[House Report 115-40]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-40
======================================================================
TERRORIST AND FOREIGN FIGHTER TRAVEL EXERCISE ACT OF 2017
_______
March 16, 2017.--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. 1302]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 1302) 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.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
New Budget Authority, Entitlement Authority, and Tax Expenditures 4
Congressional Budget Office Estimate............................. 5
Statement of General Performance Goals and Objectives............ 6
Duplicative Federal Programs..................................... 6
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.............................. 7
Section-by-Section Analysis of the Legislation................... 7
Changes in Existing Law Made by the Bill, as Reported............ 8
Purpose and Summary
H.R. 1302, the Terrorist and Foreign Fighter Travel
Exercise Act of 2017, 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 any weaknesses at
home and abroad that may be exploited by terrorists and foreign
fighters. Lastly, the bill requires that the National Exercise
Program be designed to include emerging terrorist threats, such
as the threat from foreign fighters.
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 published (Committee Print 114-B).
The report, produced by a bipartisan panel, issued 32 findings
and provided 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 last major government exercise on terrorist travel
occurred in 2009. That year, the Federal Emergency Management
Agency (FEMA) managed an exercise centered on the ``aftermath
of a notional terrorist event outside of the United States''
and how to prevent ``subsequent efforts by the terrorists to
enter the United States and carry out additional attacks.'' The
exercise tested how agencies at all levels of government would
respond in such a scenario.
The threat environment has since changed. The 2009 exercise
centered on terrorists attempting to enter the country, but as
the Task Force report noted, officials today should be just as
concerned about Americans leaving the country to train overseas
with terrorist groups as foreign fighters. Such individuals can
represent a serious security threat to the United States,
particularly upon their return to the country; thus, preventing
them from joining extremists abroad in the first place should
be a top law enforcement goal.
Accordingly, the Task Force report recommended that the
Administration should conduct an exercise designed around the
foreign fighter threat to test all phases of extremist planning
and travel in order to determine how partners at all levels of
government on the United States and abroad are currently
responding to these scenarios. Such an exercise would help
identify weaknesses at home and abroad that may be exploited by
terrorists and foreign fighters seeking to travel to and from
the United States and overseas terrorist sanctuaries.
Hearings
The Committee did not hold any legislative hearings on H.R.
1302; however, the Committee held the following oversight
hearings:
114th Congress
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, U.S. 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.
On September 14, 2016, the Committee held a hearing
entitled ``Shutting Down Terrorist Pathways into America.'' The
Committee received testimony from Hon. Francis X. Taylor, Under
Secretary, Office of Intelligence and Analysis, U.S. Department
of Homeland Security; Hon. Leon Rodriguez, Director, U.S.
Citizenship and Immigration Services, U.S. Department of
Homeland Security; Dr. Huban Gowadia, Deputy Administrator,
Transportation Security Administration, U.S. Department of
Homeland Security; Mr. Kevin McAleenan, Deputy Commissioner,
U.S. Customs and Border Protection, U.S. Department of Homeland
Security; and Mr. Daniel D. Ragsdale, Deputy Director, U.S.
Immigrations and Customs Enforcement, U.S. Department of
Homeland Security.
On July 14, 2016, the Committee held a hearing entitled
``Worldwide Threats to the Homeland: ISIS and the New Wave of
Terror.'' The Committee received testimony from Hon. Jeh C.
Johnson, Secretary, U.S. 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.
Committee Consideration
The Committee met on March 8, 2017, to consider H.R. 1302,
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. 1302.
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.
1302, the Terrorist and Foreign Fighter Travel Exercise Act of
2017, 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 13, 2017.
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. 1302, the
Terrorist and Foreign Fighter Travel Exercise Act of 2017.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Robert Reese.
Sincerely,
Keith Hall.
Enclosure.
H.R. 1302--Terrorist and Foreign Fighter Travel Exercise Act of 2017
H.R. 1302 would require the Federal Emergency Management
Agency (FEMA) to develop and carryout national exercises
designed to evaluate the nation's preparedness against the
threat of foreign fighters and terrorists. Based on information
from FEMA, CBO estimates that implementing the legislation
would not significantly affect the federal budget over the
2018-2022 period because the new exercises would be integrated
into existing programs.
Under current law, at least every two years, the agency
conducts a national exercise to evaluate the preparedness of
federal, state, local, and tribal governments to respond to
catastrophic events--including acts of terrorism--in a
coordinated manner. The agency allocated approximately $112
million in fiscal year 2016 for such activities including
education and training efforts related to the ability to
respond to emergencies.
Under the bill, the agency would develop and conduct an
exercise to test the ability to respond to the threat of
persons leaving the United States to join or provide material
support to terrorist organizations or of foreign fighters
attempting to enter the United States. Under the bill, the
agency also would be required to integrate those exercises into
the national exercises carried out every two years under
current law. Based on information from FEMA, CBO estimates that
the agency would develop and integrate the new exercises into
existing preparedness activities and would incur no significant
additional costs.
Enacting H.R. 1302 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting the bill would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2028.
H.R. 1302 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Robert Reese.
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. 1302 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
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.
Duplicative Federal Programs
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 1302 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. 1302 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 1302 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
``Terrorist and Foreign Fighter Travel Exercise Act of 2017''.
Sec. 2. Exercise on Terrorist and Foreign Fighter Travel.
Subsection (a)--In General.
This subsection requires the Secretary of Homeland Security
to develop and conduct an exercise within one year related to
the terrorist and foreign fighter threat, in coordination with
relevant Federal departments and agencies--either in addition
to, or as part of, existing exercise programs.
Subsection (b)--Exercise Requirements.
This subsection requires that the exercise include
scenarios involving individuals traveling to join terrorist
organizations overseas (i.e. foreign fighters) and terrorist
infiltration into the United States. It also requires the
Department to coordinate with appropriate Federal agencies,
foreign governments, State and local stakeholders, and the
private sector.
Subsection (c)--Report.
This subsection 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 any identified or
potential vulnerabilities in U.S. defenses and any requested
legislative changes.
Subsection (d)--Definition.
This subsection defines the term ``material support or
resources.''
Sec. 3. Emerging Threats in the National Exercise Program.
This sections adds an additional requirement to the
National Exercise Program that it shall be designed, to the
extent practicable, to include emerging terrorist threats, such
as the threat from foreign fighters. This section ensures that
the exercise required in section 2 is not simply a ``one-off''
and that, going forward, the Department of Homeland Security
will incorporate such terror threat scenarios into exercises on
a more regular basis.
Sec. 4. No Additional Funds Authorized.
This section ensures that no additional funds are
authorized to carry out this Act, which shall be carried out
using amounts already authorized.
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 (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
POST-KATRINA EMERGENCY MANAGEMENT REFORM ACT OF 2006
* * * * * * *
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 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
(vii) designed, to the extent
practicable, to include exercises
addressing emerging terrorist threats,
such as scenarios involving United
States citizens departing the United
States to enlist with or provide
material support or resources to
terrorist organizations abroad or
terrorist infiltration into the United
States, including United States
citizens and foreign nationals; 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.
* * * * * * *
[all]