IIB 

114TH CONGRESS 

2D SESSION H. R. 4314 

IN THE SENATE OF THE UNITED STATES 

APRIL 4, 2016 

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

AN ACT 

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. 

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


sradovich on DSK3TPTVN1PROD with BILLS
2 

HR 4314 RFS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Counterterrorism 

3 Screening and Assistance Act of 2016’’. 

4 SEC. 2. FOREIGN PARTNER ENGAGEMENT PLAN. 

5 (a) FINDINGS.—Consistent with the final report of 

6 the Committee on Homeland Security of the House of 

7 Representatives bipartisan ‘‘Task Force on Combating 

8 Terrorist and Foreign Fighter Travel’’, Congress makes 

9 the following findings: 

10 (1) It is important for the national security of 

11 the United States to assist foreign partners in clos12 ing security gaps which may allow terrorists and for13 eign fighters to travel internationally, avoiding de14 tection. 

15 (2) Building foreign partner capacity to combat 

16 terrorist travel helps extend the United States secu17 rity beyond its border to mitigate threats before they 

18 reach the United States. 

19 (3) United States Government departments and 

20 agencies have spent billions of dollars to help foreign 

21 partners improve their security against terrorist 

22 travel since the attacks of September 11, 2001, in23 cluding through the provision of technical assistance, 

24 equipment, training, and other tools. 

25 (4) The lack of a United States Government26 wide, risk-based approach increases the odds that 


sradovich on DSK3TPTVN1PROD with BILLS
3 

HR 4314 RFS

1 systematic security gaps abroad may persist and 

2 that United States response efforts will not be maxi3 mized in order to close these gaps. 

4 (5) Failure to effectively coordinate capacity5 building activities also results in greater risk of over6 lap, waste, and unnecessary duplication between the 

7 United States and international programs. 

8 (b) SENSE OF CONGRESS.—It is the sense of Con9 gress that the United States Government must ensure ca10 pacity-building assistance is coordinated both among 

11 United States Government departments and agencies as 

12 well as with foreign implementing partners, and assistance 

13 should be prioritized for the highest-risk countries for 

14 travel by terrorists and foreign fighters. 

15 (c) PLAN.— 

16 (1) IN GENERAL.—Not later than 180 days 

17 after the date of the enactment of this Act and every 

18 2 years thereafter at the time of the President’s 

19 budget submission to Congress under section 1105 

20 of title 31, United States Code, until 2022, the Sec21 retary of State shall, in accordance with the protec22 tion of intelligence sources and methods, develop and 

23 submit to the appropriate congressional committees 

24 unclassified and classified versions of a foreign part25 ner engagement plan which catalogues existing caVerDate Sep 11 2014 22:23 Apr 04, 2016 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4314.RFS H4314

sradovich on DSK3TPTVN1PROD with BILLS
4 

HR 4314 RFS

1 pacity-building initiatives abroad to combat travel by 

2 terrorists and foreign fighters and identifies areas 

3 for adjustment to align ongoing efforts with risk4 based priorities. 

5 (2) COORDINATION.—The plan required under 

6 paragraph (1) shall be developed in coordination 

7 with all relevant United States Government depart8 ments and agencies and in consultation with the 

9 Secretary of Homeland Security, the Secretary of 

10 the Treasury, the Secretary of Defense, the Attorney 

11 General, the Director of National Intelligence, and 

12 the Director of the Federal Bureau of Investigation. 

13 (3) CONTENTS.—The plan required under para14 graph (1) shall— 

15 (A) include an assessment of all countries 

16 and whether each country is high-risk, medium17 risk, or low-risk for travel by terrorists and for18 eign fighters based on the minimum standards 

19 described in section 4(b), as well as— 

20 (i) an identification of the number of 

21 flights that originate from last points of 

22 departure in each country to the United 

23 States; 


sradovich on DSK3TPTVN1PROD with BILLS
5 

HR 4314 RFS

1 (ii) visa waiver program status or visa 

2 application and denial rates for each coun3 try; 

4 (iii) recent threats, terrorist and for5 eign fighter travel trends, and the overall 

6 terror threat environment in each country; 

7 and 

8 (iv) other criteria as determined by 

9 the Secretary of State and the Secretary of 

10 Homeland Security; 

11 (B) detail existing United States Govern12 ment programs, projects, and activities which 

13 are intended to or have the substantial effect of 

14 building the capacity of such countries to com15 bat travel by terrorists and foreign fighters, in16 cluding estimated spending levels by country 

17 where practicable; and 

18 (C) outline a plan for prioritizing United 

19 States Government resources toward high-risk 

20 and medium-risk countries, including— 

21 (i) identifying efforts which should be 

22 reformed, consolidated, or eliminated; and 

23 (ii) detailing new programs, projects, 

24 or activities that are requested, being 


sradovich on DSK3TPTVN1PROD with BILLS
6 

HR 4314 RFS

1 planned, or are undergoing implementation 

2 and associated costs. 

