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