[House Report 114-423]
[From the U.S. Government Publishing Office]


114th Congress }                                         { Report
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                          { 114-423

======================================================================
 
                   FOREIGN FIGHTER REVIEW ACT OF 2016

                                _______
                                

 February 23, 2016.--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. 4402]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 4402) to require a review of information 
regarding persons who have traveled or attempted to travel from 
the United States to support terrorist organizations in Syria 
and Iraq, and for other purposes, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     3
Committee Consideration..........................................     4
Committee Votes..................................................     5
Committee Oversight Findings.....................................     5
New Budget Authority, Entitlement Authority, and Tax Expenditures     5
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.........................................     7
Disclosure of Directed Rule Makings..............................     7
Advisory Committee Statement.....................................     7
Applicability to Legislative Branch..............................     7
Section-by-Section Analysis of the Legislation...................     7
Changes in Existing Law Made by the Bill, as Reported............     8

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Foreign Fighter Review Act of 2016''.

SEC. 2. UNITED STATES GOVERNMENT REVIEW OF CERTAIN FOREIGN FIGHTERS.

  (a) Review.--Not later than 30 days after the date of the enactment 
of this Act, the President, acting through the Secretary of Homeland 
Security, shall initiate a review of known instances since 2011 in 
which a person has traveled or attempted to travel to a conflict zone 
in Iraq or Syria from the United States to join or provide material 
support or resources to a terrorist organization. Such review shall--
          (1) include relevant unclassified and classified information 
        held by the United States Government related to each instance;
          (2) ascertain which factors, including operational issues, 
        security vulnerabilities, systemic challenges, or other issues 
        that may have undermined efforts to prevent the travel of such 
        persons to a conflict zone in Iraq or Syria from the United 
        States, including the timely identification of suspects, 
        information sharing, intervention, and interdiction; and
          (3) identify lessons learned and areas for improvement to 
        prevent additional travel by such persons to a conflict zone in 
        Iraq or Syria, or other terrorist safe havens abroad, to join 
        or provide material support or resources to a terrorist 
        organization.
  (b) Information Sharing.--If necessary, the President shall direct 
the heads of relevant Federal agencies to provide the appropriate 
information necessary for the Secretary of Homeland Security to 
complete the review required under subsection (a).
  (c) Submission to Congress.--Not later than 120 days after the date 
of the enactment of this Act, the Secretary of Homeland Security shall, 
consistent with the protection of classified information, submit to the 
appropriate congressional committees the results of the review required 
under subsection (a), which may include information on travel routes of 
greatest concern.
  (d) Prohibition on Additional Funding.--No additional funds are 
authorized to be appropriated to carry out this section. This section 
shall be carried out using amounts otherwise appropriated or made 
available to the Department of Homeland Security.
  (e) Definitions.--In this section:
          (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                  (A) in the House of Representatives--
                          (i) the Committee on Homeland Security;
                          (ii) the Permanent Select Committee on 
                        Intelligence;
                          (iii) the Committee on the Judiciary;
                          (iv) the Committee on Armed Services;
                          (v) the Committee on Foreign Affairs;
                          (vi) the Committee on Financial Services; and
                          (vii) the Committee on Appropriations; and
                  (B) in the Senate--
                          (i) the Committee on Homeland Security and 
                        Governmental Affairs;
                          (ii) the Select Committee on Intelligence;
                          (iii) the Committee on the Judiciary;
                          (iv) the Committee on Armed Services;
                          (v) the Committee on Foreign Relations;
                          (vi) the Committee on Banking, Housing, and 
                        Urban Affairs; and
                          (vii) the Committee on Appropriations.
          (2) Material support or resources.--The term ``material 
        support or resources'' has the meaning given such term in 
        section 2339A of title 18, United States Code.

                          PURPOSE AND SUMMARY

    The purpose of H.R. 4402 is to require a review of 
information regarding persons who have traveled or attempted to 
travel from the United States to support terrorist 
organizations in Syria and Iraq, and for other purposes.

                  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. The report, produced by a 
bipartisan panel, included 32 findings and provided more than 
50 recommendations for enhancing U.S. security. Among other 
conclusions, the Task Force report found that ``despite 
concerted efforts to stem the flow, [the U.S. [G]overnment has] 
failed to stop Americans from traveling overseas to join 
jihadist organizations.
    Of the hundreds of Americans who have sought to travel to 
the conflict zone in Syria and Iraq, authorities have only 
interdicted a fraction of them. Several dozen have also managed 
to make it back into America.
    In fact, the Task Force report was only able to identify 28 
cases where U.S. individuals were stopped before leaving the 
United States--a small fraction of the total that have 
attempted to travel to the conflict zone. That number has since 
increased modestly, and a handful of others have been stopped 
at other stages of the journey. But the majority appear to have 
succeeded in reaching the conflict zone, with many joining 
jihadist groups. In fact, around 40 individuals have returned 
to the United States, with some going back and forth to the 
conflict zone multiple times. The Task Force report found that 
one suspect from Florida allegedly trained with extremists in 
Syria and returned to the United States for several months 
before heading back to the conflict zone. During that time, he 
was never on the radar screen of U.S. authorities.
    The Task Force report concluded that it was unacceptable 
that this many Americans have been able to make it to such a 
dangerous terrorist safe haven without being interdicted and 
that, by reviewing such instances, progress can be made to 
identify systemic weaknesses in the security architecture we 
have built into the U.S. travel system since 9/11. To-date, 
there has never been a comprehensive and coordinated 
Government-wide examination of these instances. Therefore, the 
Task Force report concluded that a deep-dive review is needed 
of all of the recent American foreign fighter incidents.
    H.R. 4402 requires such a review and the development of 
``lessons learned'' in order to prevent additional U.S. persons 
from traveling to the terrorist safe havens. The bill requires 
the President, via the Secretary of Homeland Security, to 
conduct the review with appropriate Federal agencies to 
identify vulnerabilities in the system, which have allowed 
travel for aspiring jihadists. It further requires the 
Secretary of Homeland Security to report back to Congress on 
the results of the review.