3 SEC. 3. SHARING SYSTEMS AND EQUIPMENT TO OBSTRUCT 

4 TRAVEL BY TERRORISTS AND FOREIGN 

5 FIGHTERS. 

6 (a) BORDER SECURITY AND COUNTERTERRORISM

7 SCREENING TOOLS.— 

8 (1) IN GENERAL.—Subject to subsection (d), 

9 the Secretary of Homeland Security and the Sec10 retary of State shall accelerate the provision of ap11 propriate versions of the following systems to foreign 

12 governments: 

13 (A) U.S. Customs and Border Protection’s 

14 Automated Targeting System—Global. 

15 (B) The Department of State’s Personal 

16 Identification Secure Comparison and Evalua17 tion System. 

18 (2) PRIORITIZATION.—The Secretary of Home19 land Security and the Secretary of State shall co20 ordinate to prioritize the provision of the systems 

21 specified in paragraph (1) to countries determined to 

22 be high-risk and medium-risk in the foreign partner 

23 engagement plan required under section 2. 

24 (b) EQUIPMENT TRANSFER.— 


sradovich on DSK3TPTVN1PROD with BILLS
7 

HR 4314 RFS

1 (1) IN GENERAL.—Subject to paragraphs (2) 

2 and (3), the Secretary of Homeland Security, in con3 sultation with the Secretary of State, is authorized 

4 to provide, with or without reimbursement, excess 

5 nonlethal equipment and supplies owned by the De6 partment of Homeland Security to a foreign govern7 ment. 

8 (2) DETERMINATION.—The Secretary of Home9 land Security is authorized to provide equipment and 

10 supplies pursuant to paragraph (1) if the Secretary 

11 determines that the provision of such equipment and 

12 supplies would— 

13 (A) further the homeland security interests 

14 of the United States; and 

15 (B) enhance the recipient government’s ca16 pacity to— 

17 (i) mitigate the risk or threat of ter18 rorism, infectious disease, or natural dis19 aster; 

20 (ii) protect and expedite lawful trade 

21 and travel; or 

22 (iii) enforce intellectual property 

23 rights. 

24 (3) LIMITATION ON TRANSFER.—The Secretary 

25 of Homeland Security may not— 


sradovich on DSK3TPTVN1PROD with BILLS
8 

HR 4314 RFS

1 (A) provide any equipment or supplies that 

2 are designated as items on the United States 

3 Munitions List pursuant to section 38 of the 

4 Arms Export Control Act (22 U.S.C. 2778); or 

5 (B) provide any vessel or aircraft pursuant 

6 to this subsection. 

7 (4) RELATED TRAINING.—In conjunction with a 

8 provision of equipment or supplies pursuant to para9 graph (1), the Secretary of Homeland Security may 

10 provide such equipment-related or supplies-related 

11 training and assistance as the Secretary determines 

12 to be necessary. 

13 (5) MAINTENANCE OF TRANSFERRED EQUIP14 MENT.—The Secretary of Homeland Security may 

15 provide for the maintenance of transferred equip16 ment or supplies through service contracts or other 

17 means, with or without reimbursement, as the Sec18 retary determines appropriate. 

19 (6) REIMBURSEMENT OF EXPENSES.—The Sec20 retary of Homeland Security is authorized to collect 

21 payment from the recipient government for the pro22 vision of training, shipping costs, supporting mate23 rials, maintenance, supplies, or other assistance in 

24 support of provided equipment or supplies under this 

25 subsection. 


sradovich on DSK3TPTVN1PROD with BILLS
9 

HR 4314 RFS

1 (7) RECEIPTS CREDITED AS OFFSETTING COL2 LECTIONS.—Notwithstanding section 3302 of title 

3 31, United States Code, any amount collected under 

4 this subsection— 

5 (A) shall be credited as offsetting collec6 tions, subject to appropriations, to the account 

7 that finances the activities and services for 

8 which the payment is received; and 

9 (B) shall remain available until expended 

10 for the purpose of providing for the security in11 terests of the homeland. 

12 (8) RULE OF CONSTRUCTION.—Nothing in this 

13 subsection may be construed as affecting, aug14 menting, or diminishing the authority of the Sec15 retary of State. 

16 (9) DEFINITION.—For the purposes of this sec17 tion, the term ‘‘excess nonlethal equipment and sup18 plies’’ means equipment and supplies the Secretary 

19 of Homeland Security has determined is either not 

20 required for United States domestic operations, or 

21 would be more effective to homeland security if de22 ployed for use outside of the United States. 

