I 

114TH CONGRESS 

2D SESSION H. R. 4403 

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. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 1, 2016 

Mr. HURD of Texas (for himself, Mr. MCCAUL, Mr. KATKO, Mr. 

LOUDERMILK, Ms. MCSALLY, Mr. RATCLIFFE, Ms. LORETTA SANCHEZ

of California, Mr. VELA, and Mr. PAYNE) introduced the following bill; 

which was referred to the Committee on Foreign Affairs, and in addition 

to the Committee on Homeland Security, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

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. 

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


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1 SECTION 1. SHORT TITLE. 

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

3 Traveler Vetting Act’’. 

4 SEC. 2. OPEN-SOURCE SCREENING SOFTWARE. 

5 (a) IN GENERAL.—Subject to subsection (c), the Sec6 retary of Homeland Security and the Secretary of State— 

7 (1) are authorized to develop open-source soft8 ware based on U.S. Customs and Border Protec9 tion’s global travel targeting and analysis systems 

10 and the Department of State’s watchlisting, identi11 fication, and screening systems in order to facilitate 

12 the vetting of travelers against terrorist watchlists 

13 and law enforcement databases, enhance border 

14 management, and improve targeting and analysis; 

15 and 

16 (2) may make such software and any related 

17 technical assistance or training available to foreign 

18 governments or multilateral organizations for such 

19 purposes. 

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

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

22 of Homeland Security and Secretary of State shall submit 

23 to the appropriate congressional committees a plan to im24 plement subsection (a). 

25 (c) PROVISION OF SOFTWARE AND CONGRESSIONAL

26 NOTIFICATION.—Not later than 15 days before the openVerDate Sep 11 2014 23:50 Feb 01, 2016 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4403.IH H4403

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1 source software described in subsection (a) is made avail2 able to foreign governments or multilateral organizations 

3 pursuant to such subsection, the Secretary of Homeland 

4 Security and Secretary of State, with the concurrence of 

5 the Director of National Intelligence, shall— 

6 (1) certify to the appropriate congressional 

7 committees that such availability is in the national 

8 security interests of the United States; and 

9 (2) provide to such committees information on 

10 how such software or any related technical assist11 ance or training will be made available. 

12 (d) RULE OF CONSTRUCTION.—The authority pro13 vided under this section shall be exercised in accordance 

14 with applicable provisions of the Arms Export Control Act 

15 (22 U.S.C. 2751 et seq.), the Export Administration Reg16 ulations, or any other similar provision of law. 

17 (e) PROHIBITION ON ADDITIONAL FUNDING.—No 

18 additional funds are authorized to be appropriated to 

19 carry out this section. This section shall be carried out 

20 using amounts otherwise appropriated or made available 

21 to the Department of Homeland Security. 

22 (f) DEFINITIONS.—In this section: 

23 (1) APPROPRIATE CONGRESSIONAL COMMIT24 TEES.—The term ‘‘appropriate congressional com25 mittees’’ means— 


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1 (A) in the House of Representatives— 

2 (i) the Committee on Homeland Secu3 rity; and 

4 (ii) the Committee on Foreign Affairs; 

5 and 

6 (B) in the Senate— 

7 (i) the Committee on Homeland Secu8 rity and Governmental Affairs; and 

9 (ii) the Committee on Foreign Rela10 tions. 

11 (2) EXPORT ADMINISTRATION REGULATIONS.— 

12 The term ‘‘Export Administration Regulations’’ 

13 means— 

14 (A) the Export Administration Regulations 

15 as maintained and amended under the authority 

16 of the International Emergency Economic Pow17 ers Act (50 U.S.C. 1701 et seq.) and codified 

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

19 of Federal Regulations; or 

20 (B) any successor regulations. 

Æ 


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