U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

89–010 

" ! SENATE 116TH CONGRESS

1st Session 

REPORT

2019

116–44 

Calendar No. 109 

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 

JUNE 5, 2019.—Ordered to be printed 


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(II) 

COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 

RON JOHNSON, Wisconsin, Chairman 

ROB PORTMAN, Ohio 

RAND PAUL, Kentucky 

JAMES LANKFORD, Oklahoma 

MITT ROMNEY, Utah 

RICK SCOTT, Florida 

MICHAEL B. ENZI, Wyoming 

JOSH HAWLEY, Missouri 

GARY C. PETERS, Michigan 

THOMAS R. CARPER, Delaware 

MAGGIE HASSAN, New Hampshire 

KAMALA D. HARRIS, California 

KYRSTEN SINEMA, Arizona 

JACKY ROSEN, Nevada 

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 


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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. 


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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. 4Dep’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-HSACForeign-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). 8Dep’t of Homeland Sec., Homeland Sec. Advisory Council, Foreign Fighter Task Force, Interim Report (2015). 9Karen 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. 

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

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

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 


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10See 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). 11Threats to the Homeland: Hearing before S. Comm. on Homeland Sec. & Governmental Affairs, 115th Cong. (2017). 12Threats 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. 14Jihadist 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. 16Dep’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. 

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: 

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

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

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 


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17 Id. 

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. 

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. 


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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. 

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 


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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.— 


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(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; 

* * * * * * * 

Æ 


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