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Calendar No. 109
116th Congress } { Report
SENATE
1st Session } { 116-44
_______________________________________________________________________
TERRORIST AND FOREIGN FIGHTER TRAVEL EXERCISE ACT OF 2019
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
H.R. 1590
TO REQUIRE AN EXERCISE RELATED TO TERRORIST AND
FOREIGN FIGHTER TRAVEL, AND FOR OTHER PURPOSES
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
June 5, 2019.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
89-010 WASHINGTON : 2019
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
RON JOHNSON, Wisconsin, Chairman
ROB PORTMAN, Ohio GARY C. PETERS, Michigan
RAND PAUL, Kentucky THOMAS R. CARPER, Delaware
JAMES LANKFORD, Oklahoma MAGGIE HASSAN, New Hampshire
MITT ROMNEY, Utah KAMALA D. HARRIS, California
RICK SCOTT, Florida KYRSTEN SINEMA, Arizona
MICHAEL B. ENZI, Wyoming JACKY ROSEN, Nevada
JOSH HAWLEY, Missouri
Gabrielle D'Adamo Singer, Staff Director
Joseph C. Folio, III, Chief Counsel
Michael J. Lueptow, Chief Counsel for Homeland Security
David M. Weinberg, Minority Staff Director
Zachary I. Schram, Minority Chief Counsel
Julie G. Klein, Minority National Security Advisor
Laura W. Kilbride, Chief Clerk
Calendar No. 109
116th Congress } { Report
SENATE
1st Session } { 116-44
======================================================================
TERRORIST AND FOREIGN FIGHTER TRAVEL EXERCISE ACT OF 2019
_______
June 5, 2019.--Ordered to be printed
_______
Mr. Johnson, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany H.R. 1590]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the Act (H.R. 1590) to require
an exercise related to terrorist and foreign fighter travel,
and for other purposes, having considered the same, reports
favorably thereon without amendment and recommends that the
bill do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and Need for the Legislation..........................2
III. Legislative History..............................................4
IV. Section-by-Section Analysis......................................4
V. Evaluation of Regulatory Impact..................................5
VI. Congressional Budget Office Cost Estimate........................5
VII. Changes in Existing Law Made by the Act, as Reported.............6
I. Purpose and Summary
The purpose of H.R. 1590, the Terrorist and Foreign Fighter
Travel Exercise Act of 2019, is to require the Department of
Homeland Security (the Department) to, in coordination with
other Federal agencies and stakeholders, develop and conduct an
exercise related to the threats posed by the travel of
terrorists or foreign fighters. The Act also requires the
Department to provide a report to Congress upon the completion
of the exercise detailing any lessons learned from the
exercise.
II. Background and the Need for Legislation
In December 2018, President Trump issued the National
Strategy to Combat Terrorist Travel. The national strategy is
``an integrated plan to ensure the United States stops
terrorist attempts to travel to conduct attacks on the
homeland.''\1\ The national strategy includes three goals: to
``identify and deter terrorists before they travel,'' to
``detect and interdict terrorists during their travel,'' and to
``enhance travel security capabilities and capacity of foreign
partners.''\2\ This Act will further the goals of the national
strategy by bringing together local, state, Federal, and
foreign law enforcement and other stakeholders in an exercise
to build national and international preparedness in the
detection and prevention of terrorist and foreign fighter
travel.\3\
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\1\National Strategy to Combat Terrorist Travel (Dec. 2018),
available at https://www.whitehouse.gov/wp-content/uploads/2019/02/
NSCTT-Signed.pdf.
\2\Id.
\3\In addition, this Act conforms to the recommendation of the Task
Force on Combating Terrorist and Foreign Fighter Travel that there
should be a ``[n]ational-level exercise series designed around the
foreign fighter threat to test all phases of extremist planning and
travel to determine how partners at all levels of Government--and
abroad--are currently responding to these scenarios.'' H. Comm. on
Homeland Security, Task Force on Combating Terrorist and Foreign
Fighter Travel, Final Report (Oct. 2015), available at https://fas.org/
irp/congress/2015_rpt/travel.pdf.
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In 2015, the Department's Homeland Security Advisory
Council (HSAC) Foreign Fighter Task Force issued its interim
report on the potential threat posed by foreign fighter travel,
and its impact on homeland security.\4\ The interim report
found that ``more than 180 U.S. persons have traveled or
attempted to travel to participate in conflict'' and ``about 40
have returned'' to the United States.\5\ The interim report
also determined that ``[e]arly detection, prevention and
intervention relating to the radicalizing pathways towards
violent extremism or foreign fighter travel cannot be
overstated.''\6\ In addition, the interim report found that
success in prevention and ``off-ramping'' is ``contingent on
strong relationships between local, state and federal law
enforcement working in conjunction with--or supporting--
communities including those in the private, non-profit and
academic sectors.''\7\ Based on its review, the HSAC
recommended, among other things, that the Department ``[e]nsure
efficient information sharing systems between local and federal
levels.''\8\
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\4\Dep't of Homeland Sec., Homeland Sec. Advisory Council, Foreign
Fighter Task Force, Interim Report (2015), available at https://
www.dhs.gov/sites/default/files/publications/DHS-HSAC-Foreign-Fighter-
Task-Force-Interim-Report-May-2015.pdf.
