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[House Report 114-481]
[From the U.S. Government Publishing Office]

114th Congress   }                                      {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                      {      114-481

======================================================================
 
              COUNTERTERRORISM ADVISORY BOARD ACT OF 2016

                                _______
                                

 April 11, 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. 4407]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 4407) to amend the Homeland Security Act of 2002 
to establish in the Department of Homeland Security a board to 
coordinate and integrate departmental intelligence, activities, 
and policy related to counterterrorism, 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..................................................     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.......................................................     5
Federal Mandates Statement.......................................     5
Preemption Clarification.........................................     5
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

                          Purpose and Summary

    The purpose of H.R. 4407 is to amend the Homeland Security 
Act of 2002 to establish in the Department of Homeland Security 
a board to coordinate and integrate departmental intelligence, 
activities, and policy related to counterterrorism, and for 
other purposes.

                  Background and Need for Legislation

    In September 2015, the final report of the Committee on 
Homeland Security's Task Force on Combating Terrorist and 
Foreign Fighter Travel was released. It included 32 findings 
and more than 50 recommendations for enhancing U.S. security. 
Among other conclusions, the Task Force found that Congress 
should authorize the DHS Counterterrorism Advisory Board 
(CTAB)--an internal body charged with advising the Secretary of 
Homeland Security on counterterrorism issues--and ensure it is 
aligned with the current threat environment.
    Established at the behest of the Secretary of Homeland 
Security in 2010, the CTAB brings together top DHS officials to 
share information and coordinate counterterrorism activities. 
The CTAB has improved the Department's ability to respond to 
terrorism threats and harmonize counterterrorism programs and 
activities across DHS components. Given that the CTAB has never 
been authorized in law, there is a risk that the board will be 
dismantled and that the internal DHS gains achieved, with 
respect to counterterrorism coordination, will be lost. The 
Task Force concluded that authorization in law and updates to 
the charter would keep the CTAB on a strong footing so it can 
be utilized by future DHS Secretaries and component leaders.
    H.R. 4407, the Counterterrorism Advisory Board Act of 2016, 
not only preserves this critical body, by authorizing it in 
law, but also ensures that changes in the threat environment, 
including the surge in homegrown extremism and the threat from 
foreign fighters, are considered by the CTAB.

