[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4314 Referred in Senate (RFS)]
<DOC>
114th CONGRESS
2d Session
H. R. 4314
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 4, 2016
Received; read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
AN ACT
To require a plan to combat international travel by terrorists and
foreign fighters, accelerate the transfer of certain border security
systems to foreign partner governments, establish minimum international
border security standards, authorize the suspension of foreign
assistance to countries not making significant efforts to comply with
such minimum standards, and for other purposes.
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 ``Counterterrorism Screening and
Assistance Act of 2016''.
SEC. 2. FOREIGN PARTNER ENGAGEMENT PLAN.
(a) Findings.--Consistent with the final report of the Committee on
Homeland Security of the House of Representatives bipartisan ``Task
Force on Combating Terrorist and Foreign Fighter Travel'', Congress
makes the following findings:
(1) It is important for the national security of the United
States to assist foreign partners in closing security gaps
which may allow terrorists and foreign fighters to travel
internationally, avoiding detection.
(2) Building foreign partner capacity to combat terrorist
travel helps extend the United States security beyond its
border to mitigate threats before they reach the United States.
(3) United States Government departments and agencies have
spent billions of dollars to help foreign partners improve
their security against terrorist travel since the attacks of
September 11, 2001, including through the provision of
technical assistance, equipment, training, and other tools.
(4) The lack of a United States Governmentwide, risk-based
approach increases the odds that systematic security gaps
abroad may persist and that United States response efforts will
not be maximized in order to close these gaps.
(5) Failure to effectively coordinate capacity-building
activities also results in greater risk of overlap, waste, and
unnecessary duplication between the United States and
international programs.
(b) Sense of Congress.--It is the sense of Congress that the United
States Government must ensure capacity-building assistance is
coordinated both among United States Government departments and
agencies as well as with foreign implementing partners, and assistance
should be prioritized for the highest-risk countries for travel by
terrorists and foreign fighters.
(c) Plan.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act and every 2 years thereafter at the
time of the President's budget submission to Congress under
section 1105 of title 31, United States Code, until 2022, the
Secretary of State shall, in accordance with the protection of
intelligence sources and methods, develop and submit to the
appropriate congressional committees unclassified and
classified versions of a foreign partner engagement plan which
catalogues existing capacity-building initiatives abroad to
combat travel by terrorists and foreign fighters and identifies
areas for adjustment to align ongoing efforts with risk-based
priorities.
(2) Coordination.--The plan required under paragraph (1)
shall be developed in coordination with all relevant United
States Government departments and agencies and in consultation
with the Secretary of Homeland Security, the Secretary of the
Treasury, the Secretary of Defense, the Attorney General, the
Director of National Intelligence, and the Director of the
Federal Bureau of Investigation.
(3) Contents.--The plan required under paragraph (1)
shall--
(A) include an assessment of all countries and
whether each country is high-risk, medium-risk, or low-
risk for travel by terrorists and foreign fighters
based on the minimum standards described in section
4(b), as well as--
(i) an identification of the number of
flights that originate from last points of
departure in each country to the United States;
(ii) visa waiver program status or visa
application and denial rates for each country;
(iii) recent threats, terrorist and foreign
fighter travel trends, and the overall terror
threat environment in each country; and
(iv) other criteria as determined by the
Secretary of State and the Secretary of
Homeland Security;
(B) detail existing United States Government
programs, projects, and activities which are intended
to or have the substantial effect of building the
capacity of such countries to combat travel by
terrorists and foreign fighters, including estimated
spending levels by country where practicable; and
(C) outline a plan for prioritizing United States
Government resources toward high-risk and medium-risk
countries, including--
(i) identifying efforts which should be
reformed, consolidated, or eliminated; and
(ii) detailing new programs, projects, or
activities that are requested, being planned,
or are undergoing implementation and associated
costs.
SEC. 3. SHARING SYSTEMS AND EQUIPMENT TO OBSTRUCT TRAVEL BY TERRORISTS
AND FOREIGN FIGHTERS.
(a) Border Security and Counterterrorism Screening Tools.--
(1) In general.--Subject to subsection (d), the Secretary
of Homeland Security and the Secretary of State shall
accelerate the provision of appropriate versions of the
following systems to foreign governments:
(A) U.S. Customs and Border Protection's Automated
Targeting System--Global.
(B) The Department of State's Personal
Identification Secure Comparison and Evaluation System.
(2) Prioritization.--The Secretary of Homeland Security and
the Secretary of State shall coordinate to prioritize the
provision of the systems specified in paragraph (1) to
countries determined to be high-risk and medium-risk in the
foreign partner engagement plan required under section 2.
