[House Report 114-566]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-566
======================================================================
DEPARTMENT OF HOMELAND SECURITY STRATEGY FOR INTERNATIONAL PROGRAMS ACT
_______
May 13, 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. 4780]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 4780) to require the Secretary of Homeland
Security to develop a comprehensive strategy for Department of
Homeland Security operations abroad, 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......................................................... 4
Committee Consideration.......................................... 4
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....................................................... 6
Federal Mandates Statement....................................... 6
Preemption Clarification......................................... 6
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
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 ``Department of Homeland Security
Strategy for International Programs Act''.
SEC. 2. COMPREHENSIVE STRATEGY FOR INTERNATIONAL PROGRAMS FOR VETTING
AND SCREENING PERSONS SEEKING TO ENTER THE UNITED
STATES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall submit
to the Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs of the
Senate a comprehensive three-year strategy for international programs
of the Department of Homeland Security in which personnel and resources
of the Department are deployed abroad for vetting and screening of
persons seeking to enter the United States.
(b) Contents.--The strategy required under subsection (a) shall
include, at a minimum, the following:
(1) Specific Department of Homeland Security risk-based goals
for international programs of the Department in which personnel
and resources of the Department are deployed abroad for vetting
and screening of persons seeking to enter the United States.
(2) A risk-based method for determining whether to establish
new international programs in new locations, given resource
constraints, or expand existing international programs of the
Department, in which personnel and resources of the Department
are deployed abroad for vetting and screening of persons
seeking to enter the United States.
(3) Alignment with the highest Department-wide and
Government-wide strategic priorities of resource allocations on
international programs of the Department in which personnel and
resources of the Department are deployed abroad for vetting and
screening of persons seeking to enter the United States.
(4) A common reporting framework for the submission of
reliable, comparable cost data by components of the Department
on overseas expenditures attributable to international programs
of the Department in which personnel and resources of the
Department are deployed abroad for vetting and screening of
persons seeking to enter the United States.
(c) Considerations.--In developing the strategy required under
subsection (a), the Secretary of Homeland Security shall consider, at a
minimum, the following:
(1) Information on existing operations of international
programs of the Department of Homeland Security in which
personnel and resources of the Department are deployed abroad
for vetting and screening of persons seeking to enter the
United States that includes corresponding information for each
location in which each such program operates.
(2) The number of Department personnel deployed to each
location at which an international program referred to in
subparagraph (A) is in operation during the current and
preceding fiscal year.
(3) Analysis of the impact of each international program
referred to in paragraph (1) on domestic activities of
components of the Department of Homeland Security.
(4) Analysis of barriers to the expansion of an international
program referred to in paragraph (1).
(d) Form.--The strategy required under subsection (a) shall be
submitted in unclassified form but may contain a classified annex if
the Secretary of Homeland Security determines that such is appropriate.
Purpose and Summary
H.R. 4780 requires the Secretary of Homeland Security to
create a comprehensive three-year strategy for the Department
of Homeland Security's (DHS) international programs related to
vetting and screening persons seeking to enter the United
States. H.R. 4780 would provide Congress with information on
the current status of DHS's growing international presence and
plans for future expansion that will enable appropriate
oversight into these programs.
Background and Need for Legislation
To counter terror groups such as al Qaeda, the Islamic
State of Iraq and the Levant (ISIL), and other terrorists from
traveling to the homeland, DHS has established several
international programs designed to thoroughly vet and screen
such individuals before travel to the United States. Through
its international footprint, DHS personnel overseas effectively
extend our nation's borders to increase the security of the
United States. Three main programs used by DHS to enhance
border security overseas are: Visa Security Program (VSP);
Immigration Advisory Program (IAP); and Custom and Border
Protection's (CBP) Preclearance operations.
Through the VSP, Immigration and Customs Enforcement
deploys specially trained agents to diplomatic posts worldwide
to conduct additional visa security screening and quickly
identify potential terrorists or criminal threats before they
reach the United States. Agents provide an additional level of
review for persons of special interest or concern, review visa
applications, liaise with host country immigration and border
security officials, and conduct investigations with a nexus to
U.S. travel and security. The program has agents posted at
consulates and embassies in 21 countries, with additional plans
to expand to four more locations. The State Department has more
than 250 consular posts abroad, and has identified many other
high-risk locations that could benefit from the posting of
these trained ICE agents.
Under IAP, CBP officers are stationed overseas to work with
border control authorities, foreign law enforcement agencies,
and air carriers to identify and prevent potential terrorists
and high-risk passengers from boarding aircraft destined to the
United States. The primary mission of the IAP is to discreetly
support host-country airline and security employees with
document examination and traveler security assessments with
review of traveler information during the processing of U.S.
bound flights. Officers also provide no-board recommendations
when individuals bound for the United States pose a security
threat, or otherwise are ineligible to enter the country.
