[House Report 114-456]
[From the U.S. Government Publishing Office]


114th Congress   }                                      {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                      {      114-456

======================================================================



 
       TERRORIST AND FOREIGN FIGHTER TRAVEL EXERCISE ACT OF 2016

                                _______
                                

 March 16, 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. 4404]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 4404) to require an exercise related to 
terrorist and foreign fighter travel, 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..................................................     4
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.......................................     7
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
Committee Correspondence.........................................    10

    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 ``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
          (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. This section 
shall be carried out using amounts otherwise appropriated or made 
available to the Department of Homeland Security.
  (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 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''.

                          Purpose and Summary

    The purpose of H.R. 4404 is to require an exercise related 
to terrorist and foreign fighter travel, 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, issued 32 findings and provided more than 50 
recommendations for enhancing U.S. security. Among other 
conclusions, the Task Force report found that the growing 
complexity and changing nature of the foreign fighter security 
challenge 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. That year, the Federal Emergency Management 
Agency managed an exercise centered 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 exercise 
tested how agencies at all levels of government would respond 
in such a scenario.
    The threat environment has changed. The 2009 exercise 
centered on terrorists attempting to enter the country, but as 
the Task Force report noted, officials today should be just as 
concerned about Americans leaving the country to train overseas 
with terrorist groups as foreign fighters. Such individuals can 
represent a serious security threat to the United States, 
particularly upon their return to the country; thus, preventing 
them from joining extremists abroad in the first place should 
be a top law enforcement goal.
    Accordingly, the Task Force report recommended that the 
Administration should conduct an exercise designed around the 
foreign fighter threat to test all phases of extremist planning 
and travel in order to determine how partners at all levels of 
government and abroad are currently responding to these 
scenarios. Such an exercise would help identify weaknesses at 
home and abroad that may be exploited by terrorists and foreign 
fighters seeking to travel to and from the United States and 
overseas terrorist sanctuaries.
    H.R. 4404 requires the Secretary of Homeland Security to 
coordinate such an exercise with appropriate Federal agencies 
to identify weaknesses at home and abroad that may be exploited 
by terrorists and foreign fighters, particularly to infiltrate 
the United States to conduct attacks. The findings are required 
to be provided to Congress.

                                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. 
4404, 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 Mr. Payne (#1); was AGREED TO by voice vote.
     At the end of the bill, add a new section entitled ``Sec. 3. 
Emerging Threats in the National Exercise Program.''

                            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. 4404.

                      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. 
4404, the Terrorist and Foreign Fighter Travel Exercise 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, March 8, 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. 4404, the 
Terrorist and Foreign Fighter Travel Exercise Act of 2016.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Aurora 
Swanson.
            Sincerely,
                                              Keith Hall, Director.
    Enclosure.