\5\Id.
\6\Id.
\7\Id. The 2018 national strategy echoes this sentiment. See
National Strategy to Combat Terrorist Travel (Dec. 2018) (noting that
the federal government will work closely with state, local, and tribal
governments, in addition to foreign partners to achieve the goals of
the strategy).
\8\Dep't of Homeland Sec., Homeland Sec. Advisory Council, Foreign
Fighter Task Force, Interim Report (2015).
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As of 2017, the international community identified over
40,000 foreign terrorist fighters across more than 120
countries, according to Army Lt. General Michael K. Nagata,
director of the National Counterterrorism Center's (NCTC)
Directorate for Strategic Operational Planning.\9\ During the
115th Congress, the Committee held hearings that included a
discussion of threats posed by terrorists and foreign
fighters.\10\ In September 2017, Mr. Nicholas Rasmussen, then-
Director of the NCTC, testified about the flow of foreign
fighters out of conflict zones in the Middle East and back into
Europe or, potentially, the United States:
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\9\Karen Parrish, Dep't. of Def., Official: Stopping Foreign
Fighter Flow to ISIS Requires Collaboration (April 5, 2017), available
at https://dod.defense.gov/News/Article/Article/1141615/
stopping-flow-of-foreign-fighters-to-isis-will-take-years-official-
says.
\10\See e.g., Threats to the Homeland: Hearing before S. Comm. on
Homeland Sec. & Governmental Affairs, 115th Cong. (2018) (testimony of
Mr. Russell Travers, Acting Director, Nat'l Counterterrorism Center);
Adapting to Defend the Homeland Against the Evolving International
Terrorist Threat: Hearing before S. Comm. on Homeland Sec. &
Governmental Affairs, 115th Cong. (2017); Threats to the Homeland:
Hearing before S. Comm. on Homeland Sec. & Governmental Affairs, 115th
Cong. (2017).
What we expected when we saw that large inflow of
foreign fighters was at some point to deal with a large
outflow. That outflow is coming. It is, in fact, in
some ways already happening, but it is not nearly as
large in volume as perhaps we anticipated. That is a
good thing that we are not going to have to deal with
thousands and thousands of foreign fighters departing
the conflict zone. I would say, though, quality matters
here. Quality matters in some ways more than quantity.
The wrong set of individuals who escape from the
conflict zone in Iraq and Syria, if they have got a
particularly specialized set of skills or a
particularly full Rolodex or deep connections into an
extremist community in Europe or even potentially here
inside the United States, they could pose a significant
threat to us.\11\
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\11\Threats to the Homeland: Hearing before S. Comm. on Homeland
Sec. & Governmental Affairs, 115th Cong. (2017).
Similarly, in 2018, NCTC Acting Director Russell Travers
noted that ``[w]e have almost 20 ISIS branches and networks
ranging from hundreds to thousands of individuals around the
globe, al Qaeda and its branches and affiliates, tens of
thousands of foreign fighters that flock to Iraq and Syria from
100 countries, and Iran and its proxies.''\12\ While ISIS
remains the most active terrorist organization worldwide,
attacks and deaths attributed to this terrorist group declined
across the West in 2018. ISIS claimed responsibility for or
inspired: 14 successful attacks in Europe and North America in
2015, 22 successful attacks in in 2016, 27 successful attacks
in 2017, and 8 successful attacks in 2018.\13\ According to the
National Consortium for the Study of Terrorists and Responses
to Terrorism's data analysis, the perceived stabilization is
best attributed to effective law enforcement action, and not to
a decrease in the actual threat.\14\ The number of both foiled
and successful jihadist-linked plots has increased since
2010.\15\
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\12\Threats to the Homeland: Hearing before S. Comm. on Homeland
Sec. & Governmental Affairs, 115th Cong. (2018).
\13\Rukmini Callimachi, Why a ``Dramatic Dip'' in ISIS Attacks in
the West is Scant Comfort, N.Y. Times (Sept. 12, 2018) available at
https://www.nytimes.com/2018/09/12/world/middleeast/isis-attacks.html.
\14\Jihadist Terrorist Plots in the United States, Nat. Consortium
for the Study of Terrorism and Responses to Terrorism (Dec. 2017),
available at http://www.start.umd.edu/pubs/
START_JihadistTerroristPlotsUS_Dec2017.pdf.
\15\Id.
