,,ii #aaeth ,,congress #ast ,session ,s4 #idb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #bf1 #bjag,mr4 ,rubio 7for himself and ,mr4 ,coons7 introduced the following bill2 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 fighters1 accelerate the transfer of certain border security systems to foreign partner governments1 establish minimum international border security standards1 authorize the suspension of foreign assistance to countries not making significant efforts to comply with such minimum standards1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,counterterrorism ,screening and ,assistance ,act of #bjag4 #b4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7,b7 the ,committee on ,foreign ,relations of the ,senate2 7,c7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,d7 the ,committee on the ,judiciary of the ,senate2 7,e7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 7,f7 the ,committee on ,homeland ,security of the ,house of ,representatives2 and 7,g7 the ,committee on the ,judiciary of the ,house of ,representatives4 7#b7 ,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 #bai7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi7;a774 7#c7 ,nonhumanitarian1 nontrade-related foreign assistance ,the term nonhumanitarian1 nontrade-related foreign assistance has the meaning given the term in section #ajc of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajb74 #c4 ,foreign partner engagement plan 7a7 ,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 ,travel1 ,congress makes the following findings3 7#a7 ,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 internationally4 7#b7 ,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 ,states4 7#c7 ,since the attacks on ,september #aa1 #bjja1 ,united ,states ,government departments and agencies have spent billions of dollars helping foreign partners improve their security against terrorist travel1 including by providing such partners with technical assistance1 equipment1 training1 and other tools4 7#d7 ,the lack of a ,united ,states ,government-wide1 risk-based approach increases the likelihood that-- 7,a7 systematic security gaps abroad will persist2 and 7,b7 the ,united ,states ,government will not maximize its response efforts to close such gaps4 7#e7 ,failure to effectively coordinate capacity-building activities also increases the likelihood of overlap1 waste1 and unnecessary duplication between the ,united ,states and international programs4 7b7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the ,united ,states ,government must ensure capacity-building assistance is coordinated-- 7,a7 among ,united ,states ,government departments and agencies2 and 7,b7 with foreign implementing partners2 and 7#b7 such assistance should be prioritized for the highest-risk countries for travel by terrorists and foreign fighters4 7c7 ,plan 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 and every two years thereafter in conjunction with the ,president's budget submission to ,congress under section #aaje of title #ca1 ,united ,states ,code1 until #bjbc1 the ,secretary of ,state1 in accordance with the protection of intelligence sources and methods1 shall develop and submit to the appropriate congressional committees unclassified and classified versions of a foreign partner engagement plan1 which-- 7,a7 catalogs existing capacity-building initiatives abroad to combat travel by terrorists and foreign fighters2 and 7,b7 identifies areas for adjustment to align ongoing efforts with risk-based priorities4 7#b7 ,coordination and consultation ,the plan required under paragraph 7#a7 shall be developed in coordination with all relevant ,united ,states ,government departments and agencies and in consultation with the ,secretary of ,homeland ,security1 the ,secretary of the ,treasury1 the ,secretary of ,defense1 the ,attorney ,general1 the ,director of ,national ,intelligence1 and the ,director of the ,federal ,bureau of ,investigation4 7#c7 ,contents ,the plan required under paragraph 7#a7 shall-- 7,a7 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 fighters1 which may be based on the minimum standards described in section #e7;b7 and other factors1 as appropriate1 including-- 7i7 the number of flights to the ,united ,states that originate from last points of departure in each country2 7ii7 visa waiver program status or visa application and denial rates for each country2 7iii7 recent threats1 terrorist and foreign fighter travel trends1 and the overall terror threat environment in each country2 and 7iv7 other criteria identified by the ,secretary of ,state and the ,secretary of ,homeland ,security2 7,b7 detail existing ,united ,states ,government programs1 projects1 and activities intended to build