(b) Equipment Transfer.--
(1) In general.--Subject to paragraphs (2) and (3), the
Secretary of Homeland Security, in consultation with the
Secretary of State, is authorized to provide, with or without
reimbursement, excess nonlethal equipment and supplies owned by
the Department of Homeland Security to a foreign government.
(2) Determination.--The Secretary of Homeland Security is
authorized to provide equipment and supplies pursuant to
paragraph (1) if the Secretary determines that the provision of
such equipment and supplies would--
(A) further the homeland security interests of the
United States; and
(B) enhance the recipient government's capacity
to--
(i) mitigate the risk or threat of
terrorism, infectious disease, or natural
disaster;
(ii) protect and expedite lawful trade and
travel; or
(iii) enforce intellectual property rights.
(3) Limitation on transfer.--The Secretary of Homeland
Security may not--
(A) provide any equipment or supplies that are
designated as items on the United States Munitions List
pursuant to section 38 of the Arms Export Control Act
(22 U.S.C. 2778); or
(B) provide any vessel or aircraft pursuant to this
subsection.
(4) Related training.--In conjunction with a provision of
equipment or supplies pursuant to paragraph (1), the Secretary
of Homeland Security may provide such equipment-related or
supplies-related training and assistance as the Secretary
determines to be necessary.
(5) Maintenance of transferred equipment.--The Secretary of
Homeland Security may provide for the maintenance of
transferred equipment or supplies through service contracts or
other means, with or without reimbursement, as the Secretary
determines appropriate.
(6) Reimbursement of expenses.--The Secretary of Homeland
Security is authorized to collect payment from the recipient
government for the provision of training, shipping costs,
supporting materials, maintenance, supplies, or other
assistance in support of provided equipment or supplies under
this subsection.
(7) Receipts credited as offsetting collections.--
Notwithstanding section 3302 of title 31, United States Code,
any amount collected under this subsection--
(A) shall be credited as offsetting collections,
subject to appropriations, to the account that finances
the activities and services for which the payment is
received; and
(B) shall remain available until expended for the
purpose of providing for the security interests of the
homeland.
(8) Rule of construction.--Nothing in this subsection may
be construed as affecting, augmenting, or diminishing the
authority of the Secretary of State.
(9) Definition.--For the purposes of this section, the term
``excess nonlethal equipment and supplies'' means equipment and
supplies the Secretary of Homeland Security has determined is
either not required for United States domestic operations, or
would be more effective to homeland security if deployed for
use outside of the United States.
(c) Notification to Congress.--
(1) In general.--Not later than 15 days before providing
any systems or equipment or supplies under this section, the
Secretary of Homeland Security and Secretary of State shall
provide notification to the appropriate congressional
committees of such provision.
(2) Contents.--A notification required under paragraph (1)
shall include the following:
(A) The specific vulnerability that will be
mitigated by the provision of any systems or equipment
or supplies under this section.
(B) An explanation as to why the recipient is
unable or unwilling to independently acquire such
systems or equipment or supplies.
(C) An evacuation plan for any sensitive
technologies in case of emergency or instability in the
country to which such systems or equipment or supplies
is being provided.
(D) How the United States Government will ensure
that such systems or equipment or supplies are being
maintained appropriately and used as intended.
(E) The total dollar value of such systems,
equipment, and supplies.
(d) Rule of Construction.--
(1) In general.--The authority provided under this section
shall be exercised in accordance with applicable provisions of
the Arms Export Control Act (22 U.S.C. 2751 et seq.), the
Export Administration Regulations, or any other similar
provision of law.
(2) Definition.--In this subsection, the term ``Export
Administration Regulations'' means--
(A) the Export Administration Regulations as
maintained and amended under the authority of the
International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.) and codified in subchapter C of chapter
VII of title 15, Code of Federal Regulations; or
(B) any successor regulations.
SEC. 4. ACTIONS WITH RESPECT TO FOREIGN COUNTRIES THAT FAIL TO MEET
MINIMUM STANDARDS FOR SERIOUS AND SUSTAINED EFFORTS TO
COMBAT TERRORIST AND FOREIGN FIGHTER TRAVEL.
(a) Reports to Congress.--
(1) In general.--Not later than April 30 of each year
through 2021, the Secretary of State, in coordination with the
Secretary of Homeland Security, shall submit to the appropriate
congressional committees a report with respect to the status of
efforts of foreign governments to combat terrorist and foreign
fighter travel. The report shall include the following:
(A) A list of those foreign countries, if any, to
which the minimum standards for serious and sustained
efforts to combat terrorist and foreign fighter travel
as described in subsection (b) are applicable and whose
governments comply with such standards.
