[Congressional Record Volume 162, Number 111 (Monday, July 11, 2016)]
[House]
[Pages H4597-H4600]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       TERRORIST AND FOREIGN FIGHTER TRAVEL EXERCISE ACT OF 2016

  Ms. McSALLY. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4404) to require an exercise related to terrorist and 
foreign fighter travel, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4404

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Terrorist and Foreign 
     Fighter Travel Exercise Act of 2016''.

     SEC. 2. EXERCISE ON TERRORIST AND FOREIGN FIGHTER TRAVEL.

       (a) In General.--In addition to, or as part of exercise 
     programs currently carried out by the Department of Homeland 
     Security, to enhance domestic preparedness for and collective 
     response to terrorism, promote the dissemination of homeland 
     security information, and test the security posture of the 
     United States, the Secretary of Homeland Security, through 
     appropriate offices and components of the Department and in 
     coordination with the relevant Federal departments and 
     agencies, shall, not later than one year after the date of 
     the enactment of this Act, develop and conduct an exercise 
     related to the terrorist and foreign fighter threat.
       (b) Exercise Requirements.--The exercise required under 
     subsection (a) shall include--
       (1) a scenario involving--
       (A) persons traveling from the United States to join or 
     provide material support or resources to a terrorist 
     organization abroad; and
       (B) terrorist infiltration into the United States, 
     including United States citizens and foreign nationals; and

[[Page H4598]]

       (2) coordination with appropriate Federal departments and 
     agencies, foreign governments, and State, local, tribal, 
     territorial, and private sector stakeholders.
       (c) Report.--Not later than 60 days after the completion of 
     the exercise required under subsection (a), the Secretary of 
     Homeland Security shall, consistent with the protection of 
     classified information, submit an after-action report to the 
     Committee on Homeland Security of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate presenting the initial 
     findings of such exercise, including any identified or 
     potential vulnerabilities in United States defenses and any 
     legislative changes requested in light of the findings. The 
     report shall be submitted in unclassified form, but may 
     include a classified annex.
       (d) Prohibition on Additional Funding.--No additional funds 
     are authorized to be appropriated to carry out this section.
       (e) Definition.--In this section, the term ``material 
     support or resources'' has the meaning given such term in 
     section 2339A of title 18, United States Code.

     SEC. 3. EMERGING THREATS IN THE NATIONAL EXERCISE PROGRAM.

       Subparagraph (A) of section 648(b)(2) of the Post-Katrina 
     Emergency Management Reform Act of 2006 (6 U.S.C. 748(b)(2)) 
     is amended--
       (1) in clause (v), by striking ``and'' at the end; and
       (2) by adding after clause (vi) the following new clause:
       ``(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''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Arizona (Ms. McSally) and the gentleman from Massachusetts (Mr. 
Keating) each will control 20 minutes.
  The Chair recognizes the gentlewoman from Arizona.


                             General Leave

  Ms. McSALLY. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and to 
include any extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Arizona?
  There was no objection.
  Ms. McSALLY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 4404, the Terrorist and 
Foreign Fighter Travel Exercise Act. This legislation furthers the 
efforts that I and several of my colleagues on the House Homeland 
Security Committee have been engaged in for much of the 114th Congress 
as members of the bipartisan Task Force on Combating Terrorist and 
Foreign Fighter Travel.
  For 6 months, our task force investigated our security 
vulnerabilities and the threat posed by ISIS. Our work produced 32 key 
findings and over 50 recommendations to make Americans safer.
  In our findings, the task force found that the growing complexity and 
changing nature of the foreign fighter phenomenon 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 when the Federal Emergency Management Agency, or FEMA, conducted 
an exercise focused 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 objective of that exercise was to determine how government 
agencies at all levels would respond in such an environment. However, 
the threat environment in 2016 has changed considerably, and relying on 
information gathered during an exercise that took place 7 years ago is 
simply unacceptable and puts American lives at risk.
  The exercise conducted in 2009 also focused primarily on terrorists 
attempting to infiltrate the United States from overseas. However, our 
task force found that officials today should be just as concerned about 
Americans leaving the country to train overseas with terrorist groups 
as foreign fighters.
  The ability of these hardened fighters to then return to the United 
States is a legitimate security threat to the homeland. Catching 
individuals who are looking to join the ranks and train with ISIS and 
other terrorist organizations prior to their initial departure is 
equally important, and it should be a goal for law enforcement as well.