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In December 2018, the Department established the National
Vetting Center (NVC) in accordance with National Security
Presidential Memorandum-9.\16\ The purpose of the NVC is to
``provide a clearer picture of threats to national security,
border security, homeland security, or public safety posed by
individuals seeking to transit our borders or exploit our
immigration system'' by streamlining information sharing
between intelligence, law enforcement and other agencies.\17\ A
national level exercise should engage the nation's whole-of-
government ability to address threats posed by foreign fighter
travel, including the effectiveness of the newly formed NVC.
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\16\Dep't of Homeland Sec., Customs and Border Prot., National
Vetting Center (2018), available at https://www.cbp.gov/border-
security/ports-entry/national-vetting-center.
\17\Id.
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H.R. 1590 builds on the Department's national exercise
framework by requiring a specific exercise focused on threats
posed by terrorist and foreign fighter travel. The legislation
sets a few specific guidelines meant to increase collaboration
between stakeholders, partner agencies, and our foreign allies.
A report to the appropriate congressional committees on lessons
learned from the exercise will support the Department's and
Congress' ability to adjust resources to better suit the needs
of the Department and its partners.
III. Legislative History
Representative Michael Guest (R-MS-3) introduced H.R. 1590
on March 7, 2019. The House of Representatives passed the Act
by a vote of 394 to 7 on April 1, 2019, and it was referred to
the Committee on Homeland Security and Governmental Affairs.
The Committee considered H.R. 1590 at a business meeting on
May 15, 2019. The Committee ordered the Act reported favorably
by voice vote en bloc. Senators present for the vote on the Act
were: Johnson, Paul, Lankford, Scott, Peters, Carper, Hassan,
and Rosen. For the record only, Senators Portman, Romney,
Hawley, and Sinema later asked to be recorded as ``yes'' by
unanimous consent.
IV. Section-by-Section Analysis of the Act, as Reported
Section 1. Short title
This section provides the Act's short title, the
``Terrorist and Foreign Fighter Travel Exercise Act of 2019.''
Section 2. Exercise on terrorist and foreign fighter travel
Subsection (a) requires the Secretary of Homeland Security,
in coordination with other relevant Federal agencies, to
organize and hold an exercise on threats posed by terrorist and
foreign fighter travel.
Subsection (b) details the requirements of the exercise,
including the focus of the training scenario; coordination
between Federal, state, and local law enforcement, foreign
governments, and fusion centers; and coordination with the
private sector and stakeholders.
Subsection (c) requires the Secretary of Homeland Security
to submit a report to Congress within 60 days of completion of
the exercise, including identifying any lessons learned and
plans to incorporate those lessons into the Department's
operations.
Subsection (d) references the statutory definition of
``material support or resources'' in section 2339A of title 18,
United States Code as it applies to section 2(b)(1)(A) of the
Act.
Section 3. Emerging threats in the national exercise program
This section amends the Post-Katrina Emergency Management
Reform Act of 2006 to require the Federal Government include
emerging threats into national exercise program scenarios.
V. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this Act and determined
that the Act will have no regulatory impact within the meaning
of the rules. The Committee agrees with the Congressional
Budget Office's statement that the bill contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
VI. Congressional Budget Office Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 22, 2019.
Hon. Ron Johnson,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1590, the
Terrorist and Foreign Fighter Travel Exercise Act of 2019.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jon Sperl.
Sincerely,
Keith Hall,
Director.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 1590 would require the Federal Emergency Management
Agency (FEMA) to develop and carry out national exercises
designed to evaluate the nation's preparedness against the
threat of foreign fighters and terrorists. Using information
from FEMA, CBO estimates that implementing the legislation
would not significantly affect the federal budget over the
2020-2024 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 $21
million in fiscal year 2018 under the National Exercise Program
for such activities including education and training efforts
related to the ability to respond to emergencies.
Under the act, 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 submit a report to the Congress following the
exercise. Using 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 to implement the act.
On March 28, 2019, CBO transmitted a cost estimate for H.R.
1590, the Terrorist and Foreign Fighter Travel Exercise Act, as
ordered reported by the House Committee on Homeland Security on
March 13, 2019. The two versions of the legislation are similar
and CBO's estimates of their budgetary effects are the same.
The CBO staff contact for this estimate is Jon Sperl. The
estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
VII. Changes in Existing Law Made by the Act, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
H.R. 1590 as reported are shown as follows (existing law
proposed to be omitted is enclosed in 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
* * * * * * *
TITLE VI--NATIONAL EMERGENCY MANAGEMENT
* * * * * * *
Subtitle C--Comprehensive Preparedness System
* * * * * * *
CHAPTER 1--NATIONAL PREPAREDNESS SYSTEM
* * * * * * *
SEC. 648. TRAINING AND EXERCISES.
* * * * * * *
(b) National Exercise Program.--
(1) * * *
(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;
* * * * * * *
[all]
