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26–311PDF 2017

FTO PASSPORT REVOCATION ACT OF 2017;

AND COUNTERTERRORISM SCREENING AND

ASSISTANCE ACT OF 2017

MARKUP

BEFORE THE

SUBCOMMITTEE ON TERRORISM, 

NONPROLIFERATION, AND TRADE

OF THE

COMMITTEE ON FOREIGN AFFAIRS 

HOUSE OF REPRESENTATIVES

ONE HUNDRED FIFTEENTH CONGRESS

FIRST SESSION

ON

H.R. 425 and H.R. 1196

JULY 19, 2017

Serial No. 115–44

Printed for the use of the Committee on Foreign Affairs

(

Available via the World Wide Web: http://www.foreignaffairs.house.gov/ or

http://www.gpo.gov/fdsys/

(II)

COMMITTEE ON FOREIGN AFFAIRS 

EDWARD R. ROYCE, California, Chairman 

CHRISTOPHER H. SMITH, New Jersey 

ILEANA ROS-LEHTINEN, Florida 

DANA ROHRABACHER, California 

STEVE CHABOT, Ohio 

JOE WILSON, South Carolina 

MICHAEL T. MCCAUL, Texas 

TED POE, Texas 

DARRELL E. ISSA, California 

TOM MARINO, Pennsylvania 

JEFF DUNCAN, South Carolina 

MO BROOKS, Alabama 

PAUL COOK, California 

SCOTT PERRY, Pennsylvania 

RON DESANTIS, Florida 

MARK MEADOWS, North Carolina 

TED S. YOHO, Florida 

ADAM KINZINGER, Illinois 

LEE M. ZELDIN, New York 

DANIEL M. DONOVAN, JR., New York 

F. JAMES SENSENBRENNER, JR., 

Wisconsin 

ANN WAGNER, Missouri 

BRIAN J. MAST, Florida 

FRANCIS ROONEY, Florida 

BRIAN K. FITZPATRICK, Pennsylvania 

THOMAS A. GARRETT, JR., Virginia 

ELIOT L. ENGEL, New York 

BRAD SHERMAN, California 

GREGORY W. MEEKS, New York 

ALBIO SIRES, New Jersey 

GERALD E. CONNOLLY, Virginia 

THEODORE E. DEUTCH, Florida 

KAREN BASS, California 

WILLIAM R. KEATING, Massachusetts 

DAVID N. CICILLINE, Rhode Island 

AMI BERA, California 

LOIS FRANKEL, Florida 

TULSI GABBARD, Hawaii 

JOAQUIN CASTRO, Texas 

ROBIN L. KELLY, Illinois 

BRENDAN F. BOYLE, Pennsylvania 

DINA TITUS, Nevada 

NORMA J. TORRES, California 

BRADLEY SCOTT SCHNEIDER, Illinois 

THOMAS R. SUOZZI, New York 

ADRIANO ESPAILLAT, New York 

TED LIEU, California

AMY PORTER, Chief of Staff THOMAS SHEEHY, Staff Director

JASON STEINBAUM, Democratic Staff Director 

SUBCOMMITTEE ON TERRORISM, NONPROLIFERATION, AND TRADE

TED POE, Texas, Chairman 

JOE WILSON, South Carolina 

DARRELL E. ISSA, California 

PAUL COOK, California 

SCOTT PERRY, Pennsylvania 

LEE M. ZELDIN, New York 

BRIAN J. MAST, Florida 

THOMAS A. GARRETT, JR., Virginia 

WILLIAM R. KEATING, Massachusetts 

LOIS FRANKEL, Florida 

BRENDAN F. BOYLE, Pennsylvania 

DINA TITUS, Nevada 

NORMA J. TORRES, California 

BRADLEY SCOTT SCHNEIDER, Illinois 

(III)

C O N T E N T S 

Page

MARKUP ON 

H.R. 425, To authorize the revocation or denial of passports to individuals 

affiliated with foreign terrorist organizations, and for other purposes ........... 2

Amendment in the nature of a substitute to H.R. 425 offered by the 

Honorable Ted Poe, a Representative in Congress from the State of 

Texas, and chairman, Subcommittee on Terrorism, Nonproliferation, and 

Trade ................................................................................................................. 5

H.R. 1196, 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 ...................................................................... 8

Amendment in the nature of a substitute to H.R. 1196 offered by the 

Honorable Lee M. Zeldin, a Representative in Congress from the State 

of New York ...................................................................................................... 25

APPENDIX 

Markup notice .......................................................................................................... 46

Markup minutes ...................................................................................................... 47

Markup summary .................................................................................................... 48

(1)

FTO PASSPORT REVOCATION ACT OF 2017; 

AND COUNTERTERRORISM SCREENING AND 

ASSISTANCE ACT OF 2017

WEDNESDAY, JULY 19, 2017

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON TERRORISM, NONPROLIFERATION, AND TRADE,

COMMITTEE ON FOREIGN AFFAIRS,

Washington, DC. 

The subcommittee met, pursuant to notice, at 2:00 p.m., in room 

2200 Rayburn House Office Building, Hon. Ted Poe (chairman of 

the subcommittee) presiding. 

Mr. POE. The subcommittee will come to order. Now that we 

have eight members, we can proceed on the two markups. 

After the conclusion of this brief business meeting, we will proceed immediately to our scheduled hearing on Saudi Arabia’s Troubling Educational Curriculum. 

Pursuant to notice, we will need to consider two bipartisan measures this afternoon. As members were notified yesterday, it is the 

intention of the Chair to consider today’s business en bloc so that 

we can proceed promptly to our hearing. So, without objection, we 

will proceed en bloc. 

All members may have 5 days to insert remarks into the record 

and, without objection, the following members’ measures and 

amendments will be considered: H.R. 425, the FTO Passport Revocation Act of 2017; the Poe Amendment in the Nature of a Substitute to H.R. 425; H.R. 1196, the Counterterrorism Screening and 

Assistance Act of 2017; and the Zeldin Amendment in the Nature 

of a Substitute to H.R. 1196. 

[The information referred to follows:]

2


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lliim CONORE88 

18'1' 8JoJ88101\ H. R. 425 

To authorize the revo<·ation or denial of pa~sport~ to individuals affiliated 

with foreig·n terrorist orga1u;-:ations. and for other puryoses. 

II\ THE HOUSE OP REPHESE~TA'l'lVES 

,JANUARY 10, 2017 

Mr. PoE of Texas (for himself and Mr. KEA1'INC1) introduced the following 

bilL which waR rrfrrrrd to the Committee on l<'oreign Affuirs 

A BILL 

To authori:1.e the revocation or denial of passports to im1ividuals affiliated with foreign terrorist organizations, and 

for other purposes. 

Re it enacted by the Senate and House of Rezm::senta2 lives the United Slates of.Limcrica in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Ad, may he eited as the "FTO Passport Revoea5 tionActof2017''. 

6 SEC. 2. REVOCATION OR DENIAL OF PASSPORTS TO INDI· 

7 VIDUALS AFFILIATED WITH FOREIGN TER8 RORIST ORGANIZATIONS. 

9 The Ad entitled "An Ad to reg1liate the issue and 

10 validity of passports, and for other puq)oses", approved 
3


26311a-2.eps

,Tuly :1, 1926 (22 U.S.C. 211a et seq.), commonly kno\vn 

2 as the "Passport Act of 1926'', is amended by adding at 

3 the eml the follo\ving new seetion: 

4 "SEC. 4. AUTHORITY TO DENY OR REVOKE PASSPORT. 

