[Congressional Record Volume 162, Number 65 (Wednesday, April 27, 2016)]
[House]
[Pages H2019-H2022]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NO FLY FOR FOREIGN FIGHTERS ACT
Mr. GOODLATTE. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 4240) to require an independent review of the operation and
administration of the Terrorist Screening Database (TSDB) maintained by
the Federal Bureau of Investigation and subsets of the TSDB, and for
other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4240
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
[[Page H2020]]
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Fly for Foreign Fighters
Act''.
SEC. 2. GAO STUDY ON THE TERRORIST SCREENING DATABASE.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall conduct a study and submit, to the Committee on
the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate, a report on--
(1) whether past weaknesses in the operation and
administration of the Terrorist Screening Database
(hereinafter referred to as the ``TSDB'') and subsets of the
TSDB have been addressed; and
(2) the extent to which existing vulnerabilities to the
United States may be addressed or mitigated through
additional changes to the TSDB and subsets of the TSDB,
thereby enhancing America's security and defenses.
(b) Required Information.--The study and report under
subsection (a) shall include information on the extent to
which--
(1) information is being integrated into the TSDB from all
relevant sources across the government in a timely manner;
(2) agencies are able to comply with increased demands for
information to improve the TSDB;
(3) the TSDB, and relevant subsets of the TSDB, are
accessible to agencies, authorities, and other entities, as
appropriate; and
(4) the TSDB is capable of enabling users to identify known
or suspected terrorists in the most timely and comprehensive
manner possible.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Virginia (Mr. Goodlatte) and the gentlewoman from Texas (Ms. Jackson
Lee) each will control 20 minutes.
The Chair recognizes the gentleman from Virginia.
General Leave
Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous materials on H.R. 4240, currently under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Virginia?
There was no objection.
Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, across the globe, nations are on alert as the threat of
ISIS spreads. France, Turkey, Belgium, and the United States have each
been tragically affected by ISIS or ISIS-inspired terror plots. It is
imperative that America's first lines of defense against ISIS and other
terror groups are working effectively.
H.R. 4240, the No Fly for Foreign Fighters Act, is a commonsense bill
that requires the U.S. Government Accountability Office to conduct an
independent review of the operation and administration of the Terrorist
Screening Database, or TSDB, which is sometimes referred to as the
terrorist watch list. The gentlewoman from Texas (Ms. Jackson Lee) has
worked diligently on this important issue, and I am pleased to support
this bill.
The terrorist watch list is a critical tool in our fight against
terrorism. The watch list and the screening process support the U.S.
Government's efforts to combat terrorism by consolidating the terrorist
watch list and providing screening and law enforcement agencies with
information to help them respond appropriately during encounters with
known or suspected terrorists, among other things. At the same time, we
must ensure that the watch list and the accompanying processes and
procedures comport with the Constitution and the values of the American
people.
The GAO previously conducted a study of the terrorist watch list
following the December 25, 2009, attempted bombing of Northwest
Airlines Flight 253, which exposed weaknesses in how the Federal
Government nominated individuals to the terrorist watch list and gaps
in how agencies use the list to screen individuals to determine if they
posed a security threat. Several improvements were made to the watch
listing processes and procedures following the December 25, 2009,
attempted bombing.
However, concerns have been raised over the effect the watch listing
processes and procedures may have on law-abiding persons, including
U.S. citizens, based on inaccurate or incomplete information in the
database or similar or identical names to watch listed individuals.
The GAO stated in its 2012 watch listing report that routine,
government-wide assessments of the outcomes and impacts of agencies'
watch list screening or vetting programs could help ensure that these
programs are achieving their intended results or identify if revisions
are needed. Such assessments could also help identify broader issues
that require attention, determine if impacts on agency resources and
the traveling public are acceptable, and communicate to key
stakeholders how the Nation's investment in the watch list screening or
vetting processes is enhancing security of the Nation's borders,
commercial aviation, and other security-related activities.
This bill provides for an independent review of the operation and
administration of the watch list. It reaffirms our commitment to our
Nation's security while upholding the constitutional values that make
America unique in the world.
