[House Report 116-27]
[From the U.S. Government Publishing Office]


116th Congress }                                            { Report
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                            { 116-27

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       TERRORIST AND FOREIGN FIGHTER TRAVEL EXERCISE ACT OF 2019

                                _______
                                

 March 28, 2019.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Thompson of Mississippi, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1590]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 1590) 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..............................................     1
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Committee Consideration..........................................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
New Budget Authority, Entitlement Authority, and Tax Expenditures     3
Congressional Budget Office Estimate.............................     3
Federal Mandates Statement.......................................     3
Duplicative Federal Programs.....................................     3
Performance Goals and Objectives.................................     4
Advisory Committee Statement.....................................     4
Applicability to Legislative Branch..............................     4
Advisory on Earmarks.............................................     4
Section-by-Section Analysis of the Legislation...................     4
Changes in Existing Law Made by the Bill, as Reported............     5

                          Purpose and Summary

    H.R. 1590, the Terrorist and Foreign Fighter Travel 
Exercise Act of 2019, 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 the findings of 
such exercise, the Department's plan to incorporate any lessons 
learned into its operations and any proposed legislative 
changes informed by the exercise. Lastly, the bill requires 
that the National Exercise Program include emerging threats 
into its programming.

                  Background and Need for Legislation

    H.R. 1590, the ``Terrorist and Foreign Fighter Travel 
Exercise Act of 2019,'' is informed by the final report of the 
Committee on Homeland Security's Task Force on Combating 
Terrorist and Foreign Fighter Travel (Committee Print 114-B; 
issued in September 2015). The report included 32 findings and 
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 Task Force report recommended 
that the Administration conduct an exercise designed around the 
foreign fighter threat to test all phases of extremist planning 
and travel to determine how partners at all levels of 
government on the United States and abroad are currently 
responding to these scenarios. H.R. 1590 would fulfill this 
recommendation.
    Additionally, in 2018, the White House released the 
National Strategy to Combat Terrorism, outlining how the United 
States Government will expand coordination and maximize the 
full capabilities of Federal departments and agencies to 
identify, detect, and deter terrorists from transiting 
international borders. One of the Strategy's stated goals is to 
constrain and deter terrorist travel planning, facilitation, 
and mobilization through support of Federal, State, local and 
Tribal law enforcement, private sector partners and 
communities, and to enhance the collection, analysis, and 
sharing of intelligence and law enforcement terrorist 
information and data.
    H.R. 1590 directly compliments the National Strategy to 
Combat Terrorism by requiring the Secretary of Homeland 
Security, in coordination with appropriate Federal departments 
and agencies, to develop and conduct an exercise related to 
detection and prevention of terrorist and foreign fighter 
travel. It also requires the Secretary to produce an after-
action report to Congress, presenting the findings of the 
exercise and plans for quickly incorporating lessons learned 
into future operations of the Department. Finally, it requires 
that the National Exercise Program be designed to include 
emerging terrorist threats.
    The execution of this exercise would help relevant parties 
to be better positioned to address the threat of foreign 
fighters and security vulnerabilities that terrorists might 
seek to exploit.

                                Hearings

    The Committee did not hold any legislative hearings on H.R. 
1590; however, the Committee held eighteen hearings that 
addressed foreign fighter threats at the Subcommittee and Full 
Committee levels during the 114th and 115th Congresses.

                        Committee Consideration

    The Committee met on March 13, 2019, with a quorum being 
present, to consider H.R. 1590 and ordered the measure to be 
reported to the House with a favorable recommendation, without 
amendment, by unanimous consent.

                            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. 1590.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

                  Congressional Budget Office Estimate


             New Budget Authority, Entitlement Authority, 
                          and Tax Expenditures

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has requested 
but not received a cost estimate for this bill from the 
Director of Congressional Budget Office.
    The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.

                       Federal Mandates Statement

    An estimate of Federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 1590 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
1590 would 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.

                      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.

                          Advisory on Earmarks

    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(d), 9(e), or 9(f) of the rule 
XXI.

             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 2019''.

Sec. 2. Exercise on terrorist and foreign fighter travel

    This section requires the Secretary of Homeland Security to 
develop and conduct an exercise related to the prevention of 
terrorist and foreign fighter travel that could be integrated 
into an existing exercise or augment one. This section requires 
that the exercise include scenarios involving individuals 
traveling to join terrorist organizations (i.e. foreign 
fighters) or provide material support or resources to terrorist 
organizations overseas and terrorist infiltration into the 
United States. It also requires the Department to coordinate 
with appropriate Federal agencies, foreign governments, and 
State, local, Tribal, and territorial agencies, including law 
enforcement agencies and representatives from the National 
Network of Fusion Centers, as well as coordination with 
appropriate private sector and community stakeholders. Finally, 
the section 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 the initial findings of such 
exercise, plans for quickly incorporating lessons learned into 
future operations of the Department of Homeland Security, and 
any proposed legislative changes informed by such exercise.

Sec. 3. Emerging threats in the National Exercise Program

    This section adds an additional requirement to the National 
Exercise Program that it shall conduct national exercises that 
test the nation's ability to respond to emerging threats.

         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 (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




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TITLE VI--NATIONAL EMERGENCY MANAGEMENT

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             Subtitle C--Comprehensive Preparedness System

CHAPTER 1--NATIONAL PREPAREDNESS SYSTEM

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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 and emerging 
                        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
                  (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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