6 "(1) lSSUAKCE.-Exeept as provided under 

7 subsection (b), the Secretary of State shall refuse to 

8 issm~ a passport to any individual whom the Se(~-

9 retary has determinedl 0 "(A) is a member of or is othenvise affili11 atcd with an org-ani;mtion the Secretary has 

12 desig11ated as a foreig·n terrorist organization 

13 pursuant to sedion 219 of the Immigration and 

14 Kationality Act (8 U.S.C. 1189); or 

15 "(B) has aided, abetted, or provided mate16 rial support to sueh an organiz;ation. 

17 "(2) HEVOCATION.-The Secretary of State 

18 shall revoke a passport previously issued to auy incli19 vidual described in paragraph ( 1). 

20 "(h) EXCF:PTTOKS.-

21 "(1) E::\IERGENCY CIRCU:MST1L\CES, HUJYL~XI22 TARL'li~ REASO:'-JS, ~AND LAW ENFORCE::\IENT PUR23 POSES.-Xotwithstanding subsection (a), the See24 retary of State may issue to or decline to revoke a 

25 passport of a11 individual described in sueh sub-
4


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sed,ion in ernergen(~:v (~ireurnstanees, for humani2 tarian reasons, or for law enforcement purposes. 

3 "(2) LIMITATION FOR RETURK TO r."HTED 

4 STATES.--Kotwithstanding subsection (a)(2), the 

5 Secretary of State, before revocation, may6 "(A) limit a previously issued passport 

7 only for return travel to the United States; or 

8 "(B) issue a limited passport that only 

9 permits return travel to the United States. 

] 0 RIGHT OF RRVTEW.-Any individual vvho, in ac11 cordance with this section, is denied issuance of a passport 

12 by the Secretary of State, or whose passport is revoked 

13 or othenvise limited by the Seeretary, may request a hear14 ing before the Secretary not later than 60 days after re15 eeiving notiee of sueh !leniaL revoeation, or limitation. 

16 "(d) RJ:£POR'l'.-lf the Secretary of State denies, 

17 issues, limits, or declines to revoke a passport under sub18 seetion (b), the Secretary shall, not later thaH 30 days 

19 after such denial, issuance, limitation, or revocation, sub20 mit to Congress a report on such denial, issuance, limita21 tion, or revocation, as the case may be. 

22 "(e) RULE OF CONSTRUCTION.-In this section, the 

23 term 'passport' includes a passport earcl. ''. 
5


26311c-1.eps

AMENDMENT IN THE NATURE OF A SUBSTITUTE 

TO H.R. 425 

OFFERED BY MR. POE OF TEXAS 

Strike all after the enacting clause and insert the 

follmving: 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the "F'l'O Passport Revoca3 tionAetof2017". 

4 SEC. 2. REVOCATION OR DENIAL OF PASSPORTS TO INDI· 

5 

6 

VIDUALS AFFILIATED WITH FOREIGN TER· 

RORIST ORGANIZATIONS. 

7 The Act entitled "An Act to reg-ulate the issue and 

8 validity of passports, and for other puq)oses", approved 

9 .Tuly :1, 1926 (22 U.S.C. 21la et seq.), eommonly knuwn 

10 as the "Passport Act of 1926", is amended by adding at 

11 the end the follo\ving new section: 

12 "SEC. 4. AUTHORITY TO DENY OR REVOKE PASSPORT. 

13 "(a) lKELIGIBILITY.-

14 "(1) IssnAKCE.-Exeept as provided under 

15 subsection (b), the Secretary of State may refuse to 

16 issue a passport to any individual whom the Sec17 retary has determined has aided, assisted, abetted, 

18 or other"~se helped an organi:;mtion the Secretary 
6


26311c-2.eps

2 

has desigTulted as a foreign terrorist organization 

2 pursuant to section 219 of the Immigration and Na3 tionality Aet (R 1~.S.C. 11R9). 

4 "(2) REVOCA'l'lON.-'l'he Secretary of State 

5 may revoke a passport prev-iously issued to any indi6 vidual described in paragraph (1). 

7 "(b) EXCEPTIOKS.-

8 "(1) E:\IERCtENCY CIRCUMST~~\CES, HUlVL~\I9 TARIAN REAl30~S, AND LAW ENFORCE:\IENT PUR-

]0 POSES.-Xot"-ithstanding subsection (a), the Sec11 retary of State may issue to or decline to revoke a 

12 passport of an individual described in such sub13 sed,ion in ernergen(~y (~ireumstanees, for humani14 tmian reasons, for law enforcement purposes, or for 

15 any other pm1Jose that is in the national interest of 

16 the United States. 

17 " ( 2) LIMITATION FOR RETURK TO l~~ITED 

18 S'l'A'l'ES.-1\otwithstanding subsection (a)(2), the 

19 Secretary of State, before revocation, may20 "(A) limit a prev-iously issued passport 

21 only for return travel to the United States; or 

22 "(B) issue a limited passport that only 

23 permits return travel to the United States. 

24 "(e) HIGHT OF RKVIEW.-Any individual who, in ae25 cordance vvith this seetion, is denied issuance of a passport 
7


26311c-3.eps

by the Seeretary of State, or whose passport is revoked 

2 or otherw'ise limited by the Secretary, may request a hear3 ing before the Seeretary not later than GO days after re4 ceiving uotice of such deuial, revocation, or limitation, as 

5 the case may be. 

6 "(d) RJ£POR'l'.-

7 "(1) IN GE~ERAL.-If the Secretary of State 

8 refuses to issue or revokes a passport pursuant to 

9 subsection (a), the Secretary shall, not later than :30 

10 days after such refusal or revocation, submit to the 

11 Committee on Porcign Affairs of the House of Rcp12 resentatives and the Committee on Foreign Rela13 tions of the Senate a report on s1wh refusal or rev14 ocation, as the case may be. 

15 "(2) FORM.-The report submitted under para16 graph (1) may be submitted in classified or unclassi17 fiecl form. 

18 "(c) RULJ£ OF CONSTlWC'l'lON.-ln this section, the 

19 term 'passport' includes a passport card.". 

[g] 
8


26311b-1.eps

lli'im CONGRESS 

hrr 8ESSI01\ H. R. 1196 

To rP<1nire a plan to <·ombat international travel by terrori~t~ and foreig11 

fighters. accelerate !he Lransfer of cer!ain border secttrity systems to 

foreign partner governments, establish miuimum iutenm!ioual border security standards, authorize the suspension of foreign assistance to eountrirs not making significm1t efforts to comply "'-itl1 such minimum standani>:, and for othc;r purp<>seN. 

IK THE HOUSE OF REPRESE::.JTATIVES 

FEBRUARY 16. ~017 

}Ir. ZBLDlN (for himself, Mr. McCAUL, and Ms. S1NJLVL<I.) introduced the follo"'-ing bill; wl1icl1 was referred to the Committre 011 Forcig11 Affairs, and 

in addition to the Comm ittrrs 011 llomrlaml :-kcurity, and thr ,Jmliciary, 

for a period to be subsequently <letermine<l by tl1e Speaker, in ea<·h ea~e 

for considerat.ion of Sl!Ch provisions as fall within the jttrisdiel.ion of the 

committee concerned 

A BILL 

To require a plan to combat international travel by terrorists 

and foreign fighters, e:W(~elerate the transfer of eertain 

border security systems to foreign partner governments, 

establish minimum international border security standards, authorize the suspeusiou of foreign assistance to 

eountries not making significant efforts to comply ~with 

such minimum standardE'i, and for other purposes. 

Be d emwted lJy the Senate and Ilouse (/f Representa2 tives of the Unded States 
9


26311b-2.eps

1 SECTION 1. SHORT TITLE. 

2 This A(~t may he (·ited as the "Counterterrorism 

3 Screening and Assistance Act of 2017". 

4 SEC. 2. FOREIGN PARTNER ENGAGEMENT PLAN. 

5 (a) PJNDlNGS.-Cousistent with the final report of 

6 the Committee on Homeland Security of the House of 

7 Representatives bipartisan "Task Foree on Combating 

8 Terrorist and Foreign Fighter Travel", Congress makes 

9 the following findings: 

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

11 the United States to assist foreign partners in elos12 ing security gaps w-hich 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 seen17 rity beyond its border to mitigate threats before they 

18 reach the United States. 