H.R. 4404--Terrorist and Foreign Fighter Travel Exercise Act of 2016

    H.R. 4404 would require the Federal Emergency Management 
Agency (FEMA) to develop and carryout national exercises to 
evaluate the nation's preparedness against the threat of 
foreign fighters and terrorists. Based on information from 
FEMA, CBO estimates that implementing the legislation would not 
affect the federal budget over the 2017-2021 period because the 
new exercises would be integrated into existing programs.
    Because enacting H.R. 4404 would not affect direct spending 
or revenues, pay-as-you-go procedures do not apply. CBO also 
estimates that enacting the bill would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2027.
    Under current law, at least every two years, the agency 
conducts a national exercise to evaluate the preparedness of 
federal, state, local, and tribal governments to respond to 
catastrophic events--including acts of terrorism--in a 
coordinated manner. The agency received an appropriation of 
$112 million in fiscal year 2016 for such activities including 
education and training efforts related to the ability to 
respond to emergencies.
    Under the bill, the agency would develop and conduct an 
exercise to test the ability to respond to the threat of 
persons leaving the United States to join or provide material 
support to terrorist organizations or of foreign fighters 
attempting to enter the United States. The agency also would be 
required to integrate those exercises into the national 
exercises carried out every two years under current law. Based 
on information from FEMA, CBO estimates that the agency would 
develop and integrate the new exercises into existing 
preparedness activities and would incur no significant 
additional costs.
    H.R. 4404 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Aurora Swanson. 
The estimate was approved by H. Samuel Papenfuss Deputy 
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. 4404 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    The goal of H.R. 4404 is to require the Secretary of 
Homeland Security to conduct an exercise to test U.S. 
protections against all major phases of terrorist travel. The 
Secretary must hold an exercise which involves attempted 
terrorist infiltration into the United States, as well as 
attempts by individuals in the United States to travel abroad 
to join foreign terrorist organizations. In cooperation with 
government agencies at all levels and foreign partners, the aim 
of this exercise is to determine whether counterterrorism 
coordination is adequate to combat the threat and to determine 
whether there are weaknesses that can be addressed to better 
deter, detect, and disrupt terrorist travel. The Secretary is 
required to report to Congress on the results of this review, 
as well as any legislative action requested which may help 
address security gaps. The bill further requires that such 
exercise scenarios be included, to the extent practicable, in 
an ongoing basis as part of the national exercise program.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of Rule XIII, the Committee finds 
that H.R. 4404 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. 4404 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 4404 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 
``Terrorist and Foreign Fighter Travel Exercise Act of 2016''.

Sec. 2.   Exercise on Terrorist and Foreign Fighter Travel.

            Subsection (a)--In General.
    This subsection requires the Secretary of Homeland Security 
to develop and conduct an exercise related to the terrorist and 
foreign fighter threat within one year and in coordination with 
relevant Federal departments and agencies--either in addition 
to, or as part of, existing exercise programs.
    While the Committee has provided the Secretary with the 
flexibility to either incorporate this requirement into planned 
National Level Exercises or as a separate activity, the 
Committee believes that given the urgent nature of the threat, 
the Department should conduct this exercise as soon as 
practicable.
            Subsection (b)--Exercise Requirements.
    This subsection requires that the exercise include 
scenarios involving individuals traveling to join terrorist 
organizations overseas (i.e. foreign fighters) and terrorist 
infiltration into the United States. It also requires DHS to 
coordinate with appropriate Federal agencies, foreign 
governments, state and local stakeholders, and the private 
sector.
    The Committee strongly recommends, to the degree 
practicable, this exercise test the performance of suspicious 
activity reporting, countering violent extremism programs, 
intelligence information sharing, watchlisting, traveler 
screening, border security, law enforcement response and 
interdiction, and other aspects of deterring, detecting, and 
disrupting terrorist and foreign fighter travel.
            Subsection (c)--Report.
    This subsection requires the Secretary to submit an after-
action report to the House Homeland Security Committee and 
Senate Homeland Security and Governmental Affairs Committee 
within 60 days of the exercise, detailing any identified or 
potential vulnerabilities in U.S. defenses and any requested 
legislative changes.
            Subsection (d)--Prohibition on Additional Funding.
    This subsection requires the Secretary of Homeland Security 
to complete the exercise and report required under this Act 
using funds already appropriated or made available to the 
Department of Homeland Security.
            Subsection (e)--Definition.
    This subsection defines the term ``material support or 
resources.''

Sec. 3.   Emerging Threats in the National Exercise Program.''

    This sections adds an additional requirement to the 
National Exercise Program that it shall be designed, to the 
extent practicable, to include emerging terrorist threats, such 
as the threat from foreign fighters.
    This section ensures that the exercise required in section 
2 is not simply a ``one-off'' and that, going forward, the 
Department of Homeland Security incorporates such terror threat 
scenarios into exercises on a more regular basis. The Committee 
believes the requirement will ensure the U.S. Government is 
able to identify and address security vulnerabilities, 
especially before terrorists do.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

          POST-KATRINA EMERGENCY MANAGEMENT REFORM ACT OF 2006




           *       *       *       *       *       *       *
TITLE VI--NATIONAL EMERGENCY MANAGEMENT

           *       *       *       *       *       *       *


             Subtitle C--Comprehensive Preparedness System

CHAPTER 1--NATIONAL PREPAREDNESS SYSTEM

           *       *       *       *       *       *       *



SEC. 648. TRAINING AND EXERCISES.

