II 

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. 

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 ‘‘Counterterrorism 

3 Screening and Assistance Act of 2017’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) APPROPRIATE CONGRESSIONAL COMMIT7 TEES.—The term ‘‘appropriate congressional com8 mittees’’ means— 

9 (A) the Committee on Commerce, Science, 

10 and Transportation of the Senate; 

11 (B) the Committee on Foreign Relations of 

12 the Senate; 

13 (C) the Committee on Homeland Security 

14 and Governmental Affairs of the Senate; 

15 (D) the Committee on the Judiciary of the 

16 Senate; 

17 (E) the Committee on Foreign Affairs of 

18 the House of Representatives; 

19 (F) the Committee on Homeland Security 

20 of the House of Representatives; and 

21 (G) the Committee on the Judiciary of the 

22 House of Representatives. 

23 (2) FOREIGN TERRORIST ORGANIZATION.—The 

24 term ‘‘foreign terrorist organization’’ means an or25 ganization that is designated by the Secretary of 

26 State as a foreign terrorist organization pursuant to 


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1 section 219(a) of the Immigration and Nationality 

2 Act (8 U.S.C. 1189(a)). 

3 (3) NONHUMANITARIAN, NONTRADE-RELATED

4 FOREIGN ASSISTANCE.—The term ‘‘nonhumani5 tarian, nontrade-related foreign assistance’’ has the 

6 meaning given the term in section 103 of the Traf7 ficking Victims Protection Act of 2000 (22 U.S.C. 

8 7102). 

9 SEC. 3. FOREIGN PARTNER ENGAGEMENT PLAN. 

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

11 the Committee on Homeland Security of the House of 

12 Representatives’s bipartisan Task Force on Combating 

13 Terrorist and Foreign Fighter Travel, Congress makes the 

14 following findings: 

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

16 the United States to assist foreign partners in clos17 ing security gaps that may allow terrorists and for18 eign fighters to avoid detection while traveling inter19 nationally. 

20 (2) Building foreign partner capacity to combat 

21 terrorist travel helps extend the United States secu22 rity beyond its border to mitigate threats before they 

23 reach the United States. 

24 (3) Since the attacks on September 11, 2001, 

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1 cies have spent billions of dollars helping foreign 

2 partners improve their security against terrorist 

3 travel, including by providing such partners with 

4 technical assistance, equipment, training, and other 

5 tools. 

6 (4) The lack of a United States Government7 wide, risk-based approach increases the likelihood 

8 that— 

9 (A) systematic security gaps abroad will 

10 persist; and 

11 (B) the United States Government will not 

12 maximize its response efforts to close such 

13 gaps. 

14 (5) Failure to effectively coordinate capacity15 building activities also increases the likelihood of 

16 overlap, waste, and unnecessary duplication between 

17 the United States and international programs. 

18 (b) SENSE OF CONGRESS.—It is the sense of Con19 gress that— 

20 (1) the United States Government must ensure 

21 capacity-building assistance is coordinated— 

22 (A) among United States Government de23 partments and agencies; and 

24 (B) with foreign implementing partners; 

25 and 


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1 (2) such assistance should be prioritized for the 

2 highest-risk countries for travel by terrorists and 

3 foreign fighters. 

4 (c) PLAN.— 

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

6 after the date of the enactment of this Act, and 

7 every two years thereafter in conjunction with the 

8 President’s budget submission to Congress under 

9 section 1105 of title 31, United States Code, until 

10 2023, the Secretary of State, in accordance with the 

11 protection of intelligence sources and methods, shall 

12 develop and submit to the appropriate congressional 

13 committees unclassified and classified versions of a 

14 foreign partner engagement plan, which— 

15 (A) catalogs existing capacity-building ini16 tiatives abroad to combat travel by terrorists 

17 and foreign fighters; and 

18 (B) identifies areas for adjustment to align 

19 ongoing efforts with risk-based priorities. 