19 (3) United States Government departments and 

20 agencies have speut billions of dollars to help foreign 

21 partners improve their security against terrorist 

22 travel sinee the attaeks of September 11, 2001, in23 eluding through the provision of technical assistance, 

24 equipment, training, and other tools. 

25 ( 4) The lack of a United States Government26 \Vide, risk-hased approach increases the odds that 
10


26311b-3.eps

systematie seeurity g-aps abroad may persist and 

2 that United States response efforts will not be maxi3 mize!l in order to dose these gaps. 

4 ( 5) i''ailure to effectively coordiuate eapacity5 building activities also results in greater risk of over6 lap, waste, alHl mmecessary duplication between the 

7 United States and international programs. 

8 (h) SE~SE OF CcmrmESS.-It i:::: the sense of Con9 gress that the United States Government must ensure cal 0 pacity-bnilding assistance is coordinated both among 

11 United States Govennneut departments and a~reneics as 

12 well as with foreign implementing partners, and assistanee 

13 should he priorit.ize!l for the highest-risk eormtries for 

14 travel by terrorists and foreign fighters. 

15 (e) PLAl'f.-

16 (1) lK GJ:£NJ£RAL.-Not later than 180 days 

17 after the date of the enaetment of this Aet and every 

18 two years thereafter at the time of the President's 

19 budget submission to Congress under sec·tion 1105 

20 of title :31, United States Code, until 2023, the Sec21 retary of State shalL in accordance with the protec22 tion of intelligence sources and methods, develop and 

23 submit to the appropriate cougressional committees 

24 unclassified and classified verc;ions of a foreign part25 ner engagement plan which catalogues e>-.'isting ca-
11


26311b-4.eps

4 

p~wity-huilding initiativ~s abroad to eornbat travel hy 

2 terrorists and foreign fighters and identifies areas 

3 for ~Hliustm~nt to align ongomg ~fforts 'With risk4 based priorities. 

5 (2) Cocmm'l'Nl'TON.-The plan required under 

6 paragraph (l) shall be developed in coordination 

7 >vith all relevant rnited States Government departS ments and ag~nei~s aml in (•onsultation ''vith the 

9 Secretary of Homeland Security, the Secretary of 

l 0 the Treasury, the Secretary of Defense, the Attorney 

11 General, the Director of ~ ational Intelligence, and 

12 the Director of the Federal Bureau of Investigation. 

13 (:1) CONTENTS.-The plan required under para14 graph (1) shall15 (A) indude an ass~ssm~nt of the eountries 

16 of greatest ccmcern and risk for travel to the 

17 United States by members of foreign terrorist 

18 oq;1,-anizations aud foreign fighters, which may 

19 be based on the minimum standards described 

20 in section 4(b), as well as other factors, as ap21 propriate, including22 (i) an identification of the number of 

23 flights that originate from last points of 

24 departure in each country to the rnited 

25 States: 
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2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

(ii) visa waiver progTam status or \risa 

application and denial rates for each country: 

(iii) recent threats, terrorist aud foreign fighter travel trends, and the overall 

terror threat euviroument iu each country; 

and 

(iv) other (·riteria as determinea by 

the Secretary of State and the Secretary of 

Homelam1 Security; 

(B) detail existing United States Government progTams, prqjects, and activities which 

are intended to or have the substantial effeet of 

building the eapacity of such countries to comhat travel by terrorists and foreign fighters, including estimated spending levels by eountry 

where practicable; and 

(C) outline a plan for prioritizing Cnited 

States Government resources toward eountries 

referred to in subparagraph (A), including-

(i) identi:f)ing efforts which should be 

reformed, eonsolidatecL or eliminated; and 

(ii) detailing new programs, prqjects, 

or aetivities that are requested, being 
13


26311b-6.eps

2 

6 

planned, or are umlergoing implementation 

and associated costs. 

3 SEC. 3. SHARING SYSTEMS AND EQUIPMENT TO OBSTRUCT 

4 

5 

TRAVEL BY TERRORISTS AND FOREIGN 

FIGHTERS. 

6 (a) BOlWER 8~:<;CURITY AND COUNTERTERROlUSlVl 

7 SCREE::-JING TOOLS.-

8 (1) I::-J cmNERAL.-Snhjeet to paragn1.ph (2) 

9 and subsection (d), the Secretary of Homeland Secul 0 rity and the Seeretary of State shall, to the extent 

11 practicable, accelerate the provision of appropriate 

12 verswns of the folluvving systems to foreig·n govern13 mentH: 

14 (A) U.S. Customs and Border Protection's 

15 global travel targeting and analyNis systems. 

16 (B) The Department of State's 

17 1vatchlisting, identification, and screening sys18 tcms. 

19 (2) PRIOmTIZATION.-The Secretary of Home20 land Seeurity and the Seeretary of State shall eo21 ordinate to prioritize the provision of the systems 

22 specified in paragraph (1) to countries determined to 

23 be eountrics referred to in subsection (c)( 3 )(A) of 

24 section 2 in the foreign partner engagement plan re25 quired under sueh seetion. 
14


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7 

(h) EQriPMENT TRA_c~SFER.-

2 (1) IN GENERAL.-Subject to paragraphs (2), 

3 (:1), aml (R), the Seeretary of Homeland Se(mrity i~ 

4 authori~ed to provide, with or without reimburse5 ment, excess nonlethal equipment and supplies 

6 ovvued by the Department of Homclaud Security to 

7 a foreign government. 

8 (2) DETERl\HNATIOK.-The Seeretary of Home9 land Security is authorized to provide equipment and 

l 0 supplies pursuant to paragTaph (1) if the Seeretary 

11 determines that the provision of such equipment aud 

12 supplies would13 (A) further the homeland ~eeurity interest~ 

14 of the United States; and 

15 (B) enhanee the re<'ipient g-overnment'~ ea16 pacity to17 (i) mitigate the risk or threat of ter18 ronsm, infectious disease, or natural dis19 aster; 

20 (ii) proteet am1 e11.rpedite lawfnl trade 

21 and travel; or 

(iii) enforce intellectual property 

23 rights. 

24 (3) LIMITATION ON TRANSFER.-The Seeretary 

25 of Homeland Seeurity rnay not-
15


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R 

(A) provide any equipment or :,411pplies that 

2 are designated as items on the United States 

3 Munitions List pursuant to :,4el~tion :1R of the 

4 ~hms Export Control Act (22 C.S.C. 2778); or 

5 (D) provide any vessel or aircraft pursuant 

6 to this subsection. 

7 ( 4) RELATED TRAI~ING.-In conjunction vvith a 

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

l 0 prmicle such equipment-related or supplies-related 

11 training and assistauce as the Secretary detcnnines 

12 to be necessary. 

13 ( 5) lVlAIKTENAl~CE OF TR'L'JSFERRED E(~riP14 JVIENT.-The Secretary of Homeland Seeurity may 

15 prov:ille for the maintenanee of transferre!l e<lnip16 mcut or supplies through service contraets or other 

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

19 (6) REIJVIBU:RSEMEKT OF EXPENSES.-The See20 retary of Homeland Security is authorized to collect 

21 payment from the reeipient government for the pro22 vision of training, shipping costs, supporting mate23 rials, maintenanec, supplies, or other assistance iu 

24 support of provided equipment or supplies under this 

25 subsection. 
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!1 

(7) RECEIPTS CREDITED AS OFFSETTI~C} COL2 LECTIO~S.-Notvvithstanding section 3302 of title 

3 :11, rnited States Code, any amount (~olled,ed under 

4 this subsectionS (A) shall he credited as offsetting collec6 tions, sul:!jcct to appropriations, to the account 

7 that finances the activities and ser>.rices for 

8 vd1ieh the pnyment is reeeived; and 

9 (B) shall remain available until e:x1Jended 

l 0 for the purpose of providing for the security in11 tcrests of the homeland. 