Mr. Speaker, I urge my colleagues to support this important
legislation, and I reserve the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, let me start by saying that this is evidence of the
important commitment that the Judiciary Committee has to the issues of
criminal justice, but as well recognizes the title of this committee
that covers crime, terrorism, homeland security, and investigations.
So I want to thank the chairman, Mr. Goodlatte, for working with me
and his staff, along with Mr. Conyers, the ranking member, and his
staff, and, of course, Mr. Ratcliffe for his support for my
legislation, H.R. 4240, the No Fly for Foreign Fighters Act.
I particularly want to thank the staff because as they well know, my
late staff, Tiffany Joslyn, worked very hard with staff members as well
on this legislation. So here we are today with an important initiative
coming out of the Judiciary Committee working collaboratively, and I
believe that is extremely important.
As a senior member of the House Committee on Homeland Security and
the ranking member of the House Committee on the Judiciary's
Subcommittee on Crime, Terrorism, Homeland Security, and
Investigations, the topic of threats to homeland security has always
been of particular concern to me. But over the last couple of months,
maybe over the last couple of years, as we have seen ISIL raise its
ugly head, we have heard of Americans going for the fight, joining and
being a part of the caliphate. We have heard of ISIS members moving
around, particularly in Europe, moving from country to country. Some
may say that they are crossing in a number of modes of transportation,
but we also know they are using aviation modes of transportation.
Therefore, they pose a serious threat.
I initially introduced the No Fly for Foreign Fighters Act after the
investigation of an attempt to detonate explosives on a Northwest
Airlines Flight on Christmas Day, 2009. Yes, Mr. Speaker, that was a
long time ago.
An investigation of the incident revealed that counter-terrorism
agencies had information that raised flags about this individual
referred to as the ``underwear bomber,'' but the dots were not
connected and he was not placed in the Terrorist Screening Database, or
the TSDB. This incident shone a light on potential gaps in our watching
and screening process, and that resulted in significant improvements.
That said, questions about the system remain. In fact, it is not
uncommon to see news of a flight being diverted or an emergency landing
because a passenger happened to be on the no-fly list, but there was a
delay getting that information. Mr. Speaker, we are here today to
really ensure that we get it right because one wrong time again
jeopardizes maybe hundreds of thousands of lives.
It is even more common to read articles about the frequency of false
positives and individuals being mistakenly identified as being on the
list, causing them and their fellow passengers significant delay and
frustration. I remember, having been on the Committee on Homeland
Security since the heinous and tragic terrorist acts of 9/11, in those
early days, Members of Congress, United States Senators, and others
were on the no-fly list. While it may, after the fact, be a little bit
humorous, it is not. So we must get it right. The issue of false
positives is something that I know
[[Page H2021]]
many of my colleagues on the committee are particularly interested in,
as well as groups such as the ACLU who was kept very busy by so many
people being on wrongly.
In light of the events of the last 12 months, however, the issue of
homeland security and, in particular, the accuracy of our screening and
watch listing process has become even more significant to me. More than
30,000 foreign fighters from at least 100 different countries have
traveled to Syria and Iraq to fight with ISIL since 2011. I want to say
that number again: 30,000 foreign fighters have traveled. That means
they may return and move throughout Europe or attempt to come to the
United States.
In the last 18 months, the number of foreign fighters traveling to
Syria and Iraq has more than doubled. If those individuals try to go
throughout places in Europe or elsewhere or to the United States, the
mode of transportation would be aviation.
In the first 6 months of 2015, more than 7,000 foreign fighters have
arrived in Syria and Iraq. Of those traveling to Syria and Iraq to
fight for the Islamic State terrorist group, it is estimated that at
least 250 hold U.S. citizenship.
Mr. Speaker, my colleagues, we only need one. The accuracy of our
terrorist screening tools is more critical now than ever before. That
is why I worked with the chairman, Mr. Ratcliffe, and Mr. Conyers to
introduce H.R. 4240, which mandates an independent review of the TSDB's
operation and administration.
Although the Inspector General for the Department of Justice conducts
annual audits of the TSDB, there has not been an independent review
since the GAO study after the 2009 incident.