  (a) National Training Program.--
          (1) In general.--Beginning not later than 180 days 
        after the date of enactment of this Act, the 
        Administrator, in coordination with the heads of 
        appropriate Federal agencies, the National Council on 
        Disability, and the National Advisory Council, shall 
        carry out a national training program to implement the 
        national preparedness goal, National Incident 
        Management System, National Response Plan, and other 
        related plans and strategies.
          (2) Training partners.--In developing and 
        implementing the national training program, the 
        Administrator shall--
                  (A) work with government training facilities, 
                academic institutions, private organizations, 
                and other entities that provide specialized, 
                state-of-the-art training for emergency 
                managers or emergency response providers; and
                  (B) utilize, as appropriate, training courses 
                provided by community colleges, State and local 
                public safety academies, State and private 
                universities, and other facilities.
  (b) National Exercise Program.--
          (1) In general.--Beginning not later than 180 days 
        after the date of enactment of this Act, the 
        Administrator, in coordination with the heads of 
        appropriate Federal agencies, the National Council on 
        Disability, and the National Advisory Council, shall 
        carry out a national exercise program to test and 
        evaluate the national preparedness goal, National 
        Incident Management System, National Response Plan, and 
        other related plans and strategies.
          (2) Requirements.--The national exercise program--
                  (A) shall be--
                          (i) as realistic as practicable, 
                        based on current risk assessments, 
                        including credible threats, 
                        vulnerabilities, and consequences, and 
                        designed to stress the national 
                        preparedness system;
                          (ii) designed, as practicable, to 
                        simulate the partial or complete 
                        incapacitation of a State, local, or 
                        tribal government;
                          (iii) carried out, as appropriate, 
                        with a minimum degree of notice to 
                        involved parties regarding the timing 
                        and details of such exercises, 
                        consistent with safety considerations;
                          (iv) designed to provide for the 
                        systematic evaluation of readiness and 
                        enhance operational understanding of 
                        the incident command system and 
                        relevant mutual aid agreements;
                          (v) designed to address the unique 
                        requirements of populations with 
                        special needs, including the elderly; 
                        [and]
                          (vi) designed to promptly develop 
                        after-action reports and plans for 
                        quickly incorporating lessons learned 
                        into future operations; and
                          (vii) designed, to the extent 
                        practicable, to include 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
                  (B) shall include a selection of model 
                exercises that State, local, and tribal 
                governments can readily adapt for use and 
                provide assistance to State, local, and tribal 
                governments with the design, implementation, 
                and evaluation of exercises (whether a model 
                exercise program or an exercise designed 
                locally) that--
                          (i) conform to the requirements under 
                        subparagraph (A);
                          (ii) are consistent with any 
                        applicable State, local, or tribal 
                        strategy or plan; and
                          (iii) provide for systematic 
                        evaluation of readiness.
          (3) National level exercises.--The Administrator 
        shall periodically, but not less than biennially, 
        perform national exercises for the following purposes:
                  (A) To test and evaluate the capability of 
                Federal, State, local, and tribal governments 
                to detect, disrupt, and prevent threatened or 
                actual catastrophic acts of terrorism, 
                especially those involving weapons of mass 
                destruction.
                  (B) To test and evaluate the readiness of 
                Federal, State, local, and tribal governments 
                to respond and recover in a coordinated and 
                unified manner to catastrophic incidents.

           *       *       *       *       *       *       *


                        Committee Correspondence

        Committee on Transportation and Infrastructure, 
            House of Representatives,
                                    Washington, DC, March 10, 2016.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
Ford House Office Building, 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 Congressional 
Record during 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,
Rayburn House Office Building, 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 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.

                                  [all]