12 CONCTTR.RENCK-The Secretary of Home13 land Seenrity may exer(~ise the authority under this 

14 subsection only \vith the concurrence of the Sec15 retary of State. 

16 (9) HULE OF CONS'l'l\.LT'l'lO~.-~othing in this 

17 subsection may he construed as affecting, aug18 meuting, or diminishing the authority of the Sec19 retary of State. 

20 (1 0) DEFINiTION.-For the purposes of this 

21 section, the term "excess nonlethal equipment and 

22 supplies" means equipment and supplies the Sec23 retary of Homeland Security has determined 1s el24 ther not required for United States domestic oper-
17


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10 

ations, or wonhl he more effeetive to hornelaml se(m2 rity if deployed for use outside of the United States. 

3 (e) KOTIPICATION TO CONC+RESS.-

4 (1) lN OJ:iJ~J<JRAL.-~ot later than 15 days be5 fore providing any systems or equipment or supplies 

6 under this section, the Secretary of Homeland Secu7 rity and Secretary of State shall provide notification 

8 to the nppropriate eongTessional wmmittees of sueh 

9 provision. 

l 0 (2) CONTR~TS.-A notification required under 

11 paragraph (1) shall include the followin~t: 

12 (A) The spPcific vulnerability that will be 

13 mitigated by the provision of any systems or 

14 equipment or supplies under this section. 

15 (B) Ail e21.1Jlanation as to ~why the reeipient. 

16 1s unable or unwilliug to independeutly acqu1re 

17 such systems or equipment or supplies. 

18 (C) ~A.11 evacuation plau for any sensitive 

19 technologies in case of emergency or instability 

20 in the country to which such systems or eqnip21 ment or supplies is being provided. 

22 (D) How the rnited States Government 

23 will eusure that such systems or equipment or 

24 supplies are being maintained appropriately and 

25 used as intended. 
18


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11 

(E) The total dollar value of sneh systt~ms, 

2 equipment, and supplies. 

3 (d) RTTLE OF CONSTRTTCTION.-

4 (1) lN GENBRAL.-'l'he authority provided 

5 under this section shall be exercised in accordance 

6 with applicable provisions of the Arms Export Con7 trol Act (22 r.S.C. 2751 et seq.), the Export Ad8 ministration RegTLlations, or any other similar provi9 sion of law. 

10 (2) DF.FTNITTO:.J.-Tn this subsection, the term 

11 "Export Administration Regulations" means12 (A) the Ezq)l1rt Administration Reg11lations 

13 as maintained and amended under the authority 

14 of the International Emergency Economic Pow15 ers Ad, (50 U.S.C. 1701 et aml (~odified 

16 in subchapter C of chapter VU of title 15, Code 

17 of Federal RegTtlations; or 

18 (B) any successor regulatious. 

19 SEC. 4. ACTIONS WITH RESPECT TO FOREIGN COUNTRIES 

20 THAT FAIL TO MEET MINIMUM STANDARDS 

21 FOR SERIOUS AND SUSTAINED EFFORTS TO 

22 COMBAT TERRORIST AND FOREIGN FIGHTER 

23 TRAVEL. 

24 (a) REPORTS TO CONGRESS.-
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12 

(1) I:"l' cmKERAL.-Kot later than April :10 of 

2 each year through 2022, the Secretary of State, m 

3 eoordination with the 8eereta1J of Homeland Seeu4 rity, shall submit to the appropriate congressional 

5 committees a report with respect to the status of ef6 forts of foreign governments to combat terrorist and 

7 foreign fighter travel, which shall include an update 

8 to the foreign partner engagement plan n~(1nired 

9 under section 2 (c). Such reports shall include del 0 script.ions of relevant United States Government ac11 tions taken to help countries comply with minimum 

12 standards for serious and sustained efforts to eom13 hat terrorist and foreign fighter travel, sueh as those 

14 efforts described in subsection (b). 

15 (2) FOR~L-The reports required by paragraph 

16 ( 1) may be submitted in unclassified o1· classified 

17 form. 

18 W) lNCLUSlOK lN COUK'i'RY REPORTS ON TER19 IWRISM.-To the extent practicable, the Secretary of 

20 State, in coordination '"lith the SecretaJJ of TTome21 land Security, shuuld incorporate the reports re22 quired by paragTaph (1) into the annual c.ountry re23 ports on terrorism submitted pursuant to section 

24 140 of the Foreign R.elations Authorization Act, Fis25 cal Years 1988 and 1989 (22 TT.S.C. 2G56f). 
20


26311b-13.eps

1:1 

(h) :YIINIMUM STANDARDS DESCRIBED.-The rmn2 imum standards for serious and sustained efforts to com3 bat terrorist and foreign fighter travel applicable to the 

4 government of a foreigu country include the following·: 

5 (1) The government of the country makes 

6 meaningful efforts to ideHti~y and monitor terrorists 

7 and foreign fighters operating '"rithin the territory of 

8 the ('<nmtry. 

9 (2) The government of the eountry regularly exl 0 changes substantive cmmterterrorism information 

11 with other foreigu governments, ineluding the 

12 United States Government, through bilateral or mul13 tilateral ehannels and international organizations 

14 such as INTERPOL, and cooperates ''rith other for15 eign 1zovernments in the investigation and prost~en16 tion of terrorists aud forcigu fighters. 

17 ( 3) The government of the eountry implements 

18 effeetive border eontrols or partieipates in an exist19 ing border-erossing control reg-ime that has been de20 termined by the United States Government to em21 ploy effeetive border-erossing oversight. 

22 ( J) The government of the country has controls 

23 and systems in place to prevent and report upou 

24 counterfeiting, forgery, and fraudulent use or pos-
21


26311b-14.eps

14 

ses14wn of false, stolen, or lost i<lentity papers and 

2 travel documents. 

3 ( 5) The government of the eountcy eolleds mr 

4 passenger data and employs evidence-based traveler 

5 risk assessment and S('reening procedures, including 

6 collcetion and aualysis of travel data. 

7 (6) The government of the country appro8 priately sereens travelers, in(~luding vetting· of trav9 elers at air, sea, and land ports of entry, against 

l 0 counterterrorism and other criminal databases, as 

11 appropriate. 

12 (7) The government of the eountry submits in13 formation to INTERPOL aataha04es and sereen" 

14 travelers against I~TERPOL databases at ports of 

15 entry and exit. 

16 (8) The govermneut of the country has cstab17 lished and implemented domestic laws eriminalizing 

18 material support to forcigu terrorist organizations 

19 and has the ability and vviJlingness to proseeute 

20 cases involving such material support to foreign ter21 rorist organizations. 

22 ( 9) The government of the eountry takes meas23 urcs to prevent individuals iu its territory from trav24 eling abroad to enlist vvith or provide material sup25 port to foreign terrorist organi7.ations. 
22


26311b-15.eps

15 

( 10) The government of the eountry take~ 

2 measures to ensure a minimal level of eorruption 

3 and likelihood that eorruption eould impaet the w4 racity of seeurity and intelligeuce reporting from the 

5 country, a minimal likelihood that sueh eorruption 

6 could adversely affeet the legitimaey of national 

7 identity papers of the eountry, and the eountry does 

8 not ~helter ~u~pect~ from inve~tig-ation and pro~e(m9 tion. 

l 0 ( 11) The government of a emmt.ry is not deter11 mined to be a high-risk program country under sec12 tion 217(e)(12) of the Immigration and Kationality 

13 Aet (fl. r.S.C. 11R7(e)(12)). 

14 (c) SUSPENSIOK OF ASSIST~~'JCE.-The Seeretary of 

15 State, in eon~ultation \vith the Seeretary of Homeland Se16 curity and the heads of other Federal agencies, as appro17 priate, 1s authorized to suspend nonln1manitarian, 

18 uontrade-related foreign assistanee to a u.v government of 

19 a foreign country- if the foreign eountry is identified in 

20 suhparagTaph (C) of subseetion (a)(l) in the most recent 

21 report submitted to the appropriate eongressional eommit22 tees under sueh subseetion. 

