,i #aafth ,,congress #ast ,session ,h4 ,r4 #fcj ,,in ,,the ,,house ,,of ,,representatives ,january #af1 #bjai ,mr4 ,zeldin 7for himself1 ,mr4 ,mc,caul1 and ,mr4 ,rose of ,new ,york7 introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs1 and in addition to the ,committees on ,homeland ,security1 and the ,judiciary1 for a period to be subsequently determined by the ,speaker1 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 fighters1 accelerate the transfer of certain border security systems to foreign partner governments1 establish minimum international border security standards1 authorize the suspension of certain 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 #bjai4 #b4 ,foreign partner engagement plan 7a7 ,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 ,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 which may allow terrorists and foreign fighters to travel internationally1 avoiding detection4 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 ,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 #aa1 #bjja1 including through the provision of technical assistance1 equipment1 training1 and other tools4 7#d7 ,the lack of a ,united ,states ,government-wide1 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 gaps4 7#e7 ,failure to effectively coordinate capacity-building activities also results in greater risk of overlap1 waste1 and unnecessary duplication between the ,united ,states and international programs4 7b7 ,sense of ,congress ,it is the sense of ,congress that the ,united ,states ,government must ensure capacity-building assistance to deter travel by terrorists and foreign fighters is coordinated both among ,united ,states ,government departments and agencies as well as with foreign implementing partners4 7c7 ,plan 7#a7 ,in general ,not later than #ahj 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 #aaje of title #ca1 ,united ,states ,code1 until #bjbe1 the ,secretary of ,state shall1 in accordance with the protection of intelligence sources and methods1 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 priorities4 7#b7 ,coordination ,each 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 ,each 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 #d7;b71 as well as other factors1 as appropriate1 including-- 7i7 an identification of the number of flights that originate from last points of departure in each country to the ,united ,states2 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 as determined by the ,secretary of ,state and the ,secretary of ,homeland ,security2 7,b7 detail existing ,united ,states ,government programs1 projects1 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 fighters1 including estimated spending levels by country where practicable2 and 7,c7 outline a plan for prioritizing ,united ,states ,government resources toward countries referred to in subparagraph 7,a71 including-- 7i7 identifying efforts which should be reformed1 consolidated1 or eliminated2 and 7ii7 detailing new programs1 projects1 or activities that are requested1 being planned1 or are undergoing implementation and associated costs4 #c4 ,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 shall1 to the extent practicable and consistent with the national security of the ,united ,states1 accelerate the provision of appropriate versions of the following systems to foreign governments3 7,a7 ,u4,s4 ,customs and ,border ,protection's global travel targeting and analysis systems4 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 coordinate to prioritize the provision of the systems specified in paragraph 7#a7 to countries determined to be countries referred to in subsection 7c77#c77;,a7 of section #b in the foreign partner engagement plan required under such section4 7b7 ,equipment transfer 7#a7 ,in general ,subject to paragraphs 7#b71 7#c71 and 7#h71 the ,secretary of ,homeland ,security is authorized to provide to a foreign government1 with or without reimbursement1 excess nonlethal equipment and supplies owned by the ,department of ,homeland ,security4 7#b7 ,determination ,the ,secretary of ,homeland ,security is authorized to provide equipment and supplies pursuant to paragraph 7#a7 if the ,secretary determines that the provision of such equipment and supplies would-- 7,a7 further the homeland security interests of the ,united ,states2 and 7,b7 enhance the recipient government's capacity to-- 7i7 mitigate the risk or threat of terrorism1 infectious disease1 or natural disaster2 7ii7 protect and expedite lawful trade and travel2 or 7iii7 protect the legal framework relating to intellectual property rights and enforce such rights4 7#c7 ,limitation on transfer ,the ,secretary of ,homeland ,security may not-- 7,a7 provide 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 provide any vessel or aircraft pursuant to this subsection4 7#d7 ,related training ,in conjunction with a provision of equipment or supplies pursuant to paragraph 7#a71 the ,secretary of ,homeland ,security may provide such equipment-related or supplies-related training and assistance as the ,secretary determines to be necessary4 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 is authorized to collect payment from the recipient government for the provision of training1 shipping costs1 supporting materials1 maintenance1 supplies1 or other assistance in support of provided equipment or supplies 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 the purpose of providing for the security interests of the homeland4 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 7#aj7 ,definition ,for the purposes of this section1 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 