23 (c) NOTIFICATION TO CONGRESS.— 

24 (1) IN GENERAL.—Not later than 15 days be25 fore providing any systems or equipment or supplies 


sradovich on DSK3TPTVN1PROD with BILLS
10 

HR 4314 RFS

1 under this section, the Secretary of Homeland Secu2 rity and Secretary of State shall provide notification 

3 to the appropriate congressional committees of such 

4 provision. 

5 (2) CONTENTS.—A notification required under 

6 paragraph (1) shall include the following: 

7 (A) The specific vulnerability that will be 

8 mitigated by the provision of any systems or 

9 equipment or supplies under this section. 

10 (B) An explanation as to why the recipient 

11 is unable or unwilling to independently acquire 

12 such systems or equipment or supplies. 

13 (C) An evacuation plan for any sensitive 

14 technologies in case of emergency or instability 

15 in the country to which such systems or equip16 ment or supplies is being provided. 

17 (D) How the United States Government 

18 will ensure that such systems or equipment or 

19 supplies are being maintained appropriately and 

20 used as intended. 

21 (E) The total dollar value of such systems, 

22 equipment, and supplies. 

23 (d) RULE OF CONSTRUCTION.— 

24 (1) IN GENERAL.—The authority provided 

25 under this section shall be exercised in accordance 


sradovich on DSK3TPTVN1PROD with BILLS
11 

HR 4314 RFS

1 with applicable provisions of the Arms Export Con2 trol Act (22 U.S.C. 2751 et seq.), the Export Ad3 ministration Regulations, or any other similar provi4 sion of law. 

5 (2) DEFINITION.—In this subsection, the term 

6 ‘‘Export Administration Regulations’’ means— 

7 (A) the Export Administration Regulations 

8 as maintained and amended under the authority 

9 of the International Emergency Economic Pow10 ers Act (50 U.S.C. 1701 et seq.) and codified 

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

12 of Federal Regulations; or 

13 (B) any successor regulations. 

14 SEC. 4. ACTIONS WITH RESPECT TO FOREIGN COUNTRIES 

15 THAT FAIL TO MEET MINIMUM STANDARDS 

16 FOR SERIOUS AND SUSTAINED EFFORTS TO 

17 COMBAT TERRORIST AND FOREIGN FIGHTER 

18 TRAVEL. 

19 (a) REPORTS TO CONGRESS.— 

20 (1) IN GENERAL.—Not later than April 30 of 

21 each year through 2021, the Secretary of State, in 

22 coordination with the Secretary of Homeland Secu23 rity, shall submit to the appropriate congressional 

24 committees a report with respect to the status of ef25 forts of foreign governments to combat terrorist and 


sradovich on DSK3TPTVN1PROD with BILLS
12 

HR 4314 RFS

1 foreign fighter travel. The report shall include the 

2 following: 

3 (A) A list of those foreign countries, if 

4 any, to which the minimum standards for seri5 ous and sustained efforts to combat terrorist 

6 and foreign fighter travel as described in sub7 section (b) are applicable and whose govern8 ments comply with such standards. 

9 (B) A list of those foreign countries, if 

10 any, to which the minimum standards for seri11 ous and sustained efforts to combat terrorist 

12 and fighter travel as described in subsection (b) 

13 are applicable and whose governments do not 

14 yet fully comply with such standards but are 

15 making significant efforts to bring themselves 

16 into compliance. 

17 (C) A list of those foreign countries, if any, 

18 to which the minimum standards for serious 

19 and sustained efforts to combat terrorist and 

20 foreign fighter travel as described in subsection 

21 (b) are applicable and whose governments do 

22 not fully comply with such standards and are 

23 not making significant efforts to bring them24 selves into compliance. 


sradovich on DSK3TPTVN1PROD with BILLS
13 

HR 4314 RFS

1 (D) A description for each foreign country 

2 identified in subparagraphs (B) and (C) of the 

3 areas in which the government of the foreign 

4 country does not meet the minimum standards 

5 for serious and sustained efforts to combat ter6 rorist and foreign fighter travel as described in 

7 subsection (b). 

8 (2) FORM.—The report required by paragraph 

9 (1) shall be submitted in unclassified form, but may 

10 contain a classified annex, if necessary. 

11 (3) INCLUSION IN COUNTRY REPORTS ON TER12 RORISM.—To the maximum extent practicable, the 

13 Secretary of State, in coordination with the Sec14 retary of Homeland Security, should incorporate the 

15 report required by paragraph (1) into the annual 

16 country reports on terrorism submitted pursuant to 

17 section 140 of the Foreign Relations Authorization 

18 Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f). 