23 SEC. 5. DEFINITIONS. 

24 In this Aet: 
23


26311b-16.eps

16 

( 1) ~AI'PROPRIATE CXJ:'-J(}RE88IONAL COlVL\HT2 TEES.-The term "appropriate congressional com3 rnittees" means the Committee on Homeland Seeu4 rity and Governmental Affairs, the Committee on 

5 Foreign Relations, the Committee on the ,Judiciary, 

6 and the Committee on Commerce, Scieuee, aud 

7 Transportation of the Senate and the Committee on 

8 Homeland Se(mrity, the Committee on the ,Jmlieiary, 

9 and the Committee on Foreign Affairs of the House 

l 0 of Representatives. 

11 (2) FOREIGN TER!WRIS'l' ORGA_'\JlZA'l'lOl\.-Thc 

12 term "foreig11 terrorist organi:1.ation '' means an or13 ganization that is aesignated as a foreign terrorist 

14 organization pursuant to section 219 of the Immi15 gnltion and );rationality A(~t (R r.S.C. 1188). 

16 (3) NO~HUl'vliL.f\Jl'l'ARLLf\l, NO!\'l'HAOE-REL.~'l'ED 

17 FOimiG:--J ASSISTA_t'.JCE.-The term "nonhumani18 tariau, no utrade-related foreign assistance" has the 

19 meaning given the term in section 10:3 of the Traf20 ficking Victims Protection Act of 2000 (22 U.S.C. 

21 7102). 
24


26311b-17.eps

17 

1 SEC. 6. NO ADDITIONAL FUNDS AUTHORIZED. 

2 No additional fundH are authorized to earry out the 

3 requirements of this Act. Such requirements shall be car4 ried out using amounts othenvise authori~ed. 
25


26311d-1.eps

AMENDMENT IN THE NATURE OF A SUBSTITUTE 

TO H.R. 1196 

OFFERED BY MR. ZELDIN OF NEW YORK 

Strike all after the enacting clause and insert the 

follmving: 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the "Counterterrorism 

3 Screening and Assistance Act of 2017". 

4 SEC. 2. FOREIGN PARTNER ENGAGEMENT PLAN. 

5 (a) FINDINGS.-Consistent Yvith the final report of 

6 the Committee on Homeland Security of the House of 

7 Representatives bipartisan "Task Foree on Combating 

8 Terrorist and Foreign Fighter Travel", Congress makes 

9 the following findings: 

10 ( 1) lt 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 cle14 teetion. 

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. 
26


26311d-2.eps

2 

(8) United States Government (lepartments and 

2 agencies have spent billions of dollars to help foreign 

3 partners improve their seeurity against terrorist 

4 travel since the attacks of September 11, 2001, in5 eluding through the provision of technical assistanee, 

6 equipment, training, and other tools. 

7 ( 4) The lack of a United States GovernmentS >vide, risk-based approaeh irwreases the odds that 

9 systematic seeurity gaps abroad may persist and 

10 that United States response efforts will not be ma"X-i11 mized in order to close these gaps. 

12 (5) Failure to effectively coordinate c.apac.ity13 huilaing aetivities also results in gTeater risk of over14 lap, waste, and unneeessary duplieation between the 

15 United States aml international prognuns. 

16 (b) SE~SE OF CONGRESS.-lt is the sense of Con17 gress that the United States Government must ensure ca18 parity-building assistance to deter travel by terrorists and 

19 foreign fighters is coordinated both among United States 

20 Government departments and agencies as well as v.~th for21 eign implementing partners. 

22 (c) PLAN.-

23 (1) ll'\ GENERAL.-Not later than 180 days 

24 after the elate of the enactment of this Act and every 

25 two years thereafter at the time of the President's 
27


26311d-3.eps

h1Hlget submission to CongTess under seetion 1105 

2 of title 31, United States Code, until 2023, the Sec3 retary of State shall, in <:W(~ordam~e with the prote(~-

4 tion of intellig·ence sources and methods, develop aud 

5 submit to the appropriate congressional committees 

6 unclassified and classified versions of a foreign part7 ner engagement plan which catalogues existing ca8 p~wity-lmilding initiatives abroad to eornbat travel by 

9 terrorists and foreign fighters and identifies areas 

10 for adjustment to align ongoing efforts \vith risk11 based priorities. 

12 (2) COOR.DT~A'l'TON.-The plan required under 

13 paragntph ( 1) shall be developed in eoonlination 

14 \Vith all relevant r nited States Government departIS ments and ageneies aml in (~onsultation with the 

16 Secretary of Homeland Security, the Secretary of 

17 the Treasury, the Secretary of Defense, the Attorney 

18 General, the Director of .:.J ational Intelligence, aud 

19 the Director of the Federal Bureau of Investigation. 

20 (3) CON'l'EN'l'S.-The plan required under para21 graph (1) shall22 (A) include an assessment of the countries 

23 of greatest concern aud risk for travel to the 

24 United States by members of foreign terrorist 

25 organihations and foreign fighters, which may 
28


26311d-4.eps

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

4 

he based on the minimum standards described 

in section 4(b), as well as other factors, as appropriate, ind1Hling-

(i) an identificatiou of the number of 

flights that originate from last points of 

depalture in each country to the C nited 

States; 

(ii) visa waiver progTam 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 eountiy; 

and 

(iv) other (~riteria as determined by 

the Secretary of State and the Secretary of 

Homeland Security; 

(B) detail existing United States Government programs, projects, 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 fighters, includiug estimated spending levels by country 

where practicable; and 
29


26311d-5.eps

2 

3 

4 

5 

6 

7 

8 

9 

5 

(C) outline a plan for prioritizing 1~nited 

States Government resources toward countries 

referred to in ~uhparagn1.ph (A), im~luding-

(i) ideutifying efforts which should be 

reformed, consolidated, or eliminated; and 

(ii) detailing new programs, prqjects, 

or activities that are requested, being 

planned, or are umlergoing implementation 

and associated costs. 

] 0 SEC. 3. SHARING SYSTEMS AND EQUIPMENT TO OBSTRUCT 

11 TRAVEL BY TERRORISTS AND FOREIGN 

1 2 FIGHTERS. 

13 (a) BORDER SECURITY AND COUXTERTERRORISlVI 

14 SCREE~ING TOOLS.-

15 (1) I~ cmNERAL.-Suhjeet to paragn1.ph (2) 

16 and subsection (d), the Secretary of Homelaud Secu17 rity and the Secretary of State shall, to the extent 

18 practicable, accelerate the provisiou of appropriate 

19 versiOns of the follmving systems to foreign govern20 ments: 

21 (A) U.S. Customs and Border Protection's 

22 global travel targeting and analysis systems. 

23 (B) The Department of State's 

24 watchlisting, identification, and screening sys25 tems. 
30


26311d-6.eps

6 

(2) PRIORITIZATION.-The 8eeretm7 of Horne2 land Security and the Secretary of State shall co3 onlinate to prioritize the provision of the systems 

4 specified in paragraph ( 1) to countries determined to 

5 be countries referred to in subsection (c)(3)(A) of 

6 section 2 in the foreign paltner engagement plan re7 quired under such section. 

