[House Report 114-423]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-423
======================================================================
FOREIGN FIGHTER REVIEW ACT OF 2016
_______
February 23, 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. 4402]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 4402) to require a review of information
regarding persons who have traveled or attempted to travel from
the United States to support terrorist organizations in Syria
and Iraq, 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.................................................. 5
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....................................... 6
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
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 ``Foreign Fighter Review Act of 2016''.
SEC. 2. UNITED STATES GOVERNMENT REVIEW OF CERTAIN FOREIGN FIGHTERS.
(a) Review.--Not later than 30 days after the date of the enactment
of this Act, the President, acting through the Secretary of Homeland
Security, shall initiate a review of known instances since 2011 in
which a person has traveled or attempted to travel to a conflict zone
in Iraq or Syria from the United States to join or provide material
support or resources to a terrorist organization. Such review shall--
(1) include relevant unclassified and classified information
held by the United States Government related to each instance;
(2) ascertain which factors, including operational issues,
security vulnerabilities, systemic challenges, or other issues
that may have undermined efforts to prevent the travel of such
persons to a conflict zone in Iraq or Syria from the United
States, including the timely identification of suspects,
information sharing, intervention, and interdiction; and
(3) identify lessons learned and areas for improvement to
prevent additional travel by such persons to a conflict zone in
Iraq or Syria, or other terrorist safe havens abroad, to join
or provide material support or resources to a terrorist
organization.
(b) Information Sharing.--If necessary, the President shall direct
the heads of relevant Federal agencies to provide the appropriate
information necessary for the Secretary of Homeland Security to
complete the review required under subsection (a).
(c) Submission to Congress.--Not later than 120 days after the date
of the enactment of this Act, the Secretary of Homeland Security shall,
consistent with the protection of classified information, submit to the
appropriate congressional committees the results of the review required
under subsection (a), which may include information on travel routes of
greatest concern.
(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) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) in the House of Representatives--
(i) the Committee on Homeland Security;
(ii) the Permanent Select Committee on
Intelligence;
(iii) the Committee on the Judiciary;
(iv) the Committee on Armed Services;
(v) the Committee on Foreign Affairs;
(vi) the Committee on Financial Services; and
(vii) the Committee on Appropriations; and
(B) in the Senate--
(i) the Committee on Homeland Security and
Governmental Affairs;
(ii) the Select Committee on Intelligence;
(iii) the Committee on the Judiciary;
(iv) the Committee on Armed Services;
(v) the Committee on Foreign Relations;
(vi) the Committee on Banking, Housing, and
Urban Affairs; and
(vii) the Committee on Appropriations.
(2) Material support or resources.--The term ``material
support or resources'' has the meaning given such term in
section 2339A of title 18, United States Code.
PURPOSE AND SUMMARY
The purpose of H.R. 4402 is to require a review of
information regarding persons who have traveled or attempted to
travel from the United States to support terrorist
organizations in Syria and Iraq, 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, included 32 findings and provided more than
50 recommendations for enhancing U.S. security. Among other
conclusions, the Task Force report found that ``despite
concerted efforts to stem the flow, [the U.S. [G]overnment has]
failed to stop Americans from traveling overseas to join
jihadist organizations.
Of the hundreds of Americans who have sought to travel to
the conflict zone in Syria and Iraq, authorities have only
interdicted a fraction of them. Several dozen have also managed
to make it back into America.
In fact, the Task Force report was only able to identify 28
cases where U.S. individuals were stopped before leaving the
United States--a small fraction of the total that have
attempted to travel to the conflict zone. That number has since
increased modestly, and a handful of others have been stopped
at other stages of the journey. But the majority appear to have
succeeded in reaching the conflict zone, with many joining
jihadist groups. In fact, around 40 individuals have returned
to the United States, with some going back and forth to the
conflict zone multiple times. The Task Force report found that
one suspect from Florida allegedly trained with extremists in
Syria and returned to the United States for several months
before heading back to the conflict zone. During that time, he
was never on the radar screen of U.S. authorities.
The Task Force report concluded that it was unacceptable
that this many Americans have been able to make it to such a
dangerous terrorist safe haven without being interdicted and
that, by reviewing such instances, progress can be made to
identify systemic weaknesses in the security architecture we
have built into the U.S. travel system since 9/11. To-date,
there has never been a comprehensive and coordinated
Government-wide examination of these instances. Therefore, the
Task Force report concluded that a deep-dive review is needed
of all of the recent American foreign fighter incidents.