20 (2) COORDINATION AND CONSULTATION.—The 

21 plan required under paragraph (1) shall be devel22 oped in coordination with all relevant United States 

23 Government departments and agencies and in con24 sultation with the Secretary of Homeland Security, 

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1 fense, the Attorney General, the Director of Na2 tional Intelligence, and the Director of the Federal 

3 Bureau of Investigation. 

4 (3) CONTENTS.—The plan required under para5 graph (1) shall— 

6 (A) include an assessment of the countries 

7 of greatest concern and risk for travel to the 

8 United States by members of foreign terrorist 

9 organizations and foreign fighters, which may 

10 be based on the minimum standards described 

11 in section 5(b) and other factors, as appro12 priate, including— 

13 (i) the number of flights to the United 

14 States that originate from last points of 

15 departure in each country; 

16 (ii) visa waiver program status or visa 

17 application and denial rates for each coun18 try; 

19 (iii) recent threats, terrorist and for20 eign fighter travel trends, and the overall 

21 terror threat environment in each country; 

22 and 

23 (iv) other criteria identified by the 

24 Secretary of State and the Secretary of 

25 Homeland Security; 


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1 (B) detail existing United States Govern2 ment programs, projects, and activities intended 

3 to build the capacity of such countries to com4 bat travel by terrorists and foreign fighters, in5 cluding estimated spending levels by country, to 

6 the extent practicable; and 

7 (C) outline a plan for prioritizing United 

8 States Government resources toward countries 

9 referred to in subparagraph (A), including— 

10 (i) efforts that should be reformed, 

11 consolidated, or eliminated; and 

12 (ii) new programs, projects, or activi13 ties that are requested, being planned, or 

14 are undergoing implementation and the 

15 costs associated with such programs, 

16 projects, or activities. 

17 SEC. 4. SHARING SYSTEMS AND EQUIPMENT TO OBSTRUCT 

18 TRAVEL BY TERRORISTS AND FOREIGN 

19 FIGHTERS. 

20 (a) BORDER SECURITY AND COUNTERTERRORISM

21 SCREENING TOOLS.— 

22 (1) IN GENERAL.—Subject to paragraph (2) 

23 and subsection (d), the Secretary of Homeland Secu24 rity and the Secretary of State shall provide foreign 


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1 governments, to the extent practicable, appropriate 

2 versions of— 

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

4 global travel targeting and analysis systems; 

5 and 

6 (B) the Department of State’s watchlist7 ing, identification, and screening systems. 

8 (2) PRIORITIZATION.—The Secretary of Home9 land Security and the Secretary of State shall pro10 vide the systems specified in paragraph (1) to coun11 tries referred to in section 3(c)(3)(A) before such 

12 systems are provided to other countries. 

13 (b) EQUIPMENT TRANSFER.— 

14 (1) DEFINED TERM.—In this subsection, the 

15 term ‘‘excess nonlethal equipment and supplies’’ 

16 means equipment and supplies that the Secretary of 

17 Homeland Security determines— 

18 (A) are not required for United States do19 mestic operations; or 

20 (B) would be more effective to homeland 

21 security if deployed for use outside of the 

22 United States. 

23 (2) AUTHORIZATION.—Subject to paragraphs 

24 (3) and (8), the Secretary of Homeland Security 

25 may provide excess nonlethal equipment and supplies 


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1 to a foreign government, with or without reimburse2 ment, if the Secretary determines such action 

3 would— 

4 (A) further the homeland security interests 

5 of the United States; and 

6 (B) enhance the recipient government’s ca7 pacity— 

8 (i) to mitigate the risk or threat of 

9 terrorism, infectious disease, or natural 

10 disaster; 

11 (ii) to protect and expedite lawful 

12 trade and travel; or 

13 (iii) to enforce intellectual property 

14 rights. 

15 (3) LIMITATION ON TRANSFER.—In carrying 

16 out paragraph (2), the Secretary of Homeland Secu17 rity may not provide any foreign country with— 

18 (A) any equipment or supplies that are 

19 designated as items on the United States Muni20 tions List pursuant to section 38 of the Arms 

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

22 (B) any vessel or aircraft. 