8 (h) EQnPMENT TRANSFER.-

9 (1) IN GENERAL.-Subject to paragraphs (2), 

10 (3), and (8), the Secretary of Homeland Security is 

11 authori11ed to provide, with or without reimburse12 ment, excess nonlethal equipment and supplies 

13 owne!l by the Department of Homelaml Se(mrity to 

14 a foreign government. 

15 (2) DETERlVIINATIOK.-The Seeretary of Horne16 land Security is authori11ed to provide equipment aud 

17 supplies pursuant to paragTaph ( 1) if the Seeretary 

18 determines that the provision of such equipment aud 

19 supplies would20 (A) further the homeland security interests 

21 of the United States; and 

22 (B) enhanee the reeipient g·overnment's ea23 pacity to-
31


26311d-7.eps

2 

3 

4 

5 

6 

7 

(i) mitigate the risk or threat of terrorism, infectious disease, or natural disaster; 

(ii) protect and expedite lawful trade 

and travel; or 

(iii) enforce intellectual property 

7 rights. 

8 (8) LIMITATION ON TRANSFER-The Seeretary 

9 of Homeland Security may not-

] 0 (A) provide any equipment or supplies that 

11 arc designated as items on the U rritcd States 

12 Munitions TJist pursuant to section :38 of the 

13 ~~rrns Export Control Ad (22 CS.C. 2778): or 

14 (B) provide any vessel or aircraft pursuant 

15 to this subsedion. 

16 ( 4) RJ£LA'l'J£D 'l'RAl~lNG.-ln coqjunction with a 

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

19 provide such equipment-related or supplies-related 

20 training and assistance as the Secretary determines 

21 to be necessary. 

22 ( 5) JYIAIKTENANCE OF TRA __ '-JSFERRED EQUP23 lVlEN'l'.-The Secretary of Homeland Security may 

24 provide for the maintenance of transferred equip25 ment or supplies through service contracts or other 
32


26311d-8.eps

means, ~with or without reimbursement, as the Se(~-

2 retary determines appropriate. 

3 (6) REilVIBTTRSEMEKT OF EXPENSES.-The Se(~-

4 retary of Homeland Security is authorized to collect 

5 pa:yment from the recipient government for the pro6 vision of training, shipping costs, supporting mate7 rials, maintenance, supplies, or other assistance in 

8 support of provided e<pliprnent or supplies under this 

9 subsection. 

10 (7) RRGJjJJPTS CRRDTTRD AS OFFSRTTT~(} COTJ11 LJ<;C'l'lO~S.-Notwithstanding section 3302 of title 

12 :31, rnited States Code, any amount collected under 

13 this subsed,:ion14 (A) shall be credited as offsetting collec15 tions, sul~jed to appropriations. to the ~W(~mmt 

16 that fiuances the activities and services for 

17 which the payment is received; and 

18 (B) shall remain available uutil expended 

19 for the purpose of providing for the security in20 terests of the homeland. 

21 (8) CONCURRENCE.-The Secretary of Home22 land Security may exercise the authority under this 

23 subsection only with the concurrence of the Sec24 retary of State. 
33


26311d-9.eps

9 

(9) RTTLE OF CONSTRrCTIO~.-)Jothing in thi~ 

2 subsection may be construed as affecting, aug3 menting, or !limini~hing the authority of the Se(~-

4 retary of State. 

5 (1 0) DEFINITION.-For the purposes of this 

6 section, the term "excess nonlethal equipment and 

7 supplies" means equipment and supplies the Sec8 retary of Hornelaml Seeurity has determined i~ ei9 ther not required for United States domestic oper1 0 ations, or would be more effective to homeland secu11 rity if deployed for usc outside of the United States. 

12 (c) 1\0TTFTCATTON TO CONGRESS.-

13 (1) IN cm~ERAL.-)Jot later than 15 day~ be14 fore providing any systems or equipment or supplies 

15 under thi~ ~ed,ion, the Seeretm7 of Homeland Seen16 rity and Secretary of State shall provide notification 

17 to the appropriate congressional committees of such 

18 prOVlSlOll. 

19 ( 2) CONTE~TS.-A notification required under 

20 paragTaph (1) shall include the following: 

21 (A) The specific vulnerability that will be 

22 mitigated by the provision of any systems or 

23 equipment or supplies under this section. 
34


26311d-10.eps

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

10 

(B) A_n e},.1llanation as to -why the reeipient 

is unable or unwilling to independently acquire 

sueh systems or equipment or supplies. 

(C) An evacuation plau for auy 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 1~nited States Government 

will ensure that such systems or equipment or 

supplies are being maintained appropriately and 

used as inteuded. 

(E) The total dollar value of such systems, 

equipment, and supplies. 

14 (d) RULE OF CONSTRUCTION.-

15 (1) IN C+ENERAL.-The authority provided 

16 under this section shall be exercised iu accordance 

17 >vith applicable provisions of the ~~rms E},.l)Ort Con18 trol Act (22 C.S.C. 2751 et seq.), the Export Ad19 ministration Reg'tua tions, or any other similar pro vi20 sion of law. 

21 (2) DEFINITIO~.-In this subsection, the term 

22 ''E},.1)ort Administration Reg'tuations'' means23 (A) the Export Administration Regulations 

24 as maintained and amended under the authority 

25 of the International Emergency Economic Pow-
35


26311d-11.eps

2 

3 

11 

ers Ad, (50 U.S.C. 1701 et ser1.) anrl (~odified 

in subchapter C of chapter vTII of title 15, Code 

of Federal Regulations; or 

4 (B) any successor regulatious. 

5 SEC. 4. ACTIONS WITH RESPECT TO FOREIGN COUNTRIES 

6 THAT FAIL TO MEET MINIMUM STANDARDS 

7 FOR SERIOUS AND SUSTAINED EFFORTS TO 

8 COMBAT TERRORIST AND FOREIGN FIGHTER 

9 TRAVEL. 

10 (a) RRPOR.TS TO CONGI\ESS.-

11 (1) l~ GJ<;J'\ERAL.-1\ot later than April 30 of 

12 each year through 2022, the Secretary of State, m 

13 eoordination with the Seeretm7 of Homeland Seeu14 rity, shall submit to the appropriate congressional 

15 eommittees a report with resped to the status of ef16 forts of foreign governments to combat terrorist aud 

17 foreign fighter travel, which shall include an update 

18 to the foreigu partner engagement plan required 

19 under section 2(c). Such reports shall include de20 scriptions of relevant United States Government ac21 tions taken to help countries comply \vith minimum 

22 standards for serious and sustained efforts to com23 bat terrorist and foreign fighter travel, such as those 

24 efforts described in subsection (b). 
36


26311d-12.eps

12 

(2) FOK\L-The reports required hy paragraph 

2 ( 1) may be submitted in unclassified or classified 

3 form. 

4 (3) lNCLUSIOl'\ lN COUJ'\'l'RY REPORTS ON 'l'ER5 RClRTSM.-To the extent practicable, the Seeretary of 

6 State, iu coordination with the Seeretary of Home7 land Security, should incorporate the reports re8 quired hy paragntph ( 1) into the annual eountry re9 ports on terrorism submitted pursuant to seetion 

10 140 of the Foreign Relations Authorihation Act, Fis11 cal Years 1988 aud 1989 (22 U.S.C. 2656f). 

12 (b) YfTNTMTTM STANDARDS DRSCRTRRD.-The mm13 imum standards for serious and sustaine(l efforts to (~orn14 bat terrorist and foreign fighter travel applicable to the 

15 government of a foreign eountry indude the following: 

16 ( 1) The govcnnneut of the country makes 

17 meaningful efforts to identify and monitor terrorists 

18 aud foreign fighters operating within the territory of 

19 the country. 

20 (2) The government of the country regularly ex21 changes substantive counterterrorism information 

22 >"Vith other foreign governments, including the 

23 United States Government, through bilateral or mul24 tilateral channels and international organizations 

25 such as INTERPOL, and eooperates "~th other for-
37


26311d-13.eps

18 

e1gn g-overnments in the investigation and proseeu2 tion of terrorists and foreign fighters. 

