[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.

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