[House Report 116-27]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-27
======================================================================
TERRORIST AND FOREIGN FIGHTER TRAVEL EXERCISE ACT OF 2019
_______
March 28, 2019.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Thompson of Mississippi, from the Committee on Homeland Security,
submitted the following
R E P O R T
[To accompany H.R. 1590]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 1590) to require an exercise related to
terrorist and foreign fighter travel, 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.............................................. 1
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
Federal Mandates Statement....................................... 3
Duplicative Federal Programs..................................... 3
Performance Goals and Objectives................................. 4
Advisory Committee Statement..................................... 4
Applicability to Legislative Branch.............................. 4
Advisory on Earmarks............................................. 4
Section-by-Section Analysis of the Legislation................... 4
Changes in Existing Law Made by the Bill, as Reported............ 5
Purpose and Summary
H.R. 1590, the Terrorist and Foreign Fighter Travel
Exercise Act of 2019, requires the Secretary of Homeland
Security, in coordination with relevant Federal departments and
agencies, to develop and conduct an exercise related to the
terrorist and foreign fighter threat. It also requires the
Secretary to identify and report to Congress the findings of
such exercise, the Department's plan to incorporate any lessons
learned into its operations and any proposed legislative
changes informed by the exercise. Lastly, the bill requires
that the National Exercise Program include emerging threats
into its programming.
Background and Need for Legislation
H.R. 1590, the ``Terrorist and Foreign Fighter Travel
Exercise Act of 2019,'' is informed by the final report of the
Committee on Homeland Security's Task Force on Combating
Terrorist and Foreign Fighter Travel (Committee Print 114-B;
issued in September 2015). The report included 32 findings and
more than 50 recommendations for enhancing U.S. security. Among
other conclusions, the Task Force report found that the growing
complexity and changing nature of the foreign fighter security
challenge may be creating unseen gaps in our defenses, yet it
has been years since any large-scale ``stress test'' has been
conducted on U.S. government protection and prevention programs
against terrorist travel. The Task Force report recommended
that the Administration conduct an exercise designed around the
foreign fighter threat to test all phases of extremist planning
and travel to determine how partners at all levels of
government on the United States and abroad are currently
responding to these scenarios. H.R. 1590 would fulfill this
recommendation.
Additionally, in 2018, the White House released the
National Strategy to Combat Terrorism, outlining how the United
States Government will expand coordination and maximize the
full capabilities of Federal departments and agencies to
identify, detect, and deter terrorists from transiting
international borders. One of the Strategy's stated goals is to
constrain and deter terrorist travel planning, facilitation,
and mobilization through support of Federal, State, local and
Tribal law enforcement, private sector partners and
communities, and to enhance the collection, analysis, and
sharing of intelligence and law enforcement terrorist
information and data.
H.R. 1590 directly compliments the National Strategy to
Combat Terrorism by requiring the Secretary of Homeland
Security, in coordination with appropriate Federal departments
and agencies, to develop and conduct an exercise related to
detection and prevention of terrorist and foreign fighter
travel. It also requires the Secretary to produce an after-
action report to Congress, presenting the findings of the
exercise and plans for quickly incorporating lessons learned
into future operations of the Department. Finally, it requires
that the National Exercise Program be designed to include
emerging terrorist threats.
The execution of this exercise would help relevant parties
to be better positioned to address the threat of foreign
fighters and security vulnerabilities that terrorists might
seek to exploit.
Hearings
The Committee did not hold any legislative hearings on H.R.
1590; however, the Committee held eighteen hearings that
addressed foreign fighter threats at the Subcommittee and Full
Committee levels during the 114th and 115th Congresses.
Committee Consideration
The Committee met on March 13, 2019, with a quorum being
present, to consider H.R. 1590 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. 1590.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
Congressional Budget Office Estimate
New Budget Authority, Entitlement Authority,
and Tax Expenditures
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of Congressional Budget Office.
The Committee has requested but not received from the
Director of the Congressional Budget Office a statement as to
whether this bill contains any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
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.
Duplicative Federal Programs
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 1590 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
1590 would This legislation ensures that the Secretary of
Homeland Security, in coordination with relevant Federal
departments and agencies, develops and conducts a terrorist and
foreign fighter travel exercise. It also ensures that the
Secretary identifies and reports to Congress any weaknesses at
home and abroad that may be exploited by terrorists and foreign
fighters.
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.
Advisory on Earmarks
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(d), 9(e), or 9(f) of the rule
XXI.
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section provides that this bill may be cited as the
``Terrorist and Foreign Fighter Travel Exercise Act of 2019''.
