[House Report 115-40]
[From the U.S. Government Publishing Office]


115th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                     {       115-40

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



 
       TERRORIST AND FOREIGN FIGHTER TRAVEL EXERCISE ACT OF 2017

                                _______
                                

 March 16, 2017.--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. 1302]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 1302) to require an exercise related to 
terrorist and foreign fighter travel, and for other purposes, 
having considered the same, report favorably thereon without 
amendment and recommend that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Committee Consideration..........................................     4
Committee Votes..................................................     4
Committee Oversight Findings.....................................     4
New Budget Authority, Entitlement Authority, and Tax Expenditures     4
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.........................................     6
Disclosure of Directed Rule Makings..............................     6
Advisory Committee Statement.....................................     6
Applicability to Legislative Branch..............................     7
Section-by-Section Analysis of the Legislation...................     7
Changes in Existing Law Made by the Bill, as Reported............     8

                          Purpose and Summary

    H.R. 1302, the Terrorist and Foreign Fighter Travel 
Exercise Act of 2017, requires the Secretary of Homeland 
Security, in coordination with relevant Federal departments and 
agencies, to develop and conduct an exercise related to the 
terrorist and foreign fighter threat. It also requires the 
Secretary to identify and report to Congress any weaknesses at 
home and abroad that may be exploited by terrorists and foreign 
fighters. Lastly, the bill requires that the National Exercise 
Program be designed to include emerging terrorist threats, such 
as the threat from foreign fighters.

                  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 (Committee Print 114-B). 
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 (FEMA) 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 since 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 on the United States 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.

                                Hearings

    The Committee did not hold any legislative hearings on H.R. 
1302; however, the Committee held the following oversight 
hearings:
    114th Congress
    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, U.S. 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.
    On September 14, 2016, the Committee held a hearing 
entitled ``Shutting Down Terrorist Pathways into America.'' The 
Committee received testimony from Hon. Francis X. Taylor, Under 
Secretary, Office of Intelligence and Analysis, U.S. Department 
of Homeland Security; Hon. Leon Rodriguez, Director, U.S. 
Citizenship and Immigration Services, U.S. Department of 
Homeland Security; Dr. Huban Gowadia, Deputy Administrator, 
Transportation Security Administration, U.S. Department of 
Homeland Security; Mr. Kevin McAleenan, Deputy Commissioner, 
U.S. Customs and Border Protection, U.S. Department of Homeland 
Security; and Mr. Daniel D. Ragsdale, Deputy Director, U.S. 
Immigrations and Customs Enforcement, U.S. Department of 
Homeland Security.
    On July 14, 2016, the Committee held a hearing entitled 
``Worldwide Threats to the Homeland: ISIS and the New Wave of 
Terror.'' The Committee received testimony from Hon. Jeh C. 
Johnson, Secretary, U.S. 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.

                        Committee Consideration

    The Committee met on March 8, 2017, to consider H.R. 1302, 
and ordered the measure to be reported to the House with a 
favorable recommendation, without amendment, by voice vote.

                            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. 1302.

                      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. 
1302, the Terrorist and Foreign Fighter Travel Exercise Act of 
2017, 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 13, 2017.
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. 1302, the 
Terrorist and Foreign Fighter Travel Exercise Act of 2017.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Robert Reese.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 1302--Terrorist and Foreign Fighter Travel Exercise Act of 2017

    H.R. 1302 would require the Federal Emergency Management 
Agency (FEMA) to develop and carryout national exercises 
designed 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 significantly affect the federal budget over the 
2018-2022 period because the new exercises would be integrated 
into existing programs.
    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 allocated approximately $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. Under the bill, 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.
    Enacting H.R. 1302 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
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 2028.
    H.R. 1302 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Robert Reese. 
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. 1302 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    This legislation ensures that the Secretary of Homeland 
Security, in coordination with relevant Federal departments and 
agencies, develops and conducts a terrorist and foreign fighter 
travel exercise. It also ensures that the Secretary identifies 
and reports to Congress any weaknesses at home and abroad that 
may be exploited by terrorists and foreign fighters.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 1302 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. 1302 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 1302 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 2017''.

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 within one year related to 
the terrorist and foreign fighter threat, in coordination with 
relevant Federal departments and agencies--either in addition 
to, or as part of, existing exercise programs.
            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 the 
Department to coordinate with appropriate Federal agencies, 
foreign governments, State and local stakeholders, and the 
private sector.
            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)--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 
will incorporate such terror threat scenarios into exercises on 
a more regular basis.

Sec. 4. No Additional Funds Authorized.

    This section ensures that no additional funds are 
authorized to carry out this Act, which shall be carried out 
using amounts already authorized.

         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 italics, 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

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             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 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
                  (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.

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