23 (4) RELATED TRAINING.—In conjunction with 

24 the provision of equipment or supplies pursuant to 

25 paragraph (1), the Secretary of Homeland Security 


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1 may provide such training and assistance as the Sec2 retary determines to be necessary to use or operate 

3 such equipment or supplies. 

4 (5) MAINTENANCE OF TRANSFERRED EQUIP5 MENT.—The Secretary of Homeland Security may 

6 provide for the maintenance of transferred equip7 ment or supplies through service contracts or other 

8 means, with or without reimbursement, as the Sec9 retary determines appropriate. 

10 (6) REIMBURSEMENT OF EXPENSES.—The Sec11 retary of Homeland Security may collect payment 

12 from a recipient government under this subsection 

13 for the provision of training, shipping costs, sup14 porting materials, maintenance, supplies, or other 

15 assistance in support of equipment or supplies pro16 vided under this subsection. 

17 (7) RECEIPTS CREDITED AS OFFSETTING COL18 LECTIONS.—Notwithstanding section 3302 of title 

19 31, United States Code, any amount collected under 

20 this subsection— 

21 (A) shall be credited as offsetting collec22 tions, subject to appropriations, to the account 

23 that finances the activities and services for 

24 which the payment is received; and 


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1 (B) shall remain available until expended 

2 for homeland security. 

3 (8) CONCURRENCE.—The Secretary of Home4 land Security may exercise the authority under this 

5 subsection only with the concurrence of the Sec6 retary of State. 

7 (9) RULE OF CONSTRUCTION.—Nothing in this 

8 subsection may be construed as affecting, aug9 menting, or diminishing the authority of the Sec10 retary of State. 

11 (c) NOTIFICATION TO CONGRESS.— 

12 (1) IN GENERAL.—Not later than 15 days be13 fore providing any systems, equipment, or supplies 

14 under this section, the Secretary of Homeland Secu15 rity and Secretary of State shall notify the appro16 priate congressional committees in accordance with 

17 paragraph (2). 

18 (2) CONTENTS.—Each notification under para19 graph (1) shall include— 

20 (A) the specific vulnerability that will be 

21 mitigated by the provision of the systems, 

22 equipment, or supplies under this section; 

23 (B) an explanation for the recipient’s in24 ability or unwillingness to independently acquire 

25 such systems, equipment, or supplies; 


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1 (C) an evacuation plan for any sensitive 

2 technologies in case of emergency or instability 

3 in the country to which such systems or equip4 ment or supplies is being provided; 

5 (D) how the United States Government 

6 will ensure that such systems or equipment or 

7 supplies are being maintained appropriately and 

8 used as intended; and 

9 (E) the total monetary value of such sys10 tems, equipment, and supplies. 

11 (d) RULE OF CONSTRUCTION.— 

12 (1) DEFINED TERM.—In this subsection, the 

13 term ‘‘Export Administration Regulations’’ means— 

14 (A) the Export Administration Regulations 

15 maintained and amended under the authority of 

16 the International Emergency Economic Powers 

17 Act (50 U.S.C. 1701 et seq.) and codified in 

18 subchapter C of chapter VII of title 15, Code 

19 of Federal Regulations; and 

20 (B) any successor regulations. 

21 (2) RESTRICTION.—The authority provided 

22 under this section shall be exercised in accordance 

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1 ministration Regulations, and any other similar pro2 vision of law. 

