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114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-424
======================================================================
NATIONAL STRATEGY TO COMBAT TERRORIST TRAVEL 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. 4408]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 4408) to require the development of a national
strategy to combat terrorist 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......................................................... 3
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
New Budget Authority, Entitlement Authority, and Tax Expenditures 4
Congressional Budget Office Estimate............................. 4
Statement of General Performance Goals and Objectives............ 5
Duplicative Federal Programs..................................... 5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 5
Federal Mandates Statement....................................... 5
Preemption Clarification......................................... 5
Disclosure of Directed Rule Makings.............................. 5
Advisory Committee Statement..................................... 5
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
The purpose of H.R. 4408 is to require the development of a
national strategy to combat terrorist travel, 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 more than 50
recommendations for enhancing U.S. security. Among other
conclusions, the Task Force report found that the U.S.
government lacks a comprehensive strategy for combating
terrorist and foreign fighter travel--and has failed to
maintain a comprehensive system for identifying and plugging
related vulnerabilities in America's defenses. The Task Force
report found that hundreds of programs, projects, and
initiatives have sprouted up to combat terrorist travel since
9/11, but without an overarching strategy to coordinate them,
the United States may be wasting taxpayer dollars and failing
to allocate resources where they are needed most. Indeed, lack
of a strategy not only increases the risk terrorists might
exploit weaknesses in the U.S. travel system, but also raises
the prospect of waste, overlap, and duplication between
agencies.
It has been nearly a decade since the Executive Branch
produced a whole-of-government plan to constrain terrorist
movements. In its 2004 final report, the 9/11 Commission
recommended the United States develop ``a strategy to intercept
terrorists, find terrorist travel facilitators, and constrain
terrorist mobility.'' That year, Congress passed the
Intelligence Reform and Terrorism Prevention Act, which
mandated such a plan, required the Administration to explain
how it would be implemented, and called for an assessment of
vulnerabilities in U.S. and foreign travel systems that could
be exploited by terrorists and violent extremists. The result
was the 2006 National Strategy to Combat Terrorist Travel. It
has not been updated since.
The 2006 Strategy is woefully outdated. Some of the
programs identified under the Strategy are no longer
operational and new programs that have been stood up since 2006
are not included. The evolving threat environment has also made
the document obsolete. For instance, the Strategy makes no
mention of foreign fighters or the challenges associated with
violent extremists' social media recruiting.
There appears to be no comprehensive accounting of
terrorist-travel programs in the U.S. Government or any
systematic Government-wide effort to identify gaps between
them. The President's 2011 National Strategy for
Counterterrorism makes little mention of the subject of
terrorist travel aside from noting the United States will work
with foreign partners to ``identify terrorist operatives and
prevent their travel . . . across national borders and within
states.'' A full audit of America's terror-travel preventative
and protective measures should be produced, given that the
current Administration has identified ``disrupting the flow of
foreign fighters'' as one of its top priorities in the fight
against the Islamic State of Iraq and Syria (ISIS).
H.R. 4408 requires the President to submit to Congress a
strategy focused on intercepting terrorists and foreign
fighters and making their travel more difficult. The strategy
must include an accounting of all U.S. Government programs to
constrain terrorist travel, identify vulnerabilities and how
they will be mitigated, and describe actions to eliminate
waste, overlap, and duplication of efforts. The bill requires
such a strategy in the first year of each Presidential term,
accompanied by annual implementation plans.
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 DirectorNational 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.
4408, 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. 4408.
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.
4408, the National Strategy to Combact Terrorist Travel 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. 4408, the National
Strategy to Combat Terrorist Travel 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. 4408--National Strategy to Combat Terrorist Travel Act of 2016
H.R. 4408 would require the Department of Homeland Security
(DHS), within 180 days of the bill's enactment, to transmit to
the Congress a strategy to disrupt the domestic and
international travel of terrorists. This report would describe
existing programs to combat terrorist travel, identify current
vulnerabilities that could be exploited by enemies of the
United States, and include a plan to implement protective
actions. During the seven-year period after enactment, H.R.
4408 would require DHS to update the strategy within 180 days
of the beginning of a new presidential administration. For 10
years after enactment, DHS would have to update the
implementation plan annually.
Based on information from DHS, CBO estimates that the
reports and implementation plans required by H.R. 4408 would
cost less than $500,000 annually and would be subject to the
availability of appropriated funds. Any costs in subsequent
years to carry out those plans for additional equipment or
personnel, for example--would be attributable to separate
legislation. 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. 4408 would not
increase net direct spending or on-budget deficits in any of
the four consecutive 10-year periods beginning in 2027.
H.R. 4408 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. 4408 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
The goal of H.R. 4408 is to require the President of the
United States to issue a national strategy to combat terrorist
travel with the aim of identifying and strengthening U.S.
