[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.