the capacity of such countries to combat travel by terrorists and foreign fighters1 including estimated spending levels by country1 to the extent practicable2 and 7,c7 outline a plan for prioritizing ,united ,states ,government resources toward countries referred to in subparagraph 7,a71 including-- 7i7 efforts that should be reformed1 consolidated1 or eliminated2 and 7ii7 new programs1 projects1 or activities that are requested1 being planned1 or are undergoing implementation and the costs associated with such programs1 projects1 or activities4 #d4 ,sharing systems and equipment to obstruct travel by terrorists and foreign fighters 7a7 ,border security and counterterrorism screening tools 7#a7 ,in general ,subject to paragraph 7#b7 and subsection 7d71 the ,secretary of ,homeland ,security and the ,secretary of ,state shall provide foreign governments1 to the extent practicable1 appropriate versions of-- 7,a7 ,u4,s4 ,customs and ,border ,protection's global travel targeting and analysis systems2 and 7,b7 the ,department of ,state's watchlisting1 identification1 and screening systems4 7#b7 ,prioritization ,the ,secretary of ,homeland ,security and the ,secretary of ,state shall provide the systems specified in paragraph 7#a7 to countries referred to in section #c7;c77#c77;,a7 before such systems are provided to other countries4 7b7 ,equipment transfer 7#a7 ,defined term ,in this subsection1 the term excess nonlethal equipment and supplies means equipment and supplies that the ,secretary of ,homeland ,security determines-- 7,a7 are not required for ,united ,states domestic operations2 or 7,b7 would be more effective to homeland security if deployed for use outside of the ,united ,states4 7#b7 ,authorization ,subject to paragraphs 7#c7 and 7#h71 the ,secretary of ,homeland ,security may provide excess nonlethal equipment and supplies to a foreign government1 with or without reimbursement1 if the ,secretary determines such action would-- 7,a7 further the homeland security interests of the ,united ,states2 and 7,b7 enhance the recipient government's capacity-- 7i7 to mitigate the risk or threat of terrorism1 infectious disease1 or natural disaster2 7ii7 to protect and expedite lawful trade and travel2 or 7iii7 to enforce intellectual property rights4 7#c7 ,limitation on transfer ,in carrying out paragraph 7#b71 the ,secretary of ,homeland ,security may not provide any foreign country with-- 7,a7 any equipment or supplies that are designated as items on the ,united ,states ,munitions ,list pursuant to section #ch of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bggh72 or 7,b7 any vessel or aircraft4 7#d7 ,related training ,in conjunction with the provision of equipment or supplies pursuant to paragraph 7#a71 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 supplies4 7#e7 ,maintenance of transferred equipment ,the ,secretary of ,homeland ,security may provide for the maintenance of transferred equipment or supplies through service contracts or other means1 with or without reimbursement1 as the ,secretary determines appropriate4 7#f7 ,reimbursement of expenses ,the ,secretary of ,homeland ,security may collect payment from a recipient government under this subsection for the provision of training1 shipping costs1 supporting materials1 maintenance1 supplies1 or other assistance in support of equipment or supplies provided under this subsection4 7#g7 ,receipts credited as offsetting collections ,notwithstanding section #ccjb of title #ca1 ,united ,states ,code1 any amount collected under this subsection-- 7,a7 shall be credited as offsetting collections1 subject to appropriations1 to the account that finances the activities and services for which the payment is received2 and 7,b7 shall remain available until expended for homeland security4 7#h7 ,concurrence ,the ,secretary of ,homeland ,security may exercise the authority under this subsection only with the concurrence of the ,secretary of ,state4 7#i7 ,rule of construction ,nothing in this subsection may be construed as affecting1 augmenting1 or diminishing the authority of the ,secretary of ,state4 7c7 ,notification to ,congress 7#a7 ,in general ,not later than #ae days before providing any systems1 equipment1 or supplies under this section1 the ,secretary of ,homeland ,security and ,secretary of ,state shall notify the appropriate congressional committees in accordance with paragraph 7#b74 7#b7 ,contents ,each notification under paragraph 7#a7 shall include-- 7,a7 the specific vulnerability that will be mitigated by the provision of the systems1 equipment1 or supplies under this section2 7,b7 an explanation for the recipient's inability or unwillingness to independently acquire such systems1 equipment1 or supplies2 7,c7 