Terrorist and Foreign Fighter Travel Exercise Act of 2016

Floor Speech

Date: July 11, 2016
Location: Washington, DC

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Ms. McSALLY. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4404) to require an exercise related to terrorist and foreign fighter travel, and for other purposes, as amended.

The Clerk read the title of the bill.

The text of the bill is as follows: H.R. 4404

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 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.

(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 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''.

Mr. Speaker, I rise today in support of H.R. 4404, the Terrorist and Foreign Fighter Travel Exercise Act. This legislation furthers the efforts that I and several of my colleagues on the House Homeland Security Committee have been engaged in for much of the 114th Congress as members of the bipartisan Task Force on Combating Terrorist and Foreign Fighter Travel.

For 6 months, our task force investigated our security vulnerabilities and the threat posed by ISIS. Our work produced 32 key findings and over 50 recommendations to make Americans safer.

In our findings, the task force found that the growing complexity and changing nature of the foreign fighter phenomenon 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 when the Federal Emergency Management Agency, or FEMA, conducted an exercise focused 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 objective of that exercise was to determine how government agencies at all levels would respond in such an environment. However, the threat environment in 2016 has changed considerably, and relying on information gathered during an exercise that took place 7 years ago is simply unacceptable and puts American lives at risk.

The exercise conducted in 2009 also focused primarily on terrorists attempting to infiltrate the United States from overseas. However, our task force found that officials today should be just as concerned about Americans leaving the country to train overseas with terrorist groups as foreign fighters.

The ability of these hardened fighters to then return to the United States is a legitimate security threat to the homeland. Catching individuals who are looking to join the ranks and train with ISIS and other terrorist organizations prior to their initial departure is equally important, and it should be a goal for law enforcement as well.

As such, H.R. 4404 would require that the Obama administration conduct an exercise to evaluate the Nation's preparedness against all phases of foreign fighter planning and travel. Carrying out such a test would be beneficial in understanding how partners at all levels of government--and abroad--are currently responding to these scenarios.

The feeble response to ISIS by this administration is irresponsible, and we must take decisive action to defeat this threat that they and other terrorist organizations pose to us.

The findings of the exercise required by this legislation will identify weaknesses at home and abroad that might be exploited by terrorists and foreign fighters, particularly to infiltrate the United States to conduct attacks. These findings will also be provided to Congress and Federal law enforcement and intelligence officials and provide information on how we can best address these weaknesses.

I am pleased that over the last several months, the House has passed numerous pieces of legislation that were products of this bipartisan task force's work, including some recommendations that are now law. Passage of the Terrorist and Foreign Fighter Travel Exercise Act today represents continued action by this body to fight against ISIS and ensure we keep Americans safe.

I want to thank Chairman McCaul and Ranking Member Thompson for establishing the Task Force on Combating Terrorist and Foreign Fighter Travel. I would also like to thank the chairman of the task force, Congressman Katko, for his leadership and the other Members who served on the task force for their continued dedication to seeing our recommendations through.

I look forward to implementation of many more of the task force's findings. I urge all Members to join me in supporting this commonsense, bipartisan bill.

Committee on Transportation and Infrastructure, House of Representatives, Washington, DC, March 9, 2016. Hon. Michael McCaul, Chairman, Committee on Homeland Security, 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 Committee report for H.R. 4404, as well as in the Congressional Record dining 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, 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.

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Ms. McSALLY. Mr. Speaker, I once again urge my colleagues to support H.R. 4404.

I thank the gentleman from Massachusetts and our other colleagues for their cosponsorship of this.

I yield back the balance of my time.

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