                                Hearings

    The Committee did not hold any hearings on H.R. 4408, 
however, the Committee held the following oversight hearings:
    On February 11, 2015, the Committee held a hearing entitled 
``Countering Violent Islamist Extremism: The Urgent Threat of 
Foreign Fighters and Homegrown Terror.'' The Committee received 
testimony from Hon. Francis X. Taylor, Under Secretary, 
Intelligence and Analysis, U.S. Department of Homeland 
Security; Hon. Nicholas J. Rasmussen, Director, National 
Counterterrorism Center, Office of the Director of National 
Intelligence; and Mr. Michael B. Steinbach, Assistant Director, 
Counterterrorism Division, Federal Bureau of Investigation, 
U.S. Department of Justice.
    On March 24, 2015, the Committee held a hearing entitled 
``A Global Battleground: The Fight Against Islamist Extremism 
at Home and Abroad.'' The Committee received testimony from 
Hon. Newt Gingrich, Former Speaker of the U.S. House of 
Representatives; General Michael Hayden (USAF-Ret.), Former 
Director, Central Intelligence Agency and Former Director, 
National Security Agency; Mr. Philip Mudd, Senior Fellow, New 
America Foundation; and Mr. Brian Michael Jenkins, Senior 
Adviser to the RAND President, The RAND Corporation.
    On June 3, 2015, the Committee held a hearing entitled 
``Terrorism Gone Viral: The Attack in Garland, Texas and 
Beyond.'' The Committee received testimony from Mr. John J. 
Mulligan, Deputy Director, National Counterterrorism Center; 
Hon. Francis X. Taylor, Under Secretary, Intelligence and 
Analysis, U.S. Department of Homeland Security; and Mr. Michael 
B. Steinbach, Assistant Director, Counterterrorism Division, 
Federal Bureau of Investigation, U.S. Department of Justice.
    On July 15, 2015, the Committee held a hearing entitled 
``The Rise of Radicalization: Is the U.S. Government Failing to 
Counter International and Domestic Terrorism?'' The Committee 
received testimony from Ms. Farah Pandith, Adjunct Senior 
Fellow, Council on Foreign Relations; Mr. Seamus Hughes, Deputy 
Director, Program on Extremism, Center for Cyber and Homeland 
Security, George Washington University; and Mr. J. Richard 
Cohen, President, Southern Poverty Law Center.
    On September 8, 2015, the Committee held a field hearing in 
New York City, New York entitled ``Beyond Bin Laden's Caves and 
Couriers to A New Generation of Terrorists: Confronting the 
Challenges in a Post 9/11 World.'' The Committee received 
testimony from Hon. Rudolph ``Rudy'' W. Giuliani, Former Mayor, 
City of New York, New York; Mr. William J. Bratton, 
Commissioner, Police Department, City of New York, New York; 
Mr. Daniel A. Nigro, Commissioner, Fire Department, City of New 
York, New York; Mr. Lee A. Ielpi, President, September 11th 
Families Association; and Mr. Gregory A. Thomas, National 
President, National Organization of Black Law Enforcement 
Executives.
    On October 21, 2015, the Committee held a hearing entitled 
``Worldwide Threats and Homeland Security Challenges.'' The 
Committee received testimony from Hon. Jeh C. Johnson, 
Secretary, Department of Homeland Security; Hon. Nicholas J. 
Rasmussen, Director, The National Counterterrorism Center, 
Office of the Director of National Intelligence; and Hon. James 
B. Comey, Director, Federal Bureau of Investigation, U.S. 
Department of Justice.
    On November 18, 2015, the Committee on Homeland Security 
and the Committee on Foreign Affairs held a joint hearing 
entitled ``The Rise of Radicalism: Growing Terrorist 
Sanctuaries and the Threat to the U.S. Homeland.'' The 
Committees received testimony from Hon. Matthew G. Olsen, Co-
Founder and President, Business Development and Strategy, 
IronNet Cybersecurity; Gen. John M. Keane (Ret. U.S. Army), 
Chairman of the Board, Institute for the Study of War; and Mr. 
Peter Bergen, Vice President, Director International Security 
and Fellows Programs, New America.

                        Committee Consideration

    The Committee met on February 2, 2016, to consider H.R. 
4407, and ordered the measure to be reported to the House with 
a favorable recommendation, without amendment, by voice vote.

                            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. 4407.

                      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. 
4407, the Counterterrorism Advisory Board Act of 2016, 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, March 18, 2016.
Hon.  Michael McCaul,
Chairman, Committee on Homeland Security,
U.S. House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4407, the 
Counterterrorism Advisory Board Act of 2016.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                         Robert A. Sunshine
                                                  (For Keith Hall).
    Enclosure.

H.R. 4407--Counterterrorism Advisory Board Act of 2016

    H.R. 4407 would establish a counterterrorism advisory board 
in the Department of Homeland Security (DHS). The board would 
consist of senior representatives of operational agencies 
within DHS (such as Customs and Border Protection and the Coast 
Guard) and offices in DHS headquarters, including the Office of 
Intelligence and Analysis. The board would meet on a regular 
basis to coordinate departmental activities to combat 
terrorism.
    DHS is currently carrying out activities similar to those 
required by the bill, and CBO estimates that implementing H.R. 
4407 would have no significant effect on DHS spending. 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. 4407 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2027.
    H.R. 4407 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on 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. 4407 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    The goal of H.R. 4407 is to authorize the Counterterrorism 
Advisory Board within DHS, outline the structure and functions 
of the board, including advising the DHS Secretary on the 
issuance of terrorism alerts, and requires a report to Congress 
on the status and activities of the board. This legislation 
will ensure that the Department's central advisory body for 
counterterrorism is constituted to confront today's threats and 
that Congress is able to exercise effective oversight of its 
operations. It also aims to ensure that the Secretary receives 
timely advice from top leaders in the Department before issuing 
terrorism alerts.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 4407 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. 4407 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 4407 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 
``Counterterrorism Advisory Board Act of 2016''.