(B) A list of those foreign countries, if any, to
which the minimum standards for serious and sustained
efforts to combat terrorist and fighter travel as
described in subsection (b) are applicable and whose
governments do not yet fully comply with such standards
but are making significant efforts to bring themselves
into compliance.
(C) A list of those foreign countries, if any, to
which the minimum standards for serious and sustained
efforts to combat terrorist and foreign fighter travel
as described in subsection (b) are applicable and whose
governments do not fully comply with such standards and
are not making significant efforts to bring themselves
into compliance.
(D) A description for each foreign country
identified in subparagraphs (B) and (C) of the areas in
which the government of the foreign country does not
meet the minimum standards for serious and sustained
efforts to combat terrorist and foreign fighter travel
as described in subsection (b).
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex, if necessary.
(3) Inclusion in country reports on terrorism.--To the
maximum extent practicable, the Secretary of State, in
coordination with the Secretary of Homeland Security, should
incorporate the report required by paragraph (1) into the
annual country reports on terrorism submitted pursuant to
section 140 of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989 (22 U.S.C. 2656f).
(b) Minimum Standards Described.--The minimum standards for serious
and sustained efforts to combat terrorist and foreign fighter travel
applicable to the government of a foreign country are the following:
(1) The government of the country makes meaningful efforts
to identify and monitor terrorists and foreign fighters
operating within the territory of the country.
(2) The government of the country regularly exchanges
substantive counterterrorism information with other foreign
governments, including the United States Government, through
bilateral or multilateral channels and international
organizations such as INTERPOL, and cooperates with other
foreign governments in the investigation and prosecution of
terrorists and foreign fighters.
(3) The government of the country implements effective
border controls or participates in an existing border-crossing
control regime that has been determined by the United States
Government to employ effective border-crossing oversight.
(4) The government of the country has controls and systems
in place to prevent and report upon counterfeiting, forgery,
and fraudulent use or possession of false, stolen, or lost
identity papers and travel documents.
(5) The government of the country collects air passenger
data and employs evidence-based traveler risk assessment and
screening procedures, including collection and analysis of
travel data.
(6) The government of the country appropriately screens
travelers, including vetting of travelers at air, sea, and land
ports of entry, against counterterrorism and other criminal
databases, as appropriate.
(7) The government of the country submits information to
INTERPOL databases and screens travelers against INTERPOL
databases at ports of entry and exit.
(8) The government of the country has established and
implemented domestic laws criminalizing material support to
foreign terrorist organizations and has the ability and
willingness to prosecute cases involving such material support
to foreign terrorist organizations.
(9) The government of the country takes measures to prevent
individuals in its territory from traveling abroad to enlist
with or provide material support to foreign terrorist
organizations.
(10) The government of the country takes measures to ensure
a minimal level of corruption and likelihood that corruption
could impact the veracity of security and intelligence
reporting from the country, a minimal likelihood that such
corruption could adversely affect the legitimacy of national
identity papers of the country, and the country does not
shelter suspects from investigation and prosecution.
(11) The government of a country is not determined to be a
high-risk program country under section 217(c)(12) of the
Immigration and Nationality Act (8. U.S.C. 1187(c)(12)).
(c) Suspension of Assistance.--The Secretary of State, in
consultation with the Secretary of Homeland Security and the heads of
other Federal agencies, as appropriate, is authorized to suspend
nonhumanitarian, nontrade-related foreign assistance to any government
of a foreign country if the foreign country is identified in
subparagraph (C) of subsection (a)(1) in the most recent report
submitted to the appropriate congressional committees under such
subsection.
SEC. 5. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Homeland Security and Governmental Affairs, the Committee on
Foreign Relations, the Committee on the Judiciary, and the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Homeland Security, the Committee on
the Judiciary, and the Committee on Foreign Affairs of the
House of Representatives.
(2) Foreign terrorist organization.--The term ``foreign
terrorist organization'' means an organization that is
designated as a foreign terrorist organization pursuant to
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189).
(3) Nonhumanitarian, nontrade-related foreign assistance.--
The term ``nonhumanitarian, nontrade-related foreign
assistance'' has the meaning given the term in section 103 of
the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102).
SEC. 6. PROHIBITION ON ADDITIONAL FUNDING.
No additional funds are authorized to be appropriated to carry out
this Act.
Passed the House of Representatives March 21, 2016.
Attest:
KAREN L. HAAS,
Clerk.