[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 942 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                 S. 942

  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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 26, 2017

 Mr. Rubio (for himself and Mr. Coons) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 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 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 2017''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    (B) the Committee on Foreign Relations of the 
                Senate;
                    (C) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (D) the Committee on the Judiciary of the Senate;
                    (E) the Committee on Foreign Affairs of the House 
                of Representatives;
                    (F) the Committee on Homeland Security of the House 
                of Representatives; and
                    (G) the Committee on the Judiciary of the House of 
                Representatives.
            (2) Foreign terrorist organization.--The term ``foreign 
        terrorist organization'' means an organization that is 
        designated by the Secretary of State as a foreign terrorist 
        organization pursuant to section 219(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1189(a)).
            (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. 3. FOREIGN PARTNER ENGAGEMENT PLAN.

    (a) Findings.--Consistent with the final report of the Committee on 
Homeland Security of the House of Representatives's 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 that 
        may allow terrorists and foreign fighters to avoid detection 
        while traveling internationally.
            (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) Since the attacks on September 11, 2001, United States 
        Government departments and agencies have spent billions of 
        dollars helping foreign partners improve their security against 
        terrorist travel, including by providing such partners with 
        technical assistance, equipment, training, and other tools.
            (4) The lack of a United States Government-wide, risk-based 
        approach increases the likelihood that--
                    (A) systematic security gaps abroad will persist; 
                and
                    (B) the United States Government will not maximize 
                its response efforts to close such gaps.
            (5) Failure to effectively coordinate capacity-building 
        activities also increases the likelihood of overlap, waste, and 
        unnecessary duplication between the United States and 
        international programs.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the United States Government must ensure capacity-
        building assistance is coordinated--
                    (A) among United States Government departments and 
                agencies; and
                    (B) with foreign implementing partners; and
            (2) such 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 two years thereafter in 
        conjunction with the President's budget submission to Congress 
        under section 1105 of title 31, United States Code, until 2023, 
        the Secretary of State, in accordance with the protection of 
        intelligence sources and methods, shall develop and submit to 
        the appropriate congressional committees unclassified and 
        classified versions of a foreign partner engagement plan, 
        which--
                    (A) catalogs existing capacity-building initiatives 
                abroad to combat travel by terrorists and foreign 
                fighters; and
                    (B) identifies areas for adjustment to align 
                ongoing efforts with risk-based priorities.
            (2) Coordination and consultation.--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 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 5(b) and other factors, 
                as appropriate, including--
                            (i) the number of flights to the United 
                        States that originate from last points of 
                        departure in each country;
                            (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 identified by the 
                        Secretary of State and the Secretary of 
                        Homeland Security;
                    (B) detail existing United States Government 
                programs, projects, and activities intended to build 
                the capacity of such countries to combat travel by 
                terrorists and foreign fighters, including estimated 
                spending levels by country, to the extent practicable; 
                and
                    (C) outline a plan for prioritizing United States 
                Government resources toward countries referred to in 
                subparagraph (A), including--
                            (i) efforts that should be reformed, 
                        consolidated, or eliminated; and
                            (ii) new programs, projects, or activities 
                        that are requested, being planned, or are 
                        undergoing implementation and the costs 
                        associated with such programs, projects, or 
                        activities.

