IIB 

114TH CONGRESS 

2D SESSION H. R. 4403 

IN THE SENATE OF THE UNITED STATES 

APRIL 14, 2016 

Received; read twice and referred to the Committee on Foreign Relations 

AN ACT 

To authorize the development of open-source software based 

on certain systems of the Department of Homeland Security and the Department of State to facilitate the vetting 

of travelers against terrorist watchlists and law enforcement databases, enhance border management, and improve targeting and analysis, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Enhancing Overseas 

5 Traveler Vetting Act’’. 

6 SEC. 2. OPEN-SOURCE SCREENING SOFTWARE. 

7 (a) IN GENERAL.—Subject to subsection (c), the Sec8 retary of Homeland Security and the Secretary of State— 

9 (1) are authorized to develop open-source soft10 ware based on U.S. Customs and Border Protec11 tion’s global travel targeting and analysis systems 

12 and the Department of State’s watchlisting, identi13 fication, and screening systems in order to facilitate 

14 the vetting of travelers against terrorist watchlists 

15 and law enforcement databases, enhance border 

16 management, and improve targeting and analysis; 

17 and 

18 (2) may make such software and any related 

19 technical assistance or training available to foreign 

20 governments or multilateral organizations for such 

21 purposes. 

22 (b) REPORT TO CONGRESS.—Not later than 60 days 

23 after the date of the enactment of this Act, the Secretary 

24 of Homeland Security and Secretary of State shall submit 


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1 to the appropriate congressional committees a plan to im2 plement subsection (a). 

3 (c) PROVISION OF SOFTWARE AND CONGRESSIONAL

4 NOTIFICATION.—Not later than 15 days before the open5 source software described in subsection (a) is made avail6 able to foreign governments or multilateral organizations 

7 pursuant to such subsection, the Secretary of Homeland 

8 Security and Secretary of State, with the concurrence of 

9 the Director of National Intelligence, shall— 

10 (1) certify to the appropriate congressional 

11 committees that such availability is in the national 

12 security interests of the United States; and 

13 (2) provide to such committees information on 

14 how such software or any related technical assist15 ance or training will be made available. 

16 (d) RULE OF CONSTRUCTION.—The authority pro17 vided under this section shall be exercised in accordance 

18 with applicable provisions of the Arms Export Control Act 

19 (22 U.S.C. 2751 et seq.), the Export Administration Reg20 ulations, or any other similar provision of law. 

21 (e) PROHIBITION ON ADDITIONAL FUNDING.—No 

22 additional funds are authorized to be appropriated to 

23 carry out this section. 

24 (f) DEFINITIONS.—In this section: 


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1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means— 

4 (A) in the House of Representatives— 

5 (i) the Committee on Homeland Secu6 rity; and 

7 (ii) the Committee on Foreign Affairs; 

8 and 

9 (B) in the Senate— 

10 (i) the Committee on Homeland Secu11 rity and Governmental Affairs; and 

12 (ii) the Committee on Foreign Rela13 tions. 

14 (2) EXPORT ADMINISTRATION REGULATIONS.— 

15 The term ‘‘Export Administration Regulations’’ 

16 means— 

17 (A) the Export Administration Regulations 

18 as maintained and amended under the authority 

19 of the International Emergency Economic Pow20 ers Act (50 U.S.C. 1701 et seq.) and codified 

21 in subchapter C of chapter VII of title 15, Code 

22 of Federal Regulations; or 


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1 (B) any successor regulations. 

Passed the House of Representatives April 13, 2016. 

Attest: KAREN L. HAAS, 

Clerk. 


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