H.R. 4240 directs the GAO to conduct an independent review of the
operation and administration of the TSDB and subsets of the TSDB, to
assess whether past weaknesses have been addressed, the extent to which
existing vulnerabilities may be resolved or mitigated through
additional changes.
This legislation is drafted broadly to allow the GAO to conduct a
comprehensive review not just of the TSDB's accuracy, but its entire
operation and administration in the name of securing the American
people.
Following its study, the GAO will submit a report to the House and
Senate Judiciary Committees with its findings and any recommendations
for improvements. I am very glad that my colleagues joined me in
shortening that timeframe in which a report is to come back so that we
can quickly move to urge any changes that need to be made in the list
to be accurate and to secure the Nation.
Let me close by thanking the members of this committee who are
cosponsors of H.R. 4240 and urge my colleagues to vote to send this
critical and timely bipartisan legislation to the House floor, which we
are now.
Mr. Speaker, let me begin by extending my appreciation to Chairman
Goodlatte, Ranking Member Conyers, and Mr. Ratcliffe for your support
of my legislation, H.R. 4240, the ``No Fly for Foreign Fighters Act.''
As a senior member of the House Committee on Homeland Security and
the Ranking Member of the Judiciary Subcommittee on Crime, Terrorism,
Homeland Security & Investigations, the topic of threats to homeland
security has always of particular concern to me.
I initially introduced the ``No Fly for Foreign Fighters Act'' after
the investigation of an attempt to detonate explosives on a Northwest
Airlines Flight on Christmas Day 2009.
Investigation of the incident revealed that counterterrorism agencies
had information that raised red flags about this individual, referred
to as the ``underwear bomber,'' but the dots were not connected and he
was not placed in the Terrorist Screening Database or the TSDB.
This incident shone a spotlight on potential gaps in our watching and
screening process and that resulted significant improvements.
That said, questions about the system remain.
In fact, it is not uncommon to see news of a flight being diverted or
an emergency landing because a passenger happened to be on the No Fly
list but there was a delay getting that information.
It is even more common to read articles about the frequency of false
positives and individuals being mistakenly identified as being on the
list--causing them and their fellow passenger significant delay and
frustration.
The issue of false positives is something that I know many of my
colleagues on the Committee are particularly interested in, as well as
groups such as the ACLU.
In light of the events of the last 12 months, however, the issue of
homeland security and, in particular, the accuracy of our screening and
watchlisting process has become even more significant to me.
More than 30,000 foreign fighters from at least 100 different
countries have traveled to Syria and Iraq to fight for ISIL since 2011.
In the last 18 months, the number of foreign fighters traveling to
Syria and Iraq has more than doubled.
In the first six months of 2015, more than 7.000 foreign fighters
have arrived in Syria and Iraq.
Of those traveling to Syria and Iraq to fight for the Islamic State
terrorist group, it is estimated at least 250 hold U.S. Citizenship.
The accuracy of our terrorist screening tools is more critical now
than ever before.
That is why I worked with the Chairman and Mr. Ratcliffe, to
introduce H.R. 4240, which mandates an independent review of the TSDB's
operation and administration.
Although the Inspector General for the Department of Justice conducts
annual audits of the TSDB, there has not been an independent review
since the GAO study after the 2009 incident.
H.R. 4240 directs the GAO to conduct an independent review of the
operation and administration of the TSDB, and subsets of the TSDB, to
assess: (1) whether past weaknesses have been address; and (2) the
extent to which existing vulnerabilities may be resolved or mitigated
through additional changes.
This legislation is drafted broadly, to allow the GAO to conduct a
comprehensive review not just of the TSDB's accuracy, but of its entire
operation and administration.
Following its study, the GAO will submit a report to the House and
Senate Judiciary Committees, with its findings and any recommendations
for improvements.
I would like to thank the many Members of this Committee who are co-
sponsors of H.R. 4240 and urge my colleagues to vote to send this
critical and timely bipartisan legislation to the House floor.
Mr. Speaker, I want to conclude by also thanking the many individuals
who work tirelessly to make the Terrorist Screening Center an asset to
our homeland security infrastructure.
