced passenger
information and passenger name record data for counterterrorism
screening and vetting operations. It also directs the
Secretary, to the greatest extent practicable, to make the best
practices available to certain countries, including Visa Waiver
Program countries, and provide assistance to those countries in
implementing the best practices.
Changes in Existing Law Made by the Bill, as Reported
As reported, H.R. 4581 makes no changes to existing law.