Sec. 2. Exercise on terrorist and foreign fighter travel
This section requires the Secretary of Homeland Security to
develop and conduct an exercise related to the prevention of
terrorist and foreign fighter travel that could be integrated
into an existing exercise or augment one. This section requires
that the exercise include scenarios involving individuals
traveling to join terrorist organizations (i.e. foreign
fighters) or provide material support or resources to terrorist
organizations overseas and terrorist infiltration into the
United States. It also requires the Department to coordinate
with appropriate Federal agencies, foreign governments, and
State, local, Tribal, and territorial agencies, including law
enforcement agencies and representatives from the National
Network of Fusion Centers, as well as coordination with
appropriate private sector and community stakeholders. Finally,
the section requires the Secretary to submit an after-action
report to the House Homeland Security Committee and Senate
Homeland Security and Governmental Affairs Committee within 60
days of the exercise, detailing the initial findings of such
exercise, plans for quickly incorporating lessons learned into
future operations of the Department of Homeland Security, and
any proposed legislative changes informed by such exercise.
Sec. 3. Emerging threats in the National Exercise Program
This section adds an additional requirement to the National
Exercise Program that it shall conduct national exercises that
test the nation's ability to respond to emerging threats.
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 italic and existing law in which no change is
proposed is shown in roman):
POST-KATRINA EMERGENCY MANAGEMENT REFORM ACT OF 2006
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TITLE VI--NATIONAL EMERGENCY MANAGEMENT
* * * * * * *
Subtitle C--Comprehensive Preparedness System
CHAPTER 1--NATIONAL PREPAREDNESS SYSTEM
* * * * * * *
SEC. 648. TRAINING AND EXERCISES.
(a) National Training Program.--
(1) In general.--Beginning not later than 180 days
after the date of enactment of this Act, the
Administrator, in coordination with the heads of
appropriate Federal agencies, the National Council on
Disability, and the National Advisory Council, shall
carry out a national training program to implement the
national preparedness goal, National Incident
Management System, National Response Plan, and other
related plans and strategies.
(2) Training partners.--In developing and
implementing the national training program, the
Administrator shall--
(A) work with government training facilities,
academic institutions, private organizations,
and other entities that provide specialized,
state-of-the-art training for emergency
managers or emergency response providers; and
(B) utilize, as appropriate, training courses
provided by community colleges, State and local
public safety academies, State and private
universities, and other facilities.
(b) National Exercise Program.--
(1) In general.--Beginning not later than 180 days
after the date of enactment of this Act, the
Administrator, in coordination with the heads of
appropriate Federal agencies, the National Council on
Disability, and the National Advisory Council, shall
carry out a national exercise program to test and
evaluate the national preparedness goal, National
Incident Management System, National Response Plan, and
other related plans and strategies.
(2) Requirements.--The national exercise program--
(A) shall be--
(i) as realistic as practicable,
based on current risk assessments,
including credible and emerging
threats, vulnerabilities, and
consequences, and designed to stress
the national preparedness system;
(ii) designed, as practicable, to
simulate the partial or complete
incapacitation of a State, local, or
tribal government;
(iii) carried out, as appropriate,
with a minimum degree of notice to
involved parties regarding the timing
and details of such exercises,
consistent with safety considerations;
(iv) designed to provide for the
systematic evaluation of readiness and
enhance operational understanding of
the incident command system and
relevant mutual aid agreements;
(v) designed to address the unique
requirements of populations with
special needs, including the elderly;
and
(vi) designed to promptly develop
after-action reports and plans for
quickly incorporating lessons learned
into future operations; and
(B) shall include a selection of model
exercises that State, local, and tribal
governments can readily adapt for use and
provide assistance to State, local, and tribal
governments with the design, implementation,
and evaluation of exercises (whether a model
exercise program or an exercise designed
locally) that--
(i) conform to the requirements under
subparagraph (A);
(ii) are consistent with any
applicable State, local, or tribal
strategy or plan; and
(iii) provide for systematic
evaluation of readiness.
(3) National level exercises.--The Administrator
shall periodically, but not less than biennially,
perform national exercises for the following purposes:
(A) To test and evaluate the capability of
Federal, State, local, and tribal governments
to detect, disrupt, and prevent threatened or
actual catastrophic acts of terrorism,
especially those involving weapons of mass
destruction.
(B) To test and evaluate the readiness of
Federal, State, local, and tribal governments
to respond and recover in a coordinated and
unified manner to catastrophic incidents.
* * * * * * *