[Congressional Record (Bound Edition), Volume 160 (2014), Part 10]
[Extensions of Remarks]
[Page 14032]
[From the U.S. Government Publishing Office, www.gpo.gov]




                       THE FTO REFORM ACT OF 2014

                                  _____
                                 

                           HON. PETER T. KING

                              of new york

                    in the house of representatives

                        Thursday, July 31, 2014

  Mr. KING of New York. Mr. Speaker, the United States Foreign 
Terrorist Organization List is widely recognized as a powerful tool in 
the fight against terrorist networks around the world. Designating a 
terrorist group as an ``FTO'' makes it clear that organizations that 
engage in terrorist activity should not be welcome in any civilized 
society, while the wide-ranging effects of designation can hamper a 
network's financing and operations. Often, when the United States adds 
an organization to the FTO List, they are leading the global community 
in taking on extremist groups willing to murder innocent civilians, and 
therefore, the value of a credible, potent, and reliable designation 
process is immense.
  The Secretary of State's role in managing the FTO List in accordance 
with Section 219 of the Immigration and Nationality act is complemented 
by consultation with the Attorney General and the Secretary of the 
Treasury. Each of these cabinet level officials plays a role in 
enforcing an FTO designation, and their assistance in considering 
potential additions to the list is absolutely vital. However, since the 
creation of the Department of Homeland Security (DHS)--which also has 
responsibility for many of the enforcement tools of FTO Designations--
the role of the Secretary of Homeland Security in the FTO process has 
not been codified in statute.
  As an example, DHS is the only Cabinet-level Department whose first 
three missions are the prevention of terrorism and enhancement of 
security; securing and managing borders; and enforcing and 
administering immigration laws. Each of these is a major component of 
the FTO List, which is designed to mitigate the terrorist threat and 
prevent members of designated organizations from entering the United 
States. Further, DHS already plays a significant role in assisting the 
Department of State in making FTO designations by providing information 
gathered by component agencies and DHS' Office of Intelligence and 
Analysis. The Immigration and Nationality Act should codify the reality 
of the responsibility DHS has to assist in these designations.
  Additionally, DHS personnel have a large presence in foreign 
countries, and DHS employees interact with individuals attempting to 
enter the United States thousands of times each day. DHS personnel 
contribute to screening FTO members who attempt to enter the United 
States.
  Homeland Security Investigations (HSI), an office within U.S. 
Immigrations and Customs Enforcement (ICE), is the second-largest 
federal investigative agency in the country. The National Security 
Investigation Division of HSI ``enhances national security through 
criminal investigations; prevents acts of terrorism by targeting 
people, money and materials that support terrorist and criminal 
activities; and identifies and eliminates vulnerabilities in the 
nation's border, economic, transportation and infrastructure 
security.'' This mission is intimately linked to the FTO list.
  Many recent FTO designations have been issued for groups that have 
already attacked U.S. interests, U.S. citizens, or the U.S. Homeland. 
At the same time, many of these organizations engaged in terrorist 
activity and have been viewed as terrorist networks long before their 
inclusion in the FTO list. Al Qaeda in the Arabian Peninsula, Tehrik-e-
Taliban Pakistan, Boko Haram, the Haqqani Network, and al Shabaab are 
some such examples. Yet the FTO list was intended to proactively 
respond to the threat of terrorism, and should be utilized as a weapon 
in the fight against all terrorist entities, not merely a declaration 
of the obvious and measure of last resort.
  With this in mind, it is important to balance the diplomatic concerns 
of the State Department with the law enforcement concerns of the 
Departments of Justice and Treasury, and the security concerns of the 
Department of Homeland Security. Terrorist groups, and their members, 
should be identified as terrorists and barred from the United States 
according to the threat they pose. Adding the Secretary of Homeland 
Security to the formal designation processes in statute will help 
achieve that goal.
  The FTO Reform Act of 2014 will strengthen the FTO process and ensure 
all relevant considerations are taken into account when considering 
potential FTO designations. Lastly, the bill enhances Congressional 
oversight and creates greater visibility into the impacts of these 
designations and how they are used.

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