I 

115TH CONGRESS 

1ST SESSION 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. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 16, 2017 

Mr. ZELDIN (for himself, Mr. MCCAUL, and Ms. SINEMA) introduced the following bill; which was referred to the Committee on Foreign Affairs, and 

in addition to the Committees on Homeland Security, and the Judiciary, 

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 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. 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 


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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 two 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 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 congressional committees 

24 unclassified and classified versions of a foreign part25 ner engagement plan which catalogues existing caVerDate Sep 11 2014 19:39 Feb 27, 2017 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1196.IH H1196

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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 the countries 

16 of greatest concern and risk for travel to the 

17 United States by members of foreign terrorist 

18 organizations and 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, including— 

22 (i) an identification of the number of 

23 flights that originate from last points of 

24 departure in each country to the United 

25 States; 


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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 countries 

20 referred to in subparagraph (A), 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 


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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 paragraph (2) 

9 and subsection (d), the Secretary of Homeland Secu10 rity and the Secretary of State shall, to the extent 

11 practicable, accelerate the provision of appropriate 

12 versions of the following systems to foreign govern13 ments: 

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

15 global travel targeting and analysis systems. 

16 (B) The Department of State’s 

17 watchlisting, identification, and screening sys18 tems. 

19 (2) PRIORITIZATION.—The Secretary of Home20 land Security and the Secretary of State shall co21 ordinate to prioritize the provision of the systems 

22 specified in paragraph (1) to countries determined to 

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

24 section 2 in the foreign partner engagement plan re25 quired under such section. 


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1 (b) EQUIPMENT TRANSFER.— 

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

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

4 authorized to provide, with or without reimburse5 ment, excess nonlethal equipment and supplies 

6 owned by the Department of Homeland Security to 

7 a foreign government. 

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— 


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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. 


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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) CONCURRENCE.—The Secretary of Home13 land Security may exercise the authority under this 

14 subsection only with the concurrence of the Sec15 retary of State. 

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

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

20 (10) 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 is ei24 ther not required for United States domestic operVerDate Sep 11 2014 19:39 Feb 27, 2017 Jkt 069200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1196.IH H1196

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1 ations, or would be more effective to homeland secu2 rity if deployed for use outside of the United States. 

3 (c) NOTIFICATION TO CONGRESS.— 

4 (1) IN GENERAL.—Not 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 appropriate congressional committees of such 

9 provision. 

10 (2) CONTENTS.—A notification required under 

11 paragraph (1) shall include the following: 

12 (A) The specific vulnerability that will be 

13 mitigated by the provision of any systems or 

14 equipment or supplies under this section. 

15 (B) An explanation as to why the recipient 

16 is unable or unwilling to independently acquire 

17 such systems or equipment or supplies. 

18 (C) An evacuation plan for any sensitive 

19 technologies in case of emergency or instability 

20 in the country to which such systems or equip21 ment or supplies is being provided. 

22 (D) How the United States Government 

23 will ensure that such systems or equipment or 

24 supplies are being maintained appropriately and 

25 used as intended. 


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

2 equipment, and supplies. 

3 (d) RULE OF CONSTRUCTION.— 

4 (1) IN GENERAL.—The authority provided 

5 under this section shall be exercised in accordance 

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

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

11 ‘‘Export Administration Regulations’’ means— 

12 (A) the Export Administration Regulations 

13 as maintained and amended under the authority 

14 of the International Emergency Economic Pow15 ers Act (50 U.S.C. 1701 et seq.) and codified 

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

17 of Federal Regulations; or 

18 (B) any successor regulations. 

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

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

3 coordination with the Secretary of Homeland Secu4 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 required 

9 under section 2(c). Such reports shall include de10 scriptions of relevant United States Government ac11 tions taken to help countries comply with minimum 

12 standards for serious and sustained efforts to com13 bat terrorist and foreign fighter travel, such as those 

14 efforts described in subsection (b). 

15 (2) FORM.—The reports required by paragraph 

16 (1) may be submitted in unclassified or classified 

17 form. 