CBP's Preclearance operations allow CBP officers to inspect
and clear commercial passengers on foreign soil, prior to
boarding an aircraft bound for the United States. Preclearance
operations involve the same comprehensive inspection and
examination of travelers and their belongings in foreign
locations prior to boarding aircraft bound for the United
States that they would receive at a U.S. airport of entry.
Conducting immigration, agricultural and customs inspections
before travel ensures that only cleared passengers will board
flights to the homeland. Once cleared on foreign soil,
passengers do not have to go through customs upon arrival to
the United States, facilitating travel in the process.
Although these programs provide national security and
travel facilitation benefits, the growing DHS presence overseas
would benefit from a long-term strategy that guides the
Department in the deployment of officers and agents in a risk-
based manner to maximize the security benefit from limited
taxpayer dollars.
The comprehensive strategy required by this bill will help
ensure that the Department is managing these programs
effectively and that Congress has the appropriate insight
necessary to conduct proper oversight.
Hearings
No hearings were held on H.R. 4780 in the 114th Congress,
however the Committee held the following oversight hearing.
On June 2, 2015, the Subcommittee on Border and Maritime
Security held a hearing entitled ``The Outer Ring of Border
Security: DHS's International Security Programs.'' The
Subcommittee received testimony from Hon. Alan D. Bersin,
Assistant Secretary and Chief Diplomatic Officer, Office of
Policy, U.S. Department of Homeland Security; Mr. John Wagner,
Deputy Assistant Commissioner, Office of Field Operations, U.S.
Customs and Border Protection, U.S. Department of Homeland
Security; Mr. Lev J. Kubiak, Assistant Director, International
Operations, Homeland Security Investigations, U.S. Immigration
and Customs Enforcement, U.S. Department of Homeland Security;
and Ms. Rebecca Gambler, Director, Homeland Security and
Justice Issues, U.S. Government Accountability Office.
Committee Consideration
The Committee met on March 23, 2016, to consider H.R. 4780,
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 Mr. Thompson of Mississippi (#1); was
AGREED TO by unanimous consent.
In section 2(d), strike ``by'' and insert ``but''.
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. 4780.
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.
4780, the Department of Homeland Security Strategy for
International Programs Act, 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, May 13, 2016.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC,
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4780, the
Department of Homeland Security Strategy for International
Programs Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Keith Hall.
Enclosure.
H.R. 4780--Department of Homeland Security Strategy for International
Programs Act
H.R. 4780 would require the Department of Homeland Security
(DHS), within 180 days of the bill's enactment, to transmit to
the Congress a comprehensive three-year strategy to enhance DHS
programs that deploy personnel and resources abroad to screen
persons seeking to enter the United States. Based on the costs
of similar activities, CBO estimates that creating that
strategy would cost less than $500,000; such spending would be
subject to the availability of appropriated funds. 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. 4780 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
H.R. 4780 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of 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. 4780 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
The general performance goals and objectives of H.R. 4780
are to require the Secretary of Homeland Security to create a
comprehensive three-year strategy for the Department of
Homeland Security's international programs that conduct vetting
and screening operations.
Duplicative Federal Programs
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 4780 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. 4780 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 4780 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
``Department of Homeland Security Strategy for International
Programs Act''.
Sec. 2. Comprehensive strategy for international programs for vetting
and screening persons seeking to enter the United States
(a) In General.--
This subsection requires that the Secretary of Homeland
Security, within 180 days of enactment of this Act, submit to
Congress a comprehensive three-year strategy for the Department
of Homeland Security's international programs related to
vetting and screening persons seeking to enter the United
States.
(b) Contents.--
This subsection requires that the strategy required in
subsection (a) include, at a minimum: specific risk-based goals
for these international programs, a risk-based method for
determining whether to establish new international programs in
new locations or expand existing locations for these
international programs, alignment with Department-wide and
Government-wide strategic priorities of resource allocations
for these international programs, and a common reporting
framework for the submission of reliable and comparable cost
data on overseas expenditures attributable to these
international programs. The Committee believes greater
transparency of costs related to international programs will
benefit the Committee's oversight of such activities.
(c) Considerations.--
This subsection requires the Secretary of Homeland
Security, when developing the strategy required in subsection
(a), to consider information on existing operations of the
Department's international programs including corresponding
information for each location, the number of DHS personnel
deployed to each international location that is in operation
during the current and preceding fiscal year, an analysis of
the impact of each international program on domestic activities
of components of the Department, and an analysis of barriers to
the expansion of an international program. The Committee
believes expansion of international programs, while useful for
enhancing security and facilitating travel to the United
States, should not come at the expense of resources dedicated
to domestic operations.
(d) Form.--
This subsection requires that the strategy required under
subsection (a) be submitted in unclassified form but provides
the Secretary of Homeland Security the option of including a
classified annex to the report if necessary.
Changes in Existing Law Made by the Bill, as Reported
As reported, H.R. 4780 makes no changes to existing law.
[all]