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 provided2 7,d7 how the ,united ,states ,government will ensure that such systems or equipment or supplies are being maintained appropriately and used as intended2 and 7,e7 the total monetary value of such systems1 equipment1 and supplies4 7d7 ,rule of construction 7#a7 ,defined term ,in this subsection1 the term ,export ,administration ,regulations means-- 7,a7 the ,export ,administration ,regulations maintained and amended under the authority of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq47 and codified in subchapter ,c of chapter ,,vii of title #ae1 ,code of ,federal ,regulations2 and 7,b7 any successor regulations4 7#b7 ,restriction ,the authority provided under this section shall be exercised in accordance with applicable provisions of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgea et seq471 the ,export ,administration ,regulations1 and any other similar provision of law4 #e4 ,actions with respect to foreign countries that fail to meet minimum standards for serious and sustained efforts to combat terrorist and foreign fighter travel 7a7 ,reports to ,congress 7#a7 ,in general ,not later than ,april #cj of each year through #bjbb1 the ,secretary of ,state1 in coordination with the ,secretary of ,homeland ,security1 shall submit to the appropriate congressional committees a report1 in unclassified or classified form1 that describes-- 7,a7 the status of efforts of foreign governments to combat terrorist and foreign fighter travel1 including an update to the foreign partner engagement plan required under section #c7;c72 and 7,b7 relevant ,united ,states ,government actions taken to help countries comply with minimum standards for serious and sustained efforts to combat terrorist and foreign fighter travel1 such as the minimum standards described in subsection 7b74 7#b7 ,inclusion in country reports on terrorism ,to the extent practicable1 the ,secretary of ,state1 in coordination with the ,secretary of ,homeland ,security1 should incorporate the reports required under paragraph 7#a7 into the annual country reports on terrorism submitted pursuant to section #adj of the ,foreign ,relations ,authorization ,act1 ,fiscal ,years #aihh and #aihi 7#bb ,u4,s4,c4 #bfef;f74 7b7 ,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-- 7#a7 making meaningful efforts to identify and monitor terrorists and foreign fighters operating within the territory of the country2 7#b7 regularly exchanging substantive counterterrorism information with other foreign governments1 including the ,united ,states ,government1 through bilateral or multilateral channels and international organizations such as ,,interpol2 7#c7 cooperating with other foreign governments in the investigation and prosecution of terrorists and foreign fighters2 7#d7 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 oversight2 7#e7 having controls and systems in place to prevent and report upon counterfeiting1 forgery1 and fraudulent use or possession of false1 stolen1 or lost identity papers and travel documents2 7#f7 collecting air passenger data and employs evidence-based traveler risk assessment and screening procedures1 including the collection and analysis of travel data2 7#g7 appropriately screening travelers1 including vetting travelers at air1 sea1 and land ports of entry1 against counterterrorism and other criminal databases1 as appropriate2 7#h7 submitting information to ,,interpol databases and screening travelers against ,,in,,ter,,pol databases at ports of entry and exit2 7#i7 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 organizations2 7#aj7 taking measures to prevent individuals in its territory from traveling abroad to enlist with or provide material support to foreign terrorist organizations2 7#aa7 taking measures to ensure a minimal level of corruption and likelihood that corruption could impact the veracity of security and intelligence reporting from the country1 a minimal likelihood that such corruption could adversely affect the legitimacy of national identity papers of the country1 and not sheltering suspects from investigation and prosecution2 and 7#ab7 not being classified as a high-risk program country under section #bag7;c77#ab7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg7;c77#ab774 7c7 ,suspension of assistance ,the ,secretary of ,state1 in consultation with the ,secretary of ,homeland ,security and the heads of other ,federal agencies1 as appropriate1 is authorized to suspend nonhumanitarian1 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 7b74 #f4 ,no additional funds authorized ,no additional funds are authorized to carry out the requirements of this ,act4 ,such requirements shall be carried out using amounts otherwise authorized4