We want to make certain that those men and women have the tools they
need to continue to keep this nation safe.
H.R. 4240 is the next step in ensuring that the screening and
watchlisting process works as it is intended.
I urge all of my colleagues to support this commonsense, bipartisan
measure.
Mr. Speaker, I reserve the balance of my time.
Mr. GOODLATTE. Mr. Speaker, I reserve the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, it is my privilege to yield such time
as he may consume to the gentleman from Michigan (Mr. Conyers), the
distinguished ranking member who now is the dean of this House.
Mr. CONYERS. Mr. Speaker, I thank the author of this bill, the
gentlewoman from Texas, who first saw the importance of it. I want to
tell you that this measure before us today strengthens the Terrorist
Screening Database maintained by the Federal Bureau of Investigation,
and in doing so, aids in our efforts to combat terrorism and keep our
Nation safe.
The FBI's Terrorist Screening Center helps to identify known and
suspected terrorists by integrating information collected by law
enforcement and the intelligence community.
Since its inception in 2003, this sophisticated watch list and
screening system has undoubtedly saved lives; but despite the work of
the dedicated individuals who make the screening database possible, the
system is not flawless. Past incidents, such as the 2009 Christmas Day
attempted attack on a Northwest Airlines flight bound for my hometown
of Detroit, already mentioned by the gentlewoman from Texas, has put a
spotlight on potential gaps in the system.
{time} 1400
Over the years since, the FBI has made significant improvements to
the database. Audits by the Department of Justice's Office of the
Inspector General reveal movement in the right direction; but, to date,
no independent review has been conducted to evaluate the sufficiency of
these changes.
H.R. 4240 addresses this precise issue by directing the Government
Accountability Office to conduct a review of the operation and
administration of the Terrorist Screening Database. This review will
assess whether past weaknesses have been eliminated and the extent to
which existing vulnerabilities may be addressed or mitigated
[[Page H2022]]
through additional changes. An independent audit will give us the tools
we need to make additional changes if necessary.
I want to commend, once again, the distinguished gentlewoman from
Texas, Sheila Jackson Lee, ranking member of the Subcommittee on Crime,
Terrorism, Homeland Security, and Investigations of the Judiciary
Committee, for her leadership on this important issue.
I also want to thank the chairman of the full committee, Chairman
Goodlatte, and former chairman of the Judiciary Committee, Chairman
Sensenbrenner, for their assistance in bringing this important
legislation to the floor today.
I join with all of those who are with us in supporting this measure.
Mr. GOODLATTE. Mr. Speaker, I continue to reserve the balance of my
time.
Ms. JACKSON LEE. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, in concluding, a lot of thanks go to, as I indicated,
the chairman, Chairman Goodlatte; Ranking Member Conyers; Mr.
Ratcliffe, who is a member of the committee; and my colleagues on
Homeland Security as well, who have a great interest in this
legislation.
Our commitment in this legislation is to leave no stone unturned, no
page unturned, and no iota of information that will be necessary to
make this list a more viable and secure list. That work now will be
done by this legislation, the No Fly for Foreign Fighters Act. It will
help to make the Terrorist Screening Center a further asset to our
Homeland Security infrastructure.
We want to make certain that those men and women have the tools they
need to continue to keep the Nation safe. With 30,000 foreign fighters
and others going every day, 250 Americans who have gone to the
caliphate, have gone to the fight, individuals who may have an interest
in returning to this country and doing us harm, doing us damage, I
believe H.R. 4240 is the next step in ensuring that the screening and
watch-listing process works as it was intended to have worked and works
without as many errors as possible--errorless, if you will--because
that is what we need to secure this Nation.
I urge all my colleagues to support this commonsense, bipartisan
measure.
I yield back the balance of my time.
Mr. GOODLATTE. Mr. Speaker, this is good legislation. It is common
sense to conduct a review of the terrorist watch-listing process.
I urge my colleagues to support the legislation.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Virginia (Mr. Goodlatte) that the House suspend the
rules and pass the bill, H.R. 4240, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________