19 (b) MINIMUM STANDARDS DESCRIBED.—The min20 imum standards for serious and sustained efforts to com21 bat terrorist and foreign fighter travel applicable to the 

22 government of a foreign country are the following: 

23 (1) The government of the country makes 

24 meaningful efforts to identify and monitor terrorists 


sradovich on DSK3TPTVN1PROD with BILLS
14 

HR 4314 RFS

1 and foreign fighters operating within the territory of 

2 the country. 

3 (2) The government of the country regularly ex4 changes substantive counterterrorism information 

5 with other foreign governments, including the 

6 United States Government, through bilateral or mul7 tilateral channels and international organizations 

8 such as INTERPOL, and cooperates with other for9 eign governments in the investigation and prosecu10 tion of terrorists and foreign fighters. 

11 (3) The government of the country implements 

12 effective border controls or participates in an exist13 ing border-crossing control regime that has been de14 termined by the United States Government to em15 ploy effective border-crossing oversight. 

16 (4) The government of the country has controls 

17 and systems in place to prevent and report upon 

18 counterfeiting, forgery, and fraudulent use or pos19 session of false, stolen, or lost identity papers and 

20 travel documents. 

21 (5) The government of the country collects air 

22 passenger data and employs evidence-based traveler 

23 risk assessment and screening procedures, including 

24 collection and analysis of travel data. 


sradovich on DSK3TPTVN1PROD with BILLS
15 

HR 4314 RFS

1 (6) The government of the country appro2 priately screens travelers, including vetting of trav3 elers at air, sea, and land ports of entry, against 

4 counterterrorism and other criminal databases, as 

5 appropriate. 

6 (7) The government of the country submits in7 formation to INTERPOL databases and screens 

8 travelers against INTERPOL databases at ports of 

9 entry and exit. 

10 (8) The government of the country has estab11 lished and implemented domestic laws criminalizing 

12 material support to foreign terrorist organizations 

13 and has the ability and willingness to prosecute 

14 cases involving such material support to foreign ter15 rorist organizations. 

16 (9) The government of the country takes meas17 ures to prevent individuals in its territory from trav18 eling abroad to enlist with or provide material sup19 port to foreign terrorist organizations. 

20 (10) The government of the country takes 

21 measures to ensure a minimal level of corruption 

22 and likelihood that corruption could impact the ve23 racity of security and intelligence reporting from the 

24 country, a minimal likelihood that such corruption 

25 could adversely affect the legitimacy of national 


sradovich on DSK3TPTVN1PROD with BILLS
16 

HR 4314 RFS

1 identity papers of the country, and the country does 

2 not shelter suspects from investigation and prosecu3 tion. 

4 (11) The government of a country is not deter5 mined to be a high-risk program country under sec6 tion 217(c)(12) of the Immigration and Nationality 

7 Act (8. U.S.C. 1187(c)(12)). 

8 (c) SUSPENSION OF ASSISTANCE.—The Secretary of 

9 State, in consultation with the Secretary of Homeland Se10 curity and the heads of other Federal agencies, as appro11 priate, is authorized to suspend nonhumanitarian, 

12 nontrade-related foreign assistance to any government of 

13 a foreign country if the foreign country is identified in 

14 subparagraph (C) of subsection (a)(1) in the most recent 

15 report submitted to the appropriate congressional commit16 tees under such subsection. 

17 SEC. 5. DEFINITIONS. 

18 In this Act: 

19 (1) APPROPRIATE CONGRESSIONAL COMMIT20 TEES.—The term ‘‘appropriate congressional com21 mittees’’ means the Committee on Homeland Secu22 rity and Governmental Affairs, the Committee on 

23 Foreign Relations, the Committee on the Judiciary, 

24 and the Committee on Commerce, Science, and 

25 Transportation of the Senate and the Committee on 


sradovich on DSK3TPTVN1PROD with BILLS
17 

HR 4314 RFS

1 Homeland Security, the Committee on the Judiciary, 

2 and the Committee on Foreign Affairs of the House 

3 of Representatives. 

4 (2) FOREIGN TERRORIST ORGANIZATION.—The 

5 term ‘‘foreign terrorist organization’’ means an or6 ganization that is designated as a foreign terrorist 

7 organization pursuant to section 219 of the Immi8 gration and Nationality Act (8 U.S.C. 1189). 

9 (3) NONHUMANITARIAN, NONTRADE-RELATED

10 FOREIGN ASSISTANCE.—The term ‘‘nonhumani11 tarian, nontrade-related foreign assistance’’ has the 

12 meaning given the term in section 103 of the Traf13 ficking Victims Protection Act of 2000 (22 U.S.C. 

14 7102). 

15 SEC. 6. PROHIBITION ON ADDITIONAL FUNDING. 

16 No additional funds are authorized to be appro17 priated to carry out this Act. 

Passed the House of Representatives March 21, 

2016. 

Attest: KAREN L. HAAS, 

Clerk. 


sradovich on DSK3TPTVN1PROD with BILLS