18 (3) INCLUSION IN COUNTRY REPORTS ON TER19 RORISM.—To the extent practicable, the Secretary of 

20 State, in coordination with the Secretary of Home21 land Security, should incorporate the reports re22 quired by paragraph (1) into the annual country re23 ports on terrorism submitted pursuant to section 

24 140 of the Foreign Relations Authorization Act, Fis25 cal Years 1988 and 1989 (22 U.S.C. 2656f). 


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1 (b) MINIMUM STANDARDS DESCRIBED.—The min2 imum standards for serious and sustained efforts to com3 bat terrorist and foreign fighter travel applicable to the 

4 government of a foreign country include the following: 

5 (1) The government of the country makes 

6 meaningful efforts to identify and monitor terrorists 

7 and foreign fighters operating within the territory of 

8 the country. 

9 (2) The government of the country regularly ex10 changes substantive counterterrorism information 

11 with other foreign governments, including the 

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

14 such as INTERPOL, and cooperates with other for15 eign governments in the investigation and prosecu16 tion of terrorists and foreign fighters. 

17 (3) The government of the country implements 

18 effective border controls or participates in an exist19 ing border-crossing control regime that has been de20 termined by the United States Government to em21 ploy effective border-crossing oversight. 

22 (4) The government of the country has controls 

23 and systems in place to prevent and report upon 

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1 session of false, stolen, or lost identity papers and 

2 travel documents. 

3 (5) The government of the country collects air 

4 passenger data and employs evidence-based traveler 

5 risk assessment and screening procedures, including 

6 collection and analysis of travel data. 

7 (6) The government of the country appro8 priately screens travelers, including vetting of trav9 elers at air, sea, and land ports of entry, against 

10 counterterrorism and other criminal databases, as 

11 appropriate. 

12 (7) The government of the country submits in13 formation to INTERPOL databases and screens 

14 travelers against INTERPOL databases at ports of 

15 entry and exit. 

16 (8) The government of the country has estab17 lished and implemented domestic laws criminalizing 

18 material support to foreign terrorist organizations 

19 and has the ability and willingness to prosecute 

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

22 (9) The government of the country takes meas23 ures to prevent individuals in its territory from trav24 eling abroad to enlist with or provide material sup25 port to foreign terrorist organizations. 


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1 (10) The government of the country takes 

2 measures to ensure a minimal level of corruption 

3 and likelihood that corruption could impact the ve4 racity of security and intelligence reporting from the 

5 country, a minimal likelihood that such corruption 

6 could adversely affect the legitimacy of national 

7 identity papers of the country, and the country does 

8 not shelter suspects from investigation and prosecu9 tion. 

10 (11) The government of a country is not deter11 mined to be a high-risk program country under sec12 tion 217(c)(12) of the Immigration and Nationality 

13 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, 

18 nontrade-related foreign assistance to any government of 

19 a foreign country if the foreign country is identified in 

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

21 report submitted to the appropriate congressional commit22 tees under such subsection. 

23 SEC. 5. DEFINITIONS. 

24 In this Act: 


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1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means the Committee on Homeland Secu4 rity and Governmental Affairs, the Committee on 

5 Foreign Relations, the Committee on the Judiciary, 

6 and the Committee on Commerce, Science, and 

7 Transportation of the Senate and the Committee on 

8 Homeland Security, the Committee on the Judiciary, 

9 and the Committee on Foreign Affairs of the House 

10 of Representatives. 

11 (2) FOREIGN TERRORIST ORGANIZATION.—The 

12 term ‘‘foreign terrorist organization’’ means an or13 ganization that is designated as a foreign terrorist 

14 organization pursuant to section 219 of the Immi15 gration and Nationality Act (8 U.S.C. 1189). 

16 (3) NONHUMANITARIAN, NONTRADE-RELATED

17 FOREIGN ASSISTANCE.—The term ‘‘nonhumani18 tarian, nontrade-related foreign assistance’’ has the 

19 meaning given the term in section 103 of the Traf20 ficking Victims Protection Act of 2000 (22 U.S.C. 

21 7102). 


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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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