                              {time}  1545

  As such, H.R. 4404 would require that the Obama administration 
conduct an exercise to evaluate the Nation's preparedness against all 
phases of foreign fighter planning and travel. Carrying out such a test 
would be beneficial in understanding how partners at all levels of 
government--and abroad--are currently responding to these scenarios.
  The feeble response to ISIS by this administration is irresponsible, 
and we must take decisive action to defeat this threat that they and 
other terrorist organizations pose to us.
  The findings of the exercise required by this legislation will 
identify weaknesses at home and abroad that might be exploited by 
terrorists and foreign fighters, particularly to infiltrate the United 
States to conduct attacks. These findings will also be provided to 
Congress and Federal law enforcement and intelligence officials and 
provide information on how we can best address these weaknesses.
  I am pleased that over the last several months, the House has passed 
numerous pieces of legislation that were products of this bipartisan 
task force's work, including some recommendations that are now law. 
Passage of the Terrorist and Foreign Fighter Travel Exercise Act today 
represents continued action by this body to fight against ISIS and 
ensure we keep Americans safe.
  I want to thank Chairman McCaul and Ranking Member Thompson for 
establishing the Task Force on Combating Terrorist and Foreign Fighter 
Travel. I would also like to thank the chairman of the task force, 
Congressman Katko, for his leadership and the other Members who served 
on the task force for their continued dedication to seeing our 
recommendations through.
  I look forward to implementation of many more of the task force's 
findings. I urge all Members to join me in supporting this commonsense, 
bipartisan bill.
  Mr. Speaker, I reserve the balance of my time.

         Committee on Transportation and Infrastructure, House of 
           Representatives,
                                    Washington, DC, March 9, 2016.
     Hon. Michael McCaul,
     Chairman, Committee on Homeland Security,
     Washington, DC.
       Dear Chairman McCaul: I write concerning H.R. 4404, the 
     ``Terrorist and Foreign Fighter Travel Exercise Act of 
     2016''. This legislation, as amended by the Committee on 
     homeland Security, includes matters that fall within the Rule 
     X jurisdiction of the Committee on Transportation and 
     Infrastructure.
       In order to expedite Floor consideration of H.R. 4404, the 
     Committee on Transportation and Infrastructure will forgo 
     action on this bill. However, this is conditional on our 
     mutual understanding that forgoing consideration of the bill 
     does not prejudice the Committee with respect to the 
     appointment of conferees or to any future jurisdictional 
     claim over the subject matters contained in the bill or 
     similar legislation that fall within the Committee's Rule X 
     jurisdiction. I request you urge the Speaker to name members 
     of the Committee to any conference committee named to 
     consider such provisions.
       Please place a copy of this letter and your response 
     acknowledging our jurisdictional interest in the Committee 
     report for H.R. 4404, as well as in the Congressional Record 
     dining House Floor consideration of the bill. I look forward 
     to working with the Committee on Homeland Security as the 
     bill moves through the legislative process.
           Sincerely,
                                                     Bill Shuster,
     Chairman.
                                  ____

                                         House of Representatives,


                               Committee on Homeland Security,

                                   Washington, DC, March 11, 2016.
     Hon. Bill Shuster,
     Chairman, Committee on Transportation and Infrastructure, 
         Washington, DC.
       Dear Chairman Shuster: Thank you for your letter regarding 
     H.R. 4404, the ``Terrorist and Foreign Fighter Travel 
     Exercise Act of 2016.'' I appreciate your support in bringing 
     this legislation before the House of Representatives, and 
     accordingly, understand that the Committee on Transportation 
     and Infrastructure will forego consideration of the bill.
       The Committee on Homeland Security concurs with the mutual 
     understanding that by foregoing consideration on this bill at 
     this time, the Committee on Transportation and Infrastructure 
     does not waive any jurisdiction over the subject matter 
     contained in

[[Page H4599]]

     this bill or similar legislation in the future. In addition, 
     should a conference on this bill be necessary, I would 
     support a request by the Committee on Transportation and 
     Infrastructure for conferees on those provisions within your 
     jurisdiction.
       I will insert copies of this exchange in the Congressional 
     Record during consideration of this bill on the House floor. 
     I thank you for your cooperation in this matter.
           Sincerely,
                                                Michael T. McCaul,
                                                         Chairman.