3 SEC. 5. ACTIONS WITH RESPECT TO FOREIGN COUNTRIES 

4 THAT FAIL TO MEET MINIMUM STANDARDS 

5 FOR SERIOUS AND SUSTAINED EFFORTS TO 

6 COMBAT TERRORIST AND FOREIGN FIGHTER 

7 TRAVEL. 

8 (a) REPORTS TO CONGRESS.— 

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

10 each year through 2022, the Secretary of State, in 

11 coordination with the Secretary of Homeland Secu12 rity, shall submit to the appropriate congressional 

13 committees a report, in unclassified or classified 

14 form, that describes— 

15 (A) the status of efforts of foreign govern16 ments to combat terrorist and foreign fighter 

17 travel, including an update to the foreign part18 ner engagement plan required under section 

19 3(c); and 

20 (B) relevant United States Government ac21 tions taken to help countries comply with min22 imum standards for serious and sustained ef23 forts to combat terrorist and foreign fighter 

24 travel, such as the minimum standards de25 scribed in subsection (b). 


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1 (2) INCLUSION IN COUNTRY REPORTS ON TER2 RORISM.—To the extent practicable, the Secretary of 

3 State, in coordination with the Secretary of Home4 land Security, should incorporate the reports re5 quired under paragraph (1) into the annual country 

6 reports on terrorism submitted pursuant to section 

7 140 of the Foreign Relations Authorization Act, Fis8 cal Years 1988 and 1989 (22 U.S.C. 2656f). 

9 (b) MINIMUM STANDARDS DESCRIBED.—The min10 imum standards for serious and sustained efforts to com11 bat terrorist and foreign fighter travel applicable to the 

12 government of a foreign country include— 

13 (1) making meaningful efforts to identify and 

14 monitor terrorists and foreign fighters operating 

15 within the territory of the country; 

16 (2) regularly exchanging substantive counterter17 rorism information with other foreign governments, 

18 including the United States Government, through bi19 lateral or multilateral channels and international or20 ganizations such as INTERPOL; 

21 (3) cooperating with other foreign governments 

22 in the investigation and prosecution of terrorists and 

23 foreign fighters; 

24 (4) implementing effective border controls or 

25 participating in an existing border-crossing control 


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1 regime that has been determined by the United 

2 States Government to employ effective border-cross3 ing oversight; 

4 (5) having controls and systems in place to pre5 vent and report upon counterfeiting, forgery, and 

6 fraudulent use or possession of false, stolen, or lost 

7 identity papers and travel documents; 

8 (6) collecting air passenger data and employs 

9 evidence-based traveler risk assessment and screen10 ing procedures, including the collection and analysis 

11 of travel data; 

12 (7) appropriately screening travelers, including 

13 vetting travelers at air, sea, and land ports of entry, 

14 against counterterrorism and other criminal data15 bases, as appropriate; 

16 (8) submitting information to INTERPOL 

17 databases and screening travelers against INTER18 POL databases at ports of entry and exit; 

19 (9) establishing and implementing domestic 

20 laws criminalizing material support to foreign ter21 rorist organizations and having the ability and will22 ingness to prosecute cases involving such material 

23 support to foreign terrorist organizations; 

24 (10) taking measures to prevent individuals in 

25 its territory from traveling abroad to enlist with or 


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1 provide material support to foreign terrorist organi2 zations; 

3 (11) taking measures to ensure a minimal level 

4 of corruption and likelihood that corruption could 

5 impact the veracity of security and intelligence re6 porting from the country, a minimal likelihood that 

7 such corruption could adversely affect the legitimacy 

8 of national identity papers of the country, and not 

9 sheltering suspects from investigation and prosecu10 tion; and 

11 (12) not being classified as a high-risk program 

12 country under section 217(c)(12) of the Immigration 

13 and Nationality Act (8 U.S.C. 1187(c)(12)). 

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

15 State, in consultation with the Secretary of Homeland Se16 curity and the heads of other Federal agencies, as appro17 priate, is authorized to suspend nonhumanitarian, non18 trade-related foreign assistance to the government of any 

19 foreign country that is not making significant efforts to 

20 comply with the minimum standards for serious and sus21 tained efforts to combat terrorist and foreign fighter travel 

22 described in subsection (b). 


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1 SEC. 6. NO ADDITIONAL FUNDS AUTHORIZED. 

2 No additional funds are authorized to carry out the 

3 requirements of this Act. Such requirements shall be car4 ried out using amounts otherwise authorized. 

Æ 


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