                                HEARINGS

    The Committee did not hold any hearings on H.R. 4408, 
however, the Committee held the following oversight hearings:
    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, 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.

                        COMMITTEE CONSIDERATION

    The Committee met on February 2, 2016, to consider H.R. 
4402, and ordered the measure to be reported to the House with 
a favorable recommendation, as amended, by voice vote.
    The following amendments were offered:

 An amendment by Ms. Jackson Lee (#1); was AGREED TO by voice 
vote.
     In section 2(c), insert before the period at the end the 
following: ``, which may include information on travel routes of 
greatest concern''.

                            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. 4402.

                      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. 
4402, the Foreign Fighter Review Act of 2016, 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, February 19, 2016.
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. 4402, the Foreign 
Fighter Review Act of 2016.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 4402--Foreign Fighter Review Act of 2016

    H.R. 4402 would require the Department of Homeland Security 
(DHS), within 120 days of the bill's enactment, to report to 
the Congress on instances since 2011 in which persons traveled 
or attempted to travel from the United States to Iraq or Syria 
to support terrorist organizations. The report also would 
evaluate any flaws in existing programs or procedures that aim 
to prevent such travel and identify ways to improve their 
effectiveness.
    Based on information from DHS, CBO estimates that 
implementing H.R. 4402 would cost less than $500,000 in 2016 
and would be subject to the availability of appropriated funds. 
Enacting the legislation would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
estimates that enacting H.R. 4402 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2027.
    H.R. 4402 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Mark Grabowicz. 
The estimate was approved by Theresa Gullo, 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. 4402 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    The goal of H.R. 4402 is to require the President, acting 
through the Secretary of Homeland Security, to conduct an end-
to-end review of instances since 2011 where individuals have 
attempted to travel from the United States to join jihadist 
groups in Syria and Iraq. By mandating such a review, the bill 
seeks to determine the primary factors that have allowed such 
individuals to successfully evade detection or interception en 
route to the conflict zone. H.R. 4402 requires these ``lessons 
learned'' to be provided to Congress, with the goal of making 
more informed adjustments to the U.S. security posture in order 
to prevent additional U.S. persons from traveling to enlist 
with terrorist organizations abroad.

                      DUPLICATIVE FEDERAL PROGRAMS

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 4402 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. 4402 does 
not preempt any State, local, or Tribal law.

                  DISCLOSURE OF DIRECTED RULE MAKINGS

    The Committee estimates that H.R. 4402 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 
``Foreign Fighter Review Act''.

Section 2.   United States Government review of certain foreign 
        fighters

            Subsection (a)--Review
    This subsection requires, not later than 30 days after 
enactment of this Act, the President, acting through the 
Secretary of Homeland Security, to conduct an end-to-end review 
of all known instances, since 2011, in which a person traveled 
or attempted to travel from the United States to a conflict 
zone in Iraq or Syria to join or provide material support or 
resources to a terrorist organization. The review shall 
include: all relevant information held by the U.S. Government; 
factors that may have undermined efforts to prevent the travel 
of such persons to Iraq or Syria; and lessons learned to 
prevent additional travel by such persons to Iraq, Syria, or 
other terrorist safe havens abroad.
            Subsection (b)--Information sharing
    This subsection directs the President to compel, if 
necessary, the heads of relevant Federal agencies to share with 
the Secretary of Homeland Security the appropriate information 
needed for the Secretary to complete the review required under 
subsection (a).
    The Committee anticipates the provision of appropriate 
information to the Secretary of Homeland Security by the 
Secretary of State, the Secretary of Defense, the Attorney 
General, the Secretary of the Treasury, and the Director of 
National Intelligence.
            Subsection (c)--Submission to Congress
    This subsection requires the Secretary of Homeland Security 
to submit the results of the review required under subsection 
(a) to the appropriate congressional committees within 120 days 
after the date of enactment of this Act.
    The subsection also permits the Secretary to include 
information on travel routes of greatest concern taken by 
foreign fighters into and out of the conflict zone. The 
Committee remains alarmed that aspiring extremists and trained 
jihadists continue to evade detection as they travel to places 
like Syria. Congress would be able to conduct even more 
effective oversight of these challenges with additional detail 
regarding how these routes are changing and affecting the 
ability of law enforcement and intelligence agencies to 
intercept terror suspects.
            Subsection (d)--Prohibition on additional funding
    This subsection requires the Secretary of Homeland Security 
to complete the review required under subsection (a) using 
funds already appropriated or made available to the Department 
of Homeland Security.
            Subsection (e)--Definitions
    This subsection defines the terms ``appropriate 
congressional committees'' and ``material support or 
resources''.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    As reported, H.R. 4402 makes no changes to existing law.

                                  [all]