3 ( 8) The government of the (~ountry implements 

4 effective border controls or participates in an exist5 ing border-crossing control regime that has been de6 termined by the United States Government to em7 ploy effective border-crossing oversight. 

8 ( 4) The government of the (~ountry has (~on trois 

9 and systems in place to prevent and report upon 

10 counterfeiting, forgery, and fraudulent use or pos11 session of false, stolen, or lost identity papers aud 

12 travel documents. 

13 ( 5) The government of the eountry eolleds mr 

14 passenger data and employs evidence-based traveler 

15 risk assessment and sereening pro(~edures, in(~luding 

16 collection and analysis of travel data. 

17 ( 6) The government of the country approIS priatcly screens travelers, including vetting of trav19 elers at air, sea, and land ports of entry, against 

20 counterterrorism and other criminal databases, as 

21 appropriate. 

22 (7) The government of the eountry submits in23 formation to INTERPOL databases and screens 

24 travelers against I='JTERPOL databases at port.s of 

25 entry and eA.-it. 
38


26311d-14.eps

14 

( R) The government of the eountry ha~ estab2 lished and implemented domestic laws criminalizing 

3 material ~upport to foreign terrori~t organization~ 

4 and has the ability and willingness to prosecute 

5 cases involving such material support to foreign ter6 rorist organizations. 

7 ( 9) The government of the country takes meas8 ure~ to prevent individual~ in it~ territory from trav9 eling abroad to enlist ~with or provide material sup-

] 0 port to foreign terrorist organi:;mtions. 

11 (10) The government of the country takes 

12 measures to ensure a minimal level of corruption 

13 and likelihood that eorruption eould irnpaet the ve14 racity of security and intelligence reporting from the 

15 eountry, a minimal likelihood that ~ud1 (~orruption 

16 could adversely affect the legitimacy of national 

17 identity papers of the country, and the country does 

18 not shelter suspects from investigation and prosecu19 tion. 

20 (11) The government of a country is not deter21 mined to be a high-risk program country under sec22 tion 217(c)(12) of the Immigration and Kationality 

23 Act (8. L'.S.C. 1187(c)(12)). 

24 (c) SUSPENSIOK OF ASSISTA __ 'JCE.-The Secretary of 

25 State, in consultation \vith the Secretary of Homeland Se-
39


26311d-15.eps

15 

eurity and the heads of other Federal ageneies, as appro2 priate, IS authorized to suspend nonhumanitarian, 

3 nontrade-related foreign assistam~e to any government of 

4 a foreign country if the foreign country is identified m 

5 subparagTaph (C) of subsection (a)(l) in the most recent 

6 report submitted to the appropriate congressional commit7 tees under such subsection. 

8 SEC. 5. DEFINITIONS. 

9 In this Act: 

10 (1) APPROPRTA'l'E CXl~CmESSTONAT, COl\!f:\fT'T'-

11 'l'EES.-'l'he tenn "appropriate congressional com12 mittees" means the Committee on Homeland Secu13 rity and Governmental Affairs, the Committee on 

14 Foreign Relations, the Committee on the Judiciary, 

15 and the Committee on Commeree, Seienee, and 

16 Transportation of the Senate and the Committee on 

17 Homeland Security, the Committee on the .Judiciary, 

18 and the Committee on Poreign 1\ffairs of the House 

19 of Representatives. 

20 (2) FCH\.ETGN TERRORTS'l' UI\.C+A~TIIA'l'TOK.-The 

21 term "foreign terrorist organization" means an or22 ganization that is designated as a foreign terrorist 

23 organi~ation pursuant to section 219 of the Immi24 gration and :\fationality Act (8 r.S.C. 1189). 
40

Mr. POE. Before turning to our ranking member, I now recognize 

myself to speak on today’s two bills. The two bipartisan bills today 

before us, H.R. 425 and 1196, address dangerous issues: Terrorists 

and foreign fighter travel. 

H.R. 425, the FTO Passport Revocation Act that Ranking Member Keating and myself introduced will authorize the Secretary of 

State to revoke passports of those Americans who have aided and 

abetted terrorist organizations. This will help prevent American 

citizens with evil designs to exploit the privilege of a U.S. passport 

to support the murderous cause of terrorism. 

Mr. Zeldin’s important bill, H.R. 1196, the Counterterrorism 

Screening and Assistance Act of 2017 will increase U.S. engagement with partner nations and increase the capacity to screen and 

prevent foreign fighter travel. We have all seen the devastating results of lax security and screenings, including most recently when 

the perpetrator of the Manchester bombing returned from Libya, 

an ISIS hotspot, days before the attack. 

These two measures will go a long way to securing our homeland 

and protecting our allies around the world. I encourage all members to vote in favor of these two important pieces of legislation. 

I will now yield to the gentleman from Massachusetts, the ranking member, Mr. Keating. 

Mr. KEATING. Thank you, Chairman Poe and thank you for 

bringing forward those two important pieces of legislation. 

H.R. 425, the FTO Passport Revocation Act of which I am proud 

to join you as a cosponsor, is straightforward. This bill would authorize the Secretary of State to refuse to issue a passport to or revoke the passport of an individual who is affiliated with aiding, asVerDate 0ct 09 2002 13:56 Aug 01, 2017 Jkt 000000 PO 00000 Frm 00044 Fmt 6633 Sfmt 6633 F:\WORK\_TNT\071917M\26311 SHIRL

26311d-16.eps
41

sisting, or abetting an organization the Secretary has designated as 

a foreign terrorist organization with certain exceptions, including 

emergency circumstances, humanitarian reasons, and law enforcement purposes. I appreciate your leadership on this issue and your 

attention to streamlining the changes between this bill and the 

House-passed version from last Congress. 

H.R. 1196, the Counterterrorism Screening and Assistance Act 

introduced by our colleague, Mr. Zeldin, is a product of the House 

Homeland Security Committee’s Foreign Fighters Task Force. As 

many of us know, the task force completed and published a review 

of foreign fighter travel and threats in 2016. This bill, a version of 

which passed the House under suspension last year, seeks to improve U.S. programs to strengthen foreign governments’ efforts to 

disrupt terrorist and foreign fighter travel. I am particularly appreciative of your willingness to continue to work with me and members of the subcommittee to further improve this legislation. 

It is important that we do not penalize our foreign partners for 

their efforts, promote peace at home, and that we ensure any foreign assistance authorized to be suspended under this bill is not 

detrimental to our security concerns. 

I look forward to working with you to this end and thank you for 

your commitment. I yield back. 

Mr. POE. Do any other members wish to seek recognition? The 

Chair recognizes the gentleman from New York, Mr. Zeldin. 

Mr. ZELDIN. Well, thank you, Mr. Chairman. I appreciate the 

subcommittee’s consideration of my legislation today. 

Sadly, we have seen terrorist attacks in Europe over the last 3 

years, which have killed hundreds of people and were largely carried about by European nationals. Some of the perpetrators of 

these attacks traveled to train and fight in Syria and returned to 

Europe through Greece and Turkey. Although some of the 

attackers were already known to local authorities, they were able 

to move across borders without detection and, in some cases, used 

fraudulent passports. 

Given the high number of foreign fighters returning from ISIS 

strongholds in Syria, Iraq, and elsewhere, there is a recognized 

need for improved border security information-sharing between 

governments. 

The lack of a United States governmentwide risk-based approach 

increases the odds that systematic security gaps abroad may persist and that United States response efforts will not maximized in 

order to close these gaps. Failure to effectively coordinate capacitybuilding activities also results in greater risk of overlap, waste, and 

unnecessary duplication between the United States and international programs. 

