Counterterrorism Screening and Assistance Act of 2017

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1196 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 1196

  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 HOUSE OF REPRESENTATIVES

                           February 16, 2017

  Mr. Zeldin (for himself, Mr. McCaul, and Ms. Sinema) 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 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. 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 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 two years thereafter at the
        time of the President's budget submission to Congress under
        section 1105 of title 31, United States Code, until 2023, 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 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, 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,
        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) 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 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 2022, 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 those efforts described in
        subsection (b).
            (2) Form.--The reports required by paragraph (1) may be
        submitted in unclassified or 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 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. 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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