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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.

                                  [all]