[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 630 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 630
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 certain foreign
assistance to countries not making significant efforts to comply with
such minimum standards, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 16, 2019
Mr. Zeldin (for himself, Mr. McCaul, and Mr. Rose of New York)
introduced the following bill; which was referred to the Committee on
Foreign Affairs, and in addition to the Committees on Homeland
Security, and the Judiciary, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
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 certain 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 2019''.
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 Government-wide, 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 to deter
travel by terrorists and foreign fighters is coordinated both among
United States Government departments and agencies as well as with
foreign implementing partners.
(c) Plan.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act and every two years thereafter at the
time of the President's budget submission to Congress under
section 1105 of title 31, United States Code, until 2025, 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.--Each 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.--Each plan required under paragraph (1)
shall--
(A) include an assessment of the countries of
greatest concern and risk for travel to the United
States by members of foreign terrorist organizations
and foreign fighters, which may be based on the minimum
standards described in section 4(b), as well as other
factors, as appropriate, including--
(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 countries referred to in
subparagraph (A), 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 paragraph (2) and subsection
(d), the Secretary of Homeland Security and the Secretary of
State shall, to the extent practicable and consistent with the
national security of the United States, accelerate the
provision of appropriate versions of the following systems to
foreign governments:
(A) U.S. Customs and Border Protection's global
travel targeting and analysis systems.
(B) The Department of State's watchlisting,
identification, and screening systems.
(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 countries referred to in subsection
(c)(3)(A) of section 2 in the foreign partner engagement plan
required under such section.
(b) Equipment Transfer.--
(1) In general.--Subject to paragraphs (2), (3), and (8),
the Secretary of Homeland Security is authorized to provide to
a foreign government, with or without reimbursement, excess
nonlethal equipment and supplies owned by the Department of
Homeland Security.
(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) protect the legal framework relating
to intellectual property rights and enforce
such 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) Concurrence.--The Secretary of Homeland Security may
exercise the authority under this subsection only with the
concurrence of the Secretary of State.
(9) Rule of construction.--Nothing in this subsection may
be construed as affecting, augmenting, or diminishing the
authority of the Secretary of State.
(10) 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, risk, or threat
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, or 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 2024, 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, which shall include an update to the foreign
partner engagement plan required under section 2(c). Such
reports shall include descriptions of relevant United States
Government actions taken to help countries comply with minimum
standards for serious and sustained efforts to combat terrorist
and foreign fighter travel, such as the efforts described in
subsection (b).
(2) Form.--The reports required by paragraph (1) shall be
submitted in unclassified and classified form.
(3) Inclusion in country reports on terrorism.--To the
extent practicable, the Secretary of State, in coordination
with the Secretary of Homeland Security, should incorporate the
reports 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 include the
following:
(1) The government of the foreign country makes meaningful
efforts to identify and monitor terrorists and foreign fighters
operating within the territory of the country.
(2) The government of the foreign 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 foreign 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 foreign 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 foreign 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 foreign 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 foreign country submits
information to INTERPOL databases and screens travelers against
INTERPOL databases at ports of entry and exit.
(8) The government of the foreign 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 foreign 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 foreign country--
(A) takes measures to minimize--
(i) corruption and the likelihood that
corruption could impact the veracity of
security and intelligence reporting from the
country; and
(ii) the likelihood that such corruption
could adversely affect the legitimacy of
national identity papers of the country; and
(B) does not shelter suspects from investigation
and prosecution.
(11) The government of the foreign 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.--
(1) In general.--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 a
government of a foreign country if such government is not
making significant efforts to comply with the minimum standards
for serious and sustained efforts to combat terrorist and
foreign fighter travel described in subsection (b).
(2) Congressional notification procedures.--Any suspension
of assistance under paragraph (1) shall be subject to the prior
notification procedures applicable to reprogrammings pursuant
to section 634A of the Foreign Assistance Act of 1961 (22
U.S.C. 2394-1).
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(8)(B) of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7102(8)(B)).
SEC. 6. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to carry out the requirements of
this Act. Such requirements shall be carried out using amounts
otherwise authorized.
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