SEC. 4. 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 provide foreign governments, to the extent 
        practicable, appropriate versions of--
                    (A) U.S. Customs and Border Protection's global 
                travel targeting and analysis systems; and
                    (B) the Department of State's watchlisting, 
                identification, and screening systems.
            (2) Prioritization.--The Secretary of Homeland Security and 
        the Secretary of State shall provide the systems specified in 
        paragraph (1) to countries referred to in section 3(c)(3)(A) 
        before such systems are provided to other countries.
    (b) Equipment Transfer.--
            (1) Defined term.--In this subsection, the term ``excess 
        nonlethal equipment and supplies'' means equipment and supplies 
        that the Secretary of Homeland Security determines--
                    (A) are not required for United States domestic 
                operations; or
                    (B) would be more effective to homeland security if 
                deployed for use outside of the United States.
            (2) Authorization.--Subject to paragraphs (3) and (8), the 
        Secretary of Homeland Security may provide excess nonlethal 
        equipment and supplies to a foreign government, with or without 
        reimbursement, if the Secretary determines such action would--
                    (A) further the homeland security interests of the 
                United States; and
                    (B) enhance the recipient government's capacity--
                            (i) to mitigate the risk or threat of 
                        terrorism, infectious disease, or natural 
                        disaster;
                            (ii) to protect and expedite lawful trade 
                        and travel; or
                            (iii) to enforce intellectual property 
                        rights.
            (3) Limitation on transfer.--In carrying out paragraph (2), 
        the Secretary of Homeland Security may not provide any foreign 
        country with--
                    (A) 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) any vessel or aircraft.
            (4) Related training.--In conjunction with the provision of 
        equipment or supplies pursuant to paragraph (1), the Secretary 
        of Homeland Security may provide such training and assistance 
        as the Secretary determines to be necessary to use or operate 
        such equipment or supplies.
            (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 may collect payment from a recipient government under 
        this subsection for the provision of training, shipping costs, 
        supporting materials, maintenance, supplies, or other 
        assistance in support of equipment or supplies provided 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 
                homeland security.
            (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.
    (c) Notification to Congress.--
            (1) In general.--Not later than 15 days before providing 
        any systems, equipment, or supplies under this section, the 
        Secretary of Homeland Security and Secretary of State shall 
        notify the appropriate congressional committees in accordance 
        with paragraph (2).
            (2) Contents.--Each notification under paragraph (1) shall 
        include--
                    (A) the specific vulnerability that will be 
                mitigated by the provision of the systems, equipment, 
                or supplies under this section;
                    (B) an explanation for the recipient's inability or 
                unwillingness to independently acquire such systems, 
                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; and
                    (E) the total monetary value of such systems, 
                equipment, and supplies.
    (d) Rule of Construction.--
            (1) Defined term.--In this subsection, the term ``Export 
        Administration Regulations'' means--
                    (A) the Export Administration Regulations 
                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; and
                    (B) any successor regulations.
            (2) Restriction.--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, and any other similar 
        provision of law.

SEC. 5. 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 2022, the Secretary of State, in coordination with the 
        Secretary of Homeland Security, shall submit to the appropriate 
        congressional committees a report, in unclassified or 
        classified form, that describes--
                    (A) the status of efforts of foreign governments to 
                combat terrorist and foreign fighter travel, including 
                an update to the foreign partner engagement plan 
                required under section 3(c); and
                    (B) 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 minimum standards 
                described in subsection (b).
            (2) 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 under 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--
            (1) making meaningful efforts to identify and monitor 
        terrorists and foreign fighters operating within the territory 
        of the country;
            (2) regularly exchanging substantive counterterrorism 
        information with other foreign governments, including the 
        United States Government, through bilateral or multilateral 
        channels and international organizations such as INTERPOL;
            (3) cooperating with other foreign governments in the 
        investigation and prosecution of terrorists and foreign 
        fighters;
            (4) implementing effective border controls or participating 
        in an existing border-crossing control regime that has been 
        determined by the United States Government to employ effective 
        border-crossing oversight;
            (5) having 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;
            (6) collecting air passenger data and employs evidence-
        based traveler risk assessment and screening procedures, 
        including the collection and analysis of travel data;
            (7) appropriately screening travelers, including vetting 
        travelers at air, sea, and land ports of entry, against 
        counterterrorism and other criminal databases, as appropriate;
            (8) submitting information to INTERPOL databases and 
        screening travelers against INTERPOL databases at ports of 
        entry and exit;
            (9) establishing and implementing domestic laws 
        criminalizing material support to foreign terrorist 
        organizations and having the ability and willingness to 
        prosecute cases involving such material support to foreign 
        terrorist organizations;
            (10) taking measures to prevent individuals in its 
        territory from traveling abroad to enlist with or provide 
        material support to foreign terrorist organizations;
            (11) taking 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 not sheltering suspects from investigation and 
        prosecution; and
            (12) not being classified as 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 the government 
of any foreign country that 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).

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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