  Mr. KEATING. I yield myself such time as I may consume.
  Mr. Speaker, I rise today in strong support of H.R. 4404, the 
Terrorist and Foreign Fighter Travel Exercise Act, sponsored by the 
gentlewoman from Arizona (Ms. McSally), a colleague on the Committee on 
Homeland Security.
  Mr. Speaker, the threats our communities face are evolving rapidly, 
and we need to make sure our communities are prepared to respond. My 
community knows all too well the benefit exercises have on the ability 
of first responders to do their jobs safely and effectively.
  The year before the Boston Marathon bombings, through the UASI grant, 
Boston participated in Urban Shield, a 24-hour exercise during which 
responders were rotated through various training scenarios. More than 
1,800 emergency response personnel from over 50 Federal, State, and 
local agencies participated. The goal of Urban Shield was to assess 
capabilities achieved through grant investments, improve proficiency at 
core capabilities, and identify capability gaps.
  Prior to that, the city of Boston participated in a Joint 
Counterterrorism Awareness Workshop, where more than 200 participants 
from Federal, State, and local governments took part in a 24-hour-long 
integrated response exercise in which multiple coordinated assaults 
were simulated, much like the terrorist attacks in India in November of 
2008.
  Regarding that 2011 exercise, then-Police Commissioner Ed Davis said: 
``This workshop is like no other terrorism training exercise in which 
I've participated. The diversity of voices provides for robust and 
honest discussion about the common challenges we face--and new 
solutions necessary to address them.''
  These and other exercises supported by the Urban Areas Security 
Initiative grant funds are what prepared our first responders to 
respond so bravely and heroically and effectively to the Boston 
Marathon bombings.
  As we are learning through events in San Bernardino, Orlando, and 
abroad, the tactics of our adversaries are constantly changing, and we 
must ensure our first responders have the training they need to address 
them.
  H.R. 4404 requires the DHS Secretary to carry out an exercise related 
to terrorist and foreign fighter travel. Additionally, the bill ensures 
that FEMA and FEMA's National Exercise Program includes scenarios 
designed, to the extent practicable, to include emerging terrorist 
threats.
  To be clear, this language would not require FEMA's National Exercise 
Program to focus exclusively on terrorist threats but, rather, seeks to 
ensure that FEMA continues to develop exercises that are responsive to 
threats as they emerge.
  In light of recent events, it is critical that we emphasize 
preparedness to evolving terrorist threats. I urge my colleagues to 
support H.R. 4404.
  Mr. Speaker, one thing we learned in the aftermath of the Boston 
Marathon bombings is that training and preparatory exercises contribute 
to preparedness. The lessons learned from the first responder exercise 
that occurred in Boston prior to the bombings saved lives.
  I urge my colleagues to support H.R. 4404 so that our first 
responders will continue to benefit from exercises that are responsive 
to the evolving threat environment.
  I thank the gentlewoman from Arizona (Ms. McSally) for her work in 
this regard. I am proud to be a cosponsor and proud to have the 
bipartisan effort that we do, as a whole, in the Committee on Homeland 
Security to try to work hard together to make our country safer.
  Mr. Speaker, I yield back the balance of my time.
  Ms. McSALLY. Mr. Speaker, I once again urge my colleagues to support 
H.R. 4404.
  I thank the gentleman from Massachusetts and our other colleagues for 
their cosponsorship of this.
  I yield back the balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, I rise today in support of H.R. 4404, 
the Terrorist and Fighter Travel Exercise Act of 2016, which requires 
the Department of Homeland Security to develop and conduct an exercise 
related to the terrorist and foreign fighter threat in order to enhance 
domestic preparedness for the collective response to terrorism.
  As a senior member of the House Committee on Homeland Security and 
Ranking Member of the Judiciary Subcommittee on Crime, Terrorism, 
Homeland Security, and Investigations, I understand that threats to 
homeland security are increasing and being prepared to defeat them is 
of the utmost importance.
  It is estimated that 250 U.S. citizens are among the number of 
foreign recruits who have traveled to Syria since the beginning of the 
conflict.
  In 2014, the total number of foreign fighters entering Syria was 