Section 2.   Department of Homeland Security Counterterrorism Advisory 
        Board

            Subsection (a)--In general
    This subsection inserts a new section 210G into the 
Homeland Security Act of 2002 entitled ``Departmental 
Coordination on Counterterrorism,'' establishing a board of 
senior representatives of departmental operational components 
and headquarters elements to coordinate and integrate 
departmental intelligence, activities, and policy related to 
the counterterrorism mission and functions of the Department. 
It requires the board to update its charter, as appropriate, 
every four years and to align it with the threat environment. 
This subsection further delineates the membership of the board 
and requires that Secretary to appoint a Coordinator for 
Counterterrorism who will serve as chair of the board. It 
requires the board to convene on a regular basis to discuss 
intelligence and coordinate ongoing threat mitigation efforts 
and departmental activities and to make recommendations to the 
Secretary. Finally, this subsection directs the board to advise 
the Secretary on the issuance of terrorism alerts.
            Subsection (b)--Clerical amendment
    This subsection makes a clerical amendment to the table of 
contents.
            Subsection (c)--Provision of software and Congressional 
                    notification
    This subsection requires the Secretary of Homeland 
Security, acting through the Coordinator for Counterterrorism, 
to submit a report to Congress on the status and activities of 
the board, no later than 90 days after enactment.

         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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Homeland 
Security Act of 2002''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

     * * * * * * *

      TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

  Subtitle A--Information and Analysis and Infrastructure Protection; 
                          Access to Information

     * * * * * * *
Sec. 210G. Departmental coordination on counterterrorism.

           *       *       *       *       *       *       *

      TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

  Subtitle A--Information and Analysis and Infrastructure Protection; 
Access to Information

           *       *       *       *       *       *       *

SEC. 210G. DEPARTMENTAL COORDINATION ON COUNTERTERRORISM.

  (a) Establishment.--There is in the Department a board to be 
composed of senior representatives of departmental operational 
components and headquarters elements. The purpose of the board 
shall be to coordinate and integrate departmental intelligence, 
activities, and policy related to the counterterrorism mission 
and functions of the Department.
  (b) Charter.--There shall be a charter to govern the 
structure and mission of the board. Such charter shall direct 
the board to focus on the current threat environment and the 
importance of aligning departmental counterterrorism activities 
under the Secretary's guidance. The charter shall be reviewed 
and updated every four years, as appropriate.
  (c) Members.--
          (1) Chair.--The Secretary shall appoint a Coordinator 
        for Counterterrorism within the Department who will 
        serve as the chair of the board.
          (2) Additional members.--The Secretary shall appoint 
        additional members of the board from among the 
        following:
                  (A) The Transportation Security 
                Administration.
                  (B) United States Customs and Border 
                Protection.
                  (C) United States Immigration and Customs 
                Enforcement.
                  (D) The Federal Emergency Management Agency.
                  (E) The Coast Guard.
                  (F) United States Citizenship and Immigration 
                Services.
                  (G) The United States Secret Service.
                  (H) The National Protection and Programs 
                Directorate.
                  (I) The Office of Operations Coordination.
                  (J) The Office of the General Counsel.
                  (K) The Office of Intelligence and Analysis.
                  (L) The Office of Policy.
                  (M) The Science and Technology Directorate.
                  (N) Other Departmental offices and programs 
                as determined appropriate by the Secretary.
  (d) Meetings.--The board shall meet on a regular basis to 
discuss intelligence and coordinate ongoing threat mitigation 
efforts and departmental activities, including coordination 
with other Federal, State, local, tribal, territorial, and 
private sector partners, and shall make recommendations to the 
Secretary.
  (e) Terrorism Alerts.--The board shall advise the Secretary 
on the issuance of terrorism alerts pursuant to section 203 of 
this Act.
  (f) Prohibition on Additional Funds.--No additional funds are 
authorized to carry out this section. This section shall be 
carried out using amounts otherwise appropriated or made 
available to the Department.

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