H.R. 4402 requires such a review and the development of
``lessons learned'' in order to prevent additional U.S. persons
from traveling to the terrorist safe havens. The bill requires
the President, via the Secretary of Homeland Security, to
conduct the review with appropriate Federal agencies to
identify vulnerabilities in the system, which have allowed
travel for aspiring jihadists. It further requires the
Secretary of Homeland Security to report back to Congress on
the results of the review.
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.
4402, 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 Ms. Jackson Lee (#1); was AGREED TO by voice
vote.
In section 2(c), insert before the period at the end the
following: ``, which may include information on travel routes of
greatest concern''.
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. 4402.
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.
4402, the Foreign Fighter Review 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, February 19, 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. 4402, the Foreign
Fighter Review Act of 2016.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Keith Hall.
Enclosure.
H.R. 4402--Foreign Fighter Review Act of 2016
H.R. 4402 would require the Department of Homeland Security
(DHS), within 120 days of the bill's enactment, to report to
the Congress on instances since 2011 in which persons traveled
or attempted to travel from the United States to Iraq or Syria
to support terrorist organizations. The report also would
evaluate any flaws in existing programs or procedures that aim
to prevent such travel and identify ways to improve their
effectiveness.
Based on information from DHS, CBO estimates that
implementing H.R. 4402 would cost less than $500,000 in 2016
and would be subject to the availability of appropriated funds.
Enacting the legislation would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting H.R. 4402 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2027.
H.R. 4402 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Mark Grabowicz.
The estimate was approved by Theresa Gullo, 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. 4402 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
The goal of H.R. 4402 is to require the President, acting
through the Secretary of Homeland Security, to conduct an end-
to-end review of instances since 2011 where individuals have
attempted to travel from the United States to join jihadist
groups in Syria and Iraq. By mandating such a review, the bill
seeks to determine the primary factors that have allowed such
individuals to successfully evade detection or interception en
route to the conflict zone. H.R. 4402 requires these ``lessons
learned'' to be provided to Congress, with the goal of making
more informed adjustments to the U.S. security posture in order
to prevent additional U.S. persons from traveling to enlist
with terrorist organizations abroad.
DUPLICATIVE FEDERAL PROGRAMS
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 4402 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. 4402 does
not preempt any State, local, or Tribal law.
DISCLOSURE OF DIRECTED RULE MAKINGS
The Committee estimates that H.R. 4402 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
``Foreign Fighter Review Act''.
Section 2. United States Government review of certain foreign
fighters
Subsection (a)--Review
This subsection requires, not later than 30 days after
enactment of this Act, the President, acting through the
Secretary of Homeland Security, to conduct an end-to-end review
of all known instances, since 2011, in which a person traveled
or attempted to travel from the United States to a conflict
zone in Iraq or Syria to join or provide material support or
resources to a terrorist organization. The review shall
include: all relevant information held by the U.S. Government;
factors that may have undermined efforts to prevent the travel
of such persons to Iraq or Syria; and lessons learned to
prevent additional travel by such persons to Iraq, Syria, or
other terrorist safe havens abroad.
Subsection (b)--Information sharing
This subsection directs the President to compel, if
necessary, the heads of relevant Federal agencies to share with
the Secretary of Homeland Security the appropriate information
needed for the Secretary to complete the review required under
subsection (a).
The Committee anticipates the provision of appropriate
information to the Secretary of Homeland Security by the
Secretary of State, the Secretary of Defense, the Attorney
General, the Secretary of the Treasury, and the Director of
National Intelligence.
Subsection (c)--Submission to Congress
This subsection requires the Secretary of Homeland Security
to submit the results of the review required under subsection
(a) to the appropriate congressional committees within 120 days
after the date of enactment of this Act.
The subsection also permits the Secretary to include
information on travel routes of greatest concern taken by
foreign fighters into and out of the conflict zone. The
Committee remains alarmed that aspiring extremists and trained
jihadists continue to evade detection as they travel to places
like Syria. Congress would be able to conduct even more
effective oversight of these challenges with additional detail
regarding how these routes are changing and affecting the
ability of law enforcement and intelligence agencies to
intercept terror suspects.
Subsection (d)--Prohibition on additional funding
This subsection requires the Secretary of Homeland Security
to complete the review required under subsection (a) using
funds already appropriated or made available to the Department
of Homeland Security.
Subsection (e)--Definitions
This subsection defines the terms ``appropriate
congressional committees'' and ``material support or
resources''.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
As reported, H.R. 4402 makes no changes to existing law.
[all]