operations1 or would be more effective to homeland security if deployed for use outside of the ,united ,states4 7c7 ,notification to ,congress 7#a7 ,in general ,not later than #ae days before providing any systems or equipment or supplies under this section1 the ,secretary of ,homeland ,security and ,secretary of ,state shall provide notification to the appropriate congressional committees of such provision4 7#b7 ,contents ,a notification required under paragraph 7#a7 shall include the following3 7,a7 ,the specific vulnerability1 risk1 or threat that will be mitigated by the provision of any systems or equipment or supplies under this section4 7,b7 ,an explanation as to why the recipient is unable or unwilling to independently acquire such systems or equipment or supplies4 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 provided4 7,d7 ,how the ,united ,states ,government will ensure that such systems or equipment or supplies are being maintained appropriately and used as intended4 7,e7 ,the total dollar value of such systems1 equipment1 or supplies4 7d7 ,rule of construction 7#a7 ,in general ,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 or any other similar provision of law4 7#b7 ,definition ,in this subsection1 the term ,export ,administration ,regulations means-- 7,a7 the ,export ,administration ,regulations as 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 or 7,b7 any successor regulations4 #d4 ,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 #bjbd1 the ,secretary of ,state1 in coordination with the ,secretary of ,homeland ,security1 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 travel1 which shall include an update to the foreign partner engagement plan required under section #b7;c74 ,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 travel1 such as the efforts described in subsection 7b74 7#b7 ,form ,the reports required by paragraph 7#a7 shall be submitted in unclassified and classified form4 7#c7 ,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 by 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 the following3 7#a7 ,the government of the foreign country makes meaningful efforts to identify and monitor terrorists and foreign fighters operating within the territory of the country4 7#b7 ,the government of the foreign country regularly exchanges substantive counterterrorism information with other foreign governments1 including the ,united ,states ,government1 through bilateral or multilateral channels and international organizations such as ,,interpol1 and cooperates with other foreign governments in the investigation and prosecution of terrorists and foreign fighters4 7#c7 ,the government of the foreign 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 oversight4 7#d7 ,the government of the foreign country has 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 documents4 7#e7 ,the government of the foreign country collects air passenger data and employs evidence-based traveler risk assessment and screening procedures1 including collection and analysis of travel data4 7#f7 ,the government of the foreign country appropriately screens travelers1 including vetting of travelers at air1 sea1 and land ports of entry1 against counterterrorism and other criminal databases1 as appropriate4 7#g7 ,the government of the foreign country submits information to ,,interpol databases and screens travelers against ,,interpol databases at ports of entry and exit4 7#h7 ,the government of the foreign 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 organizations4 7#i7 ,the government of the foreign country takes measures to prevent individuals in its territory from traveling abroad to enlist with or provide material support to foreign terrorist organizations4 7#aj7 ,the government of the foreign country-- 7,a7 takes measures to minimize-- 7i7 corruption and the likelihood that corruption could impact the veracity of security and intelligence reporting from the country2 and 7ii7 the likelihood that such corruption could adversely affect the legitimacy of national identity papers of the country2 and 7,b7 does not shelter suspects from investigation and prosecution4 7#aa7 ,the government of the foreign country is not determined to be a high-risk program country under section #bag7;c77#ab7 of the ,immigration and ,nationality ,act 7#h4 ,u4,s4,c4 #aahg7;c77#ab774 7c7 ,suspension of assistance 7#a7 ,in general ,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 a government of a foreign country if such government 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 7#b7 ,congressional notification procedures ,any suspension of assistance under paragraph 7#a7 shall be subject to the prior notification procedures applicable to reprogrammings pursuant to section #fcd;,a of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcid-a74 #e4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,committee on ,foreign ,relations1 the ,committee on the ,judiciary1 and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,homeland ,security1 the ,committee on the ,judiciary1 and the ,committee on ,foreign ,affairs of the ,house of ,representatives4 7#b7 ,foreign terrorist organization ,the term foreign terrorist organization means an organization that is designated as a foreign terrorist organization pursuant to section #bai of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi74 7#c7 ,nonhumanitarian1 nontrade-related foreign assistance ,the term nonhumanitarian1 nontrade-related foreign assistance has the meaning given the term in section #ajc7h77;,b7 of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajb7h77;,b774 #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