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[House Report 115-499]
[From the U.S. Government Publishing Office]

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115th Congress    }                                 {         Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                 {         115-499
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        DHS INTERAGENCY COUNTERTERRORISM TASK FORCE 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. 4555]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 4555) to authorize the participation in overseas 
interagency counterterrorism task forces of personnel of the 
Department of Homeland Security, 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.....................................     3
New Budget Authority, Entitlement Authority, and Tax Expenditures     3
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 ``DHS Interagency Counterterrorism Task 
Force Act of 2017''.

SEC. 2. OVERSEAS INTERAGENCY COUNTERTERRORISM TASK FORCE PARTICIPATION.

  Section 102 of the Homeland Security Act of 2002 (6 U.S.C. 112) is 
amended by adding at the end the following new subsection:
  ``(h) Coordination With Other Federal Departments and Agencies 
Overseas.--
          ``(1) In general.--The Secretary is authorized to assign 
        Department personnel to participate in overseas interagency 
        counterterrorism task forces to--
                  ``(A) facilitate the sharing of counterterrorism 
                information, and
                  ``(B) combat the threat of terrorism and associated 
                risks to the United States stemming from overseas 
                sources of conflict or terrorism,
        as determined by the Secretary.
          ``(2) Personnel.--In carrying out this subsection, the 
        Secretary may assign personnel from any component of the 
        Department the Secretary determines necessary to participate in 
        the overseas counterterrorism task forces referred to in 
        paragraph (1).''.

SEC. 3. ANNUAL REPORTS.

  Not later than 18 months after the date of the enactment of this Act 
and annually thereafter for three years, the Secretary of Homeland 
Security shall report to the Committee on Homeland Security, the 
Committee on Foreign Affairs, the Permanent Select Committee on 
Intelligence, and the Committee on Armed Services of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs, the Committee on Foreign Relations, Select Committee on 
Intelligence, and the Committee on Armed Services of the Senate on 
activities carried out pursuant to subsection (h) of section 102 of the 
Homeland Security Act of 2002 (6 U.S.C. 112), as added by section 2 of 
this Act.

                          Purpose and Summary

    The purpose of H.R. 4555 is to authorize the participation 
in overseas interagency counterterrorism task forces of 
personnel of the Department of Homeland Security (DHS). This 
bill grants additional authorities to the Secretary of Homeland 
Security to coordinate with other Federal departments and 
agencies overseas by assigning DHS personnel to participate in 
overseas interagency counterterrorism task forces in order to 
facilitate counterterrorism information sharing and combat the 
threat of terrorism to the United States.

                  Background and Need for Legislation

    As terrorists and foreign fighters in Iraq and Syria seek 
to return home or travel to other regions in the wake of the 
defeat of ISIS on the battlefield, cooperation among U.S. 
military, national security, and law enforcement agencies is 
vital. As fighters move from the Middle East to the West, or to 
other regions, information collection and tracking becomes 
extremely difficult, especially for ensuring that relevant 
agencies have access to the same critical information. An 
enhanced, whole-of-government effort to share information and 
intelligence related to these fighters and their movements will 
improve security of the homeland.
    In order to achieve this, H.R. 4555 authorizes the 
Secretary to assign DHS personnel to overseas interagency 
counterterrorism task forces to facilitate counterterrorism 
information sharing and combat the threat of terrorism stemming 
from overseas sources of conflict or terrorism. This will 
enable DHS to build on existing initiatives to co-locate DHS 
personnel with other Federal departments and agencies that play 
a crucial role in the fight against terrorism. For example, 
assigning DHS personnel to Department of Defense (DOD) 
locations will facilitate better collection and sharing of 
information recovered from conflict zones, which will 
significantly improve our ability to interdict terrorists 
before they seek to enter the country.

                                Hearings

    The Committee did not hold any legislative hearings on H.R. 
4555 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. 
4555, 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.
     At the end of the bill, insert a new section entitled ``Sec. 3. 
Annual Reports.''

                            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. 4555.

                      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. 
4555, the DHS Interagency Counterterrorism Task Force 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. 4555 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    The goal of this legislation is to ensure that the 
Secretary has the ability to coordinate with other Federal 
departments and agencies overseas by assigning DHS personnel to 
participate in overseas interagency counterterrorism task 
forces.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of Rule XIII, the Committee finds 
that H.R. 4555 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. 4555 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 4555 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 
``DHS Interagency Counterterrorism Task Force Act of 2017''.

Sec. 2.   Overseas Interagency Counterterrorism Task Force 
        Participation.

    This section amends Section 102 of the Homeland Security 
Act of 2002 (6 U.S.C. 112) by adding additional authorities for 
the Secretary of Homeland Security to coordinate with other 
Federal departments and agencies overseas. Specifically, this 
section authorizes the Secretary to assign DHS personnel, from 
any component the Secretary determines necessary, to 
participate in overseas interagency counterterrorism task 
forces in order to facilitate counterterrorism information 
sharing and combat the threat of terrorism to the U.S. stemming 
from overseas sources of conflict or terrorism.

Sec. 3.   Annual Reports.

    This section requires the Secretary, not later than 18 
months after the date of enactment of the Act and annually 
thereafter for 3 years, to report to Congress on the activities 
carried out pursuant to section 2 of the Act.

         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

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TITLE I--DEPARTMENT OF HOMELAND SECURITY

           *       *       *       *       *       *       *

SEC. 102. SECRETARY; FUNCTIONS.