estimated to be 14,000.
  This disturbing news coupled with the massive migration of people 
seeking to flee from war torn Syria now entering Europe by the 
thousands raises important concerns regarding security.
  H.R. 4404 requires the Federal Emergency Management Agency (FEMA) to 
develop and carry out national exercises to evaluate the nation's 
preparedness against the threat of foreign fighters and terrorists.
  Under this legislation, FEMA would develop and conduct an exercise to 
test the ability to respond to the threat of persons leaving the United 
States to provide material or support to terrorist organizations or of 
foreign fighters attempting to enter the United States.
  I have on several prior occasions outlined several areas of 
particular concern regarding Worldwide Threats and Homeland Security 
Challenges.
  The United States has seen several instances of domestic terrorism at 
the hands of U.S. citizens within our borders, such as the tragedies in 
San Bernardino, Orlando, and most recently, Dallas.
  In response to these tragedies, it is our duty to address issues 
surrounding domestic violence at the hands of extremists and the 
availability of assault weapons.
  H.R. 4404 is a positive step in the right direction and I urge its 
support by all members.
  Mr. DeFAZIO. Mr. Speaker, I rise to express concern with a provision 
of H.R. 4404, the ``Terrorist and Foreign Fighter Travel Exercise Act 
of 2016'', as amended.
  Although I appreciate the intent of this legislation, I believe 
section 3 of the bill should be clarified to avoid unintended 
consequences.
  The Federal Emergency Management Agency's (FEMA) National Exercise 
Program (Program) tests and evaluates the Nation's preparedness goal, 
systems, plans and strategies for all hazards. The main objective of 
the Program is to examine and validate core capabilities to perform 
missions and functions that prevent, protect against, respond to, 
recover from, and mitigate all hazards. All hazards include terrorist 
attacks. From the outcome of the exercises, we are able to determine 
the progress made in reaching the National Preparedness Goal.
  I am concerned because H.R. 4404 may be interpreted to mandate that 
the Program focus on emerging terrorist threats. On its face, the 
provision mandating that FEMA shall, to the extent practicable, design 
the Program to include emerging terrorist threats could be interpreted 
to limit FEMA's ability to design exercises for all hazards, instead 
requiring a specific scenario for Program exercises. I do not believe 
that this is Congress' intent and urge FEMA to interpret the bill 
broadly.
  Natural disasters cause devastating impacts to our citizens, 
communities, and the Nation as a whole. Each year, the Federal 
Government spends hundreds of millions of dollars (if not billions of 
dollars) responding to and recovering from weather-related events. The 
amount that the Federal Government spends on natural disasters is 
increasing as a percentage of our gross domestic product and as a 
percentage of the Federal budget.
  Being prepared for these events helps the Nation reduce injury, 
death, and property damage. We need to ensure that the National 
Exercise Program continues to test our preparedness for natural events.
  Similarly, testing our capabilities for emerging terrorist threats is 
a worthy endeavor. It should and already does occur. I do not believe 
that the intent of section 3 of the bill is that all Program exercises 
must include emerging terrorist threats. Rather, the bill provides that 
our capabilities to handle emerging terrorist threats can and should be 
tested within the Program. Any other interpretation would undermine the 
progress that the Nation has made to prepare for all hazards, including 
natural disasters and terrorist attacks.
  In addition, it should be noted that FEMA is already required, at 
least once every two years, to perform a national level exercise to 
test and evaluate the Nation's capability to detect, disrupt, and 
prevent threatened or actual

[[Page H4600]]

catastrophic acts of terrorism, or to test and evaluate the readiness 
of governments to respond to and recover from catastrophic incidents. 
Both of these requirements can include exercises for emerging terrorist 
threats.
  As this bill moves to the other body, I hope that we can work 
together to clarify the purpose and intent of section 3 of this 
legislation.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Arizona (Ms. McSally) that the House suspend the rules 
and pass the bill, H.R. 4404, 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.

                          ____________________