79–006 

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 


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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 


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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. 


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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 


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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. 

Æ 


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