  (a) Secretary.--
          (1) In general.--There is a Secretary of Homeland 
        Security, appointed by the President, by and with the 
        advice and consent of the Senate.
          (2) Head of department.--The Secretary is the head of 
        the Department and shall have direction, authority, and 
        control over it.
          (3) Functions vested in secretary.--All functions of 
        all officers, employees, and organizational units of 
        the Department are vested in the Secretary.
  (b) Functions.--The Secretary--
          (1) except as otherwise provided by this Act, may 
        delegate any of the Secretary's functions to any 
        officer, employee, or organizational unit of the 
        Department;
          (2) shall have the authority to make contracts, 
        grants, and cooperative agreements, and to enter into 
        agreements with other executive agencies, as may be 
        necessary and proper to carry out the Secretary's 
        responsibilities under this Act or otherwise provided 
        by law; and
          (3) shall take reasonable steps to ensure that 
        information systems and databases of the Department are 
        compatible with each other and with appropriate 
        databases of other Departments.
  (c) Coordination With Non-Federal Entities.--With respect to 
homeland security, the Secretary shall coordinate through the 
Office of State and Local Coordination (established under 
section 801) (including the provision of training and 
equipment) with State and local government personnel, agencies, 
and authorities, with the private sector, and with other 
entities, including by--
          (1) coordinating with State and local government 
        personnel, agencies, and authorities, and with the 
        private sector, to ensure adequate planning, equipment, 
        training, and exercise activities;
          (2) coordinating and, as appropriate, consolidating, 
        the Federal Government's communications and systems of 
        communications relating to homeland security with State 
        and local government personnel, agencies, and 
        authorities, the private sector, other entities, and 
        the public; and
          (3) distributing or, as appropriate, coordinating the 
        distribution of, warnings and information to State and 
        local government personnel, agencies, and authorities 
        and to the public.
  (d) Meetings of National Security Council.--The Secretary 
may, subject to the direction of the President, attend and 
participate in meetings of the National Security Council.
  (e) Issuance of Regulations.--The issuance of regulations by 
the Secretary shall be governed by the provisions of chapter 5 
of title 5, United States Code, except as specifically provided 
in this Act, in laws granting regulatory authorities that are 
transferred by this Act, and in laws enacted after the date of 
enactment of this Act.
  (f) Special Assistant to the Secretary.--The Secretary shall 
appoint a Special Assistant to the Secretary who shall be 
responsible for--
          (1) creating and fostering strategic communications 
        with the private sector to enhance the primary mission 
        of the Department to protect the American homeland;
          (2) advising the Secretary on the impact of the 
        Department's policies, regulations, processes, and 
        actions on the private sector;
          (3) interfacing with other relevant Federal agencies 
        with homeland security missions to assess the impact of 
        these agencies' actions on the private sector;
          (4) creating and managing private sector advisory 
        councils composed of representatives of industries and 
        associations designated by the Secretary to--
                  (A) advise the Secretary on private sector 
                products, applications, and solutions as they 
                relate to homeland security challenges;
                  (B) advise the Secretary on homeland security 
                policies, regulations, processes, and actions 
                that affect the participating industries and 
                associations; and
                  (C) advise the Secretary on private sector 
                preparedness issues, including effective 
                methods for--
                          (i) promoting voluntary preparedness 
                        standards to the private sector; and
                          (ii) assisting the private sector in 
                        adopting voluntary preparedness 
                        standards;
          (5) working with Federal laboratories, federally 
        funded research and development centers, other 
        federally funded organizations, academia, and the 
        private sector to develop innovative approaches to 
        address homeland security challenges to produce and 
        deploy the best available technologies for homeland 
        security missions;
          (6) promoting existing public-private partnerships 
        and developing new public-private partnerships to 
        provide for collaboration and mutual support to address 
        homeland security challenges;
          (7) assisting in the development and promotion of 
        private sector best practices to secure critical 
        infrastructure;
          (8) providing information to the private sector 
        regarding voluntary preparedness standards and the 
        business justification for preparedness and promoting 
        to the private sector the adoption of voluntary 
        preparedness standards;
          (9) coordinating industry efforts, with respect to 
        functions of the Department of Homeland Security, to 
        identify private sector resources and capabilities that 
        could be effective in supplementing Federal, State, and 
        local government agency efforts to prevent or respond 
        to a terrorist attack;
          (10) coordinating with the Commissioner of U.S. 
        Customs and Border Protection and the Assistant 
        Secretary for Trade Development of the Department of 
        Commerce on issues related to the travel and tourism 
        industries; and
          (11) consulting with the Office of State and Local 
        Government Coordination and Preparedness on all matters 
        of concern to the private sector, including the tourism 
        industry.
  (g) Standards Policy.--All standards activities of the 
Department shall be conducted in accordance with section 12(d) 
of the National Technology Transfer Advancement Act of 1995 (15 
U.S.C. 272 note) and Office of Management and Budget Circular 
A-119.
  (h) Coordination With Other Federal Departments and Agencies 
Overseas.--
          (1) In general.--The Secretary is authorized to 
        assign Department personnel to participate in overseas 
        interagency counterterrorism task forces to--
                  (A) facilitate the sharing of 
                counterterrorism information, and
                  (B) combat the threat of terrorism and 
                associated risks to the United States stemming 
                from overseas sources of conflict or terrorism,
        as determined by the Secretary.
          (2) Personnel.--In carrying out this subsection, the 
        Secretary may assign personnel from any component of 
        the Department the Secretary determines necessary to 
        participate in the overseas counterterrorism task 
        forces referred to in paragraph (1).

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