Government efforts to intercept terrorists and foreign fighters
and to make it harder for such persons to travel domestically
and internationally. The bill seeks to ensure that U.S.
Government counterterrorism defenses are adaptable to threat
environment changes, including changes in terrorist and foreign
fighter tactics to evade detection. However, in order to
identify vulnerabilities, the U.S. Government must first
regularly catalogue and assess existing efforts to combat
terrorist travel and the gaps in such efforts. Accordingly, the
bill requires the President and subsequent administrations to
conduct such a Government-wide audit and include it in the
strategy. H.R. 4408 requires the President's strategy to
delineate how security vulnerabilities will be addressed, how
resources will be prioritized in a risk-based manner, and how
existing programs will be adjusted or streamlined, in addition
to any new efforts proposed. The bill requires the submission
of implementation plans to ensure that the strategy is acted
upon and that the U.S. government regularly seeks to strengthen
U.S. protections against terrorist travel.
DUPLICATIVE FEDERAL PROGRAMS
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 4408 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. 4408 does
not preempt any State, local, or Tribal law.
DISCLOSURE OF DIRECTED RULE MAKINGS
The Committee estimates that H.R. 4408 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
``National Strategy to Combat Terrorist Travel Act of 2016''.
Sec. 2. National strategy to combact terrorist travel
Subsection (a)--Sense of Congress
This subsection asserts a sense of Congress that it should
be the policy of the United States to: regularly assess the
evolving terrorist threat to the United States; catalogue
existing efforts by the Federal Government to obstruct
terrorist and foreign fighter travel; identify existing efforts
that may benefit from reform or consolidation, or require
elimination; identify potential security vulnerabilities
related to terrorist travel; and prioritize resources to
address any such vulnerabilities.
Subsection (b)--National strategy and updates
This subsection requires the President to submit to
Congress a national strategy to combat terrorist travel, which
shall address efforts to intercept terrorists and foreign
fighters and make it harder for such persons to travel
domestically and internationally. The strategy must account for
all U.S. Government programs to constrain terrorist and foreign
fighter travel, identify specific security vulnerabilities and
how they will be closed, and describe actions to streamline any
such security efforts or programs.
The Committee believes the strategy should include a focus
on programs and activities related to ``identification and
prevention'' and ``detection and disruption.'' The former could
include intelligence collection on terror suspects and their
movements, information sharing at all levels of government and
with foreign partners, watchlisting, counter-finance,
countering violent extremism (CVE) activities, and other
relevant efforts. The latter could include transportation
security, border security, traveler screening, document
security, law enforcement interdiction, legal systems, and
other relevant efforts.
The President is required to direct the Secretary of
Homeland Security to develop the national strategy. If
necessary, the President shall also direct the heads of other
Federal agencies to coordinate with the Secretary to develop
the strategy.
The Committee recommends the President direct the following
to participate in the development of the strategy: the
Secretary of State, the Secretary of Defense, the Attorney
General, the Secretary of the Treasury, and the Director of
National Intelligence.
The initial national strategy must be submitted to Congress
within 180 days after the enactment of this Act. Subsequent
updates are due to Congress within the first 180 days of each
new presidential administration.
The requirement to transmit the updated national strategy
to Congress terminates seven years after the date of enactment
of this Act.
Subsection (c)--Development of implementation plans
This subsection requires the President to direct the
Secretary of Homeland Security to develop an implementation
plan for the Department of Homeland Security for each national
strategy required under subsection (b). The Secretary is also
required to coordinate with the heads of other relevant Federal
agencies to ensure each agency develops its own implementation
plan.
At a minimum, the Committee expects the President direct
the following agency and department heads to develop
implementation plans for submission to Congress: the Secretary
of State, the Secretary of Defense, the Attorney General, the
Secretary of the Treasury, and the Director of National
Intelligence.
Subsection (d)--Implementation plans
This subsection requires the President to submit
implementation plans to Congress for each national strategy.
The implementation plans are to be submitted simultaneously
with the initial and updated strategies and then updated and
submitted annually thereafter.
The Committee believes that each implementation plan should
include actions to be taken by the relevant department or
agency to address specific security vulnerabilities which may
include reforming, improving, and streamlining existing
government efforts to align with the current threat
environment; new programs, projects, or activities related to
combating terrorist and foreign fighter travel; new authorities
implemented or changes in existing authorities needed from
Congress; and specific budget adjustments made or being
requested to enhance U.S. security in a risk-based manner.
The requirement to transmit implementation plans to
Congress terminates ten years after the date of enactment of
this Act.
Subsection (e)--Prohibition on additional funding
This subsection requires the development of the national
strategy and accompanying implementation plans required under
this Act to be prepared using funds already appropriated or
made available to the Department of Homeland Security.
Subsection (f)--Definition
This subsection defines the term ``appropriate
congressional committees''.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
As reported, H.R. 4408 makes no changes to existing law.
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