[House Report 115-491]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-491
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COUNTERTERRORISM INFORMATION SHARING IMPROVEMENT 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. 4569]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 4569) to require counterterrorism information
sharing coordination, and for other purposes, having considered
the same, reports favorably thereon without amendment and
recommends 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
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. 4569 is to require counterterrorism
information sharing coordination. This bill directs the
President, acting through the Secretary of Homeland Security,
to ensure that the Department of Homeland Security (DHS) has
access to biographic and biometric data collected by the U.S.
Government on individuals associated with a terrorist
organization for counterterrorism purposes.
Background and Need for Legislation
The U.S. must prioritize any opportunity to identify bad
actors, including terrorists, outside the country and expand
our ability to identify and deter threats before they reach the
homeland. Unfortunately, information sharing challenges among
U.S. agencies can prevent valuable information from becoming
available for frontline screening and vetting in a timely
manner. Not only is this a bureaucratic challenge-given the
number of separate government agencies and components involved-
but legal, capacity, and technical issues exist as well.
One of the many challenges of facing a non-traditional
enemy such as ISIS is that multiple government entities
encounter fighters at different stages, making the
consolidation and sharing of critical information a difficult
task. For example, it is often Department of Defense (DOD)
personnel that encounter ISIS fighters on the battlefield,
which often leads to the collection of valuable data. However,
if these fighters or their associates move back to the West or
try to enter the U.S., DHS becomes the primary entity that will
engage them. Therefore, it is critical that the data recovered
by DOD in the battlefield is able to reach DHS personnel and
systems for effective frontline screening and vetting of known
or suspected terrorists. H.R. 4569 will ensure that DHS has
access to this and other critical data so that it can interdict
these individuals before they attempt to enter 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.
4569, 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. 4569.
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.
4569, the Counterterrorism Information Sharing Improvement 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. 4569 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
The goal of this legislation is to ensure that DHS has
access to critical biographic and biometric data collected by
other Federal departments and agencies so it can interdict
potential terrorists before they enter the homeland.
Duplicative Federal Programs
Pursuant to clause 3(c) of Rule XIII, the Committee finds
that H.R. 4569 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. 4569 does
not preempt any State, local, or Tribal law.
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 Information Sharing Improvement Act of
2017''.
Sec. 2. Counterterrorism Information Sharing Coordination.
This section directs the President, acting through the
Secretary of Homeland Security, to ensure that, for
counterterrorism purposes, DHS has access to biographic and
biometric data collected by the U.S. Government on individuals
associated with a terrorist organization. It also directs the
President to ensure that all relevant departments and agencies
coordinate with DHS to minimize any administrative, technical,
capacity, or classification challenges that may exist. Last,
the bill requires the Secretary to submit a report to Congress
on how the data is utilized by DHS for screening and vetting
purposes, as well as any challenges associated with
incorporating the data into DHS systems.
Changes in Existing Law Made by the Bill, as Reported
As reported, H.R. 4569 makes no changes to existing law.