To help solve this program problem, I introduced H.R. 1196, the 

Counterterrorism Screening and Assistance Act of 2017. This effort 

is very similar to H.R. 4314 from the 114th Congress, which passed 

the house by a 371 to 2 vote on March 21, 2016. 

H.R. 1196 mandates a report card which will assess foreign governments’ respective border security efforts. My bill would also require the President to submit a plan to Congress, which would 

catalog ongoing initiatives and programs with the goal of enhancing the partner and country capacities of interdicting terrorist acVerDate 0ct 09 2002 13:56 Aug 01, 2017 Jkt 000000 PO 00000 Frm 00045 Fmt 6633 Sfmt 6633 F:\WORK\_TNT\071917M\26311 SHIRL
42

tivities and foreign fighter travel. The plan will also identify areas 

for improvement and steps that will be taken to address any concerns. 

H.R. 1196 would also require the Department of State and Department of Homeland Security to accelerate the delivery of certain 

border security systems prioritizing delivery to countries of greatest 

concern and risk for foreign fighter or terrorist travel. When possible, the U.S. will attempt to collect reimbursement for transferred 

equipment and all equipment transfers will comply with existing 

regulations related to the export of sensitive technologies. 

The Department of State and Department of Homeland Security 

will also be required to submit an annual report to Congress detailing how countries are meeting the minimum of border security 

standards established within the Act. The report will assess partner country efforts over the previous 12 months and identify areas 

for improvement. 

Further, the bill would put in place a monitoring system that 

would screen for infectious diseases to contain and prevent any potential outbreaks, which will help quarantine viruses by authorizing the Secretary of Homeland Security to provide the necessary 

equipment and supplies to mitigate the risk or threat of infectious 

diseases such as Zika. 

Finally, H.R. 1196 would allow the Secretary of State, in consultation with the Secretary of Homeland Security, to suspend all 

nonhumanitarian, nontrade-related foreign assistance to any country deemed not to meet the minimum border security standards set 

forth in the bill. 

Senators Marco Rubio and Chris Coons have introduced a companion bill in the Senate, which is Senate Bill 942. 

I look forward to working with my colleagues in the House and 

our friends in the Senate to pass and send this bill to the President. 

Again, I would like to thank you, Chairman, and the ranking 

member for your hard work and efforts in considering this legislation today and I yield back. 

Mr. POE. I thank the gentleman from New York. 

Does any other member wish to be recognized? 

The Chair recognizes the gentleman from South Carolina, Mr. 

Wilson. 

Mr. WILSON. Thank you, Chairman Judge Ted Poe, for your leadership. I am grateful to support the bills in today’s markup. I always appreciate being in the presence of Chairman Frank Wolf of 

the Commonwealth of Virginia. 

Recently, we have seen a rise in the terrorist threats coming 

from returned foreign fighters and homegrown terrorists, as the Islamic State uses their extensive digital network to promote violent 

extreme messaging in an effort to recruit in Western nations, including in the United States. 

I was grateful to introduce an amendment to this year’s National 

Defense Authorization Act last week that would counter the propaganda and fundraising efforts that are used to recruit Americans 

to join terrorist groups as foreign fighters. We should also have 

penalties for American citizens who join the fight against freedom, 

democracy, and human dignity, including the revocation or denial 

43

of a United States passport. We also need to establish minimum 

border security standards to combat international travel by foreign 

terrorist fighters. The bills before the subcommittee today do just 

that by working in a comprehensive manner to address both the 

causes of foreign terrorist fighters and their movements so that we 

can protect American families. 

Thank you, Mr. Chairman. I yield back. 

Mr. POE. Any other members wish to be heard? Seeing none, the 

question occurs on the items mentioned en bloc. 

All those in favor, say aye. 

All those opposed, no. 

In the opinion of the Chair, the ayes have it. The measures considered en bloc are agreed to. 

Without objection, the measures considered en bloc will be ordered favorably to the full committee, as amended. The staff, as decided, are directed to make technical and conforming changes. 

This concludes our markup. The subcommittee stands adjourned 

on the markup. 

[Whereupon, at 2:45 p.m., the subcommittee was adjourned.] 

(45)

A P P E N D I X 

MATERIAL SUBMITTED FOR THE RECORD

46

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26311n.eps

SUBCOMMITTEE MARKUP NOTICE 

COMMITTEE ON FOREIGN AFFAIRS 

U.S. HOUSE OF REPRESENTATIVES 

WASHINGTON. DC 20515-6128 

Subcommittee on Terrorism, Nonproliferation, and Trade 

Ted Poe (R-TX), Chairman 

July 13, 2017 

TO: MEMBERS OF THE COMMITTEE ON FOREIGN AFFAIRS 

You are respectfully requested to attend an OPEN markup of the Committee on Foreign Affairs, to 

be held by the Subcommittee on Terrorism, Nonproliferation, in Room 2200 of the Rayburn House Office 

Building (and available live on the Committee website at http://v,'"\V\:Y foreiunAffairs house gov): 

DATE: Wednesday, July 19, 2017 

TIME: 200 p.m. 

MARKUP OF: HR. 425, FTO Passport Revocation Act of 20 17; and 

HR. 1196, Counterterrorism Screening and Assistance Act of2017 

B.\ Direction of the Chairman 
47

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26311m.eps

COMMITTEE ON FOREIGN AFFAIRS 

MINUTES Dr SUDCOMMITTEE MARKUP 

MINUTES OF SUBCOMMITTEE ON Tcn·orism, Nonproliferatluu, ami Tl'luie 

Dny Wcduesdm• Dnte, ____ Z"-Y""19<!'/-"1.!...7 ___ Room ___ _,2ce2ocii::_O __ _ 

Starting Time ~--)-~-i~----- . Ending Tjme 

_MARKUP 

llrccsscs (___to __ ) ( __ to __ ) L_to __ ) ( __ to __ ) L_to __ ) L_to __ ) 

Clwirnum Poe 

Open Session []] 

Executive (closed) Session 0 

Televised D 

Electrunic.•lly Recorded (tnped) []] 

Stenogmpllic Record [Z] 

1JILLS FOR MAlH(UP: (Include bill mtmbcr(>) and tille(') qf legislatimt.) 

H.R. 425, FTOPassportRevocationActoj2017 

H.R. I !96 Cotmtertermri.,·m Screening ami /JssistrmceAct of2017 

COMMITTEE MEMBERS PUESENT: 

Reps. Poe, J(euting, Wi!.wm, Til us, Cook, ToNes, Zeldin, Schneider, Gatrett 

NON-COMMITTEE MEMBERS PRESENT: 

STATEMENTS FOR 'l'HE HECOIU); (Lis/ any slalemeuls submitled.for the record) 

ACTIONS TAKEN DURING THE MARKUP: (Attac!: copies of /egislatim1 and amendments.) 

See jlfarkup Sw1mutry. 

RECORDED VOTES TAKEN (FOR MARKUP): (Attaclifinalvnte tally sheet listing each member . .) 

TIME SCHEDULED TO RECONVEN£ ____ 1

'\

1 OJ' 

TIME ADJOUHNED 2:£,_ __ _ 
48

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26311s.eps

7/19/17 Subcommittee on Terrorism, Nonproliferation, and Trade Markup Summary 

By unanimous consent, the Chair called up the following measures and amendments, previously 

provided to Members, to be considered en bloc 

1. HR. 425 (Poe), FTO Passport Revocation Act of2017; 

a. Poe 45, in the nature of a substitute to HR. 425. 

2. HR. 1196 (Zeldin), Counterterrorism Screening and Assistance Act of 20 17; 

a. Zeldin 25, in the nature of a substitute to H.R. 1196. 

The measures considered en bloc were agreed to by voice vote. 

By unanimous consent, the measures as amended were ordered favorably reported to the Full 

Committee, as amended. 

The Subcommittee adjourned.