[Congressional Record Volume 162, Number 52 (Wednesday, April 6, 2016)]
[Senate]
[Page S1761]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3488. Ms. CANTWELL (for herself and Ms. Collins) submitted an 
amendment intended to be proposed by her to the bill H.R. 636, to amend 
the Internal Revenue Code of 1986 to permanently extend increased 
expensing limitations, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. VISA WAIVER PROGRAM REQUIREMENTS.

       (a) Information Sharing Process.--The Director of National 
     Intelligence shall--
       (1) develop a process to share information derived from the 
     Terrorist Identities Datamart Environment (TIDE) database and 
     the Terrorist Screening Database (TSDB), including biometric 
     and biographic information, with countries participating in 
     the visa waiver program established under section 217(a) of 
     the Immigration and Nationality Act (8 U.S.C. 1187(a)); and
       (2) not later than 1 year after the date of the enactment 
     of this Act, certify to Congress that such process may be 
     utilized by such countries.
       (b) Continuing Qualification and Designation 
     Terminations.--Paragraph (2) of section 217(c) of the 
     Immigration and Nationality Act (8 U.S.C. 1187(c)) is amended 
     by adding at the end the following:
       ``(H) Border security.--The government of the country 
     utilizes the process developed by the Director of National 
     Intelligence under section __(a) of the Federal Aviation 
     Administration Reauthorization Act of 2016 to utilize 
     information derived from the Terrorist Identities Datamart 
     Environment (TIDE) database and the Terrorist Screening 
     Database (TSDB) for border security and immigration purposes, 
     including the screening of aliens seeking asylum or refugee 
     status in that country.''.

     SEC. __. DEPARTMENT OF HOMELAND SECURITY FOREIGN EQUIPMENT 
                   TRANSFER AUTHORITY.

       Section 879 of the Homeland Security Act of 2002 (6 U.S.C. 
     459) is amended by adding at the end the following new 
     subsection:
       ``(c) Equipment Transfer.--
       ``(1) In general.--Subject to paragraphs (2) and (3), the 
     Secretary, in consultation with the Secretary of State, is 
     authorized to transfer, with or without reimbursement, excess 
     nonlethal equipment and supplies to a foreign government.
       ``(2) Determination.--The Secretary is authorized to 
     transfer equipment and supplies pursuant to paragraph (1) if 
     the Secretary determines that such transfer would--
       ``(A) further the homeland security interests of the United 
     States; or
       ``(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 may not--
       ``(A) transfer any equipment or supplies that are 
     designated as a munitions item or controlled on the United 
     States Munitions List pursuant to section 38(a)(1) of the 
     Foreign Military Sales Act (22 U.S.C. 2778(a)(1)); or
       ``(B) transfer any vessel or aircraft.
       ``(4) Related training.--In conjunction with a transfer of 
     equipment pursuant to paragraph (1), the Secretary may 
     provide such equipment-related training and assistance as the 
     Secretary determines to be necessary.
       ``(5) Maintenance of transferred equipment.--The Secretary 
     may provide for the maintenance of transferred equipment 
     through service contracts or other means, with or without 
     reimbursement, as the Secretary considers appropriate.
       ``(6) Reimbursement of expenses.--The Secretary is 
     authorized to collect payment from the receiving entity for 
     the provision of training, shipping costs, supporting 
     materials, maintenance, supplies, or other assistance in 
     support of transferred equipment.
       ``(7) Receipts credited as offsetting collections.--
     Notwithstanding section 3302 of title 31, any amount 
     collected under this section--
       ``(A) shall be credited as offsetting collections 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) Construction.--This subsection shall not be construed 
     to affect, augment, or diminish the authority of the 
     Secretary of State.
       ``(9) Excess nonlethal equipment and supplies defined.--In 
     this section, the term `excess nonlethal equipment and 
     supplies' means equipment and supplies the Secretary has 
     determined are 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.''.
                                 ______