IIB 
114TH CONGRESS 
2D SESSION 
H. R. 4314 
IN THE SENATE OF THE UNITED STATES 
APRIL 4, 2016 
Received; read twice and referred to the Committee on Foreign Relations 
AN ACT 
To require a plan to combat international travel by terrorists 
and foreign fighters, accelerate the transfer of certain 
border security systems to foreign partner governments, 
establish minimum international border security stand-
ards, authorize the suspension of foreign assistance to 
countries not making significant efforts to comply with 
such minimum standards, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Counterterrorism 
Screening and Assistance Act of 2016’’. 
SEC. 2. FOREIGN PARTNER ENGAGEMENT PLAN. 
(a) FINDINGS.—Consistent with the final report of 
the Committee on Homeland Security of the House of 
Representatives bipartisan ‘‘Task Force on Combating 
Terrorist and Foreign Fighter Travel’’, Congress makes 
the following findings: 
(1) It is important for the national security of 
the United States to assist foreign partners in clos-
ing security gaps which may allow terrorists and for-
eign fighters to travel internationally, avoiding de-
tection. 
(2) Building foreign partner capacity to combat 
terrorist travel helps extend the United States secu-
rity beyond its border to mitigate threats before they 
reach the United States. 
(3) United States Government departments and 
agencies have spent billions of dollars to help foreign 
partners improve their security against terrorist 
travel since the attacks of September 11, 2001, in-
cluding through the provision of technical assistance, 
equipment, training, and other tools. 
(4) The lack of a United States Government-
wide, risk-based approach increases the odds that 
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systematic security gaps abroad may persist and 
that United States response efforts will not be maxi-
mized in order to close these gaps. 
(5) Failure to effectively coordinate capacity- 
building activities also results in greater risk of over-
lap, waste, and unnecessary duplication between the 
United States and international programs. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the United States Government must ensure ca-
pacity-building assistance is coordinated both among 
United States Government departments and agencies as 
well as with foreign implementing partners, and assistance 
should be prioritized for the highest-risk countries for 
travel by terrorists and foreign fighters. 
(c) PLAN.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act and every 
2 years thereafter at the time of the President’s 
budget submission to Congress under section 1105 
of title 31, United States Code, until 2022, the Sec-
retary of State shall, in accordance with the protec-
tion of intelligence sources and methods, develop and 
submit to the appropriate congressional committees 
unclassified and classified versions of a foreign part-
ner engagement plan which catalogues existing ca-
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pacity-building initiatives abroad to combat travel by 
terrorists and foreign fighters and identifies areas 
for adjustment to align ongoing efforts with risk- 
based priorities. 
(2) COORDINATION.—The plan required under 
paragraph (1) shall be developed in coordination 
with all relevant United States Government depart-
ments and agencies and in consultation with the 
Secretary of Homeland Security, the Secretary of 
the Treasury, the Secretary of Defense, the Attorney 
General, the Director of National Intelligence, and 
the Director of the Federal Bureau of Investigation. 
(3) CONTENTS.—The plan required under para-
graph (1) shall— 
(A) include an assessment of all countries 
and whether each country is high-risk, medium- 
risk, or low-risk for travel by terrorists and for-
eign fighters based on the minimum standards 
described in section 4(b), as well as— 
(i) an identification of the number of 
flights that originate from last points of 
departure in each country to the United 
States; 
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(ii) visa waiver program status or visa 
application and denial rates for each coun-
try; 
(iii) recent threats, terrorist and for-
eign fighter travel trends, and the overall 
terror threat environment in each country; 
and 
(iv) other criteria as determined by 
the Secretary of State and the Secretary of 
Homeland Security; 
(B) detail existing United States Govern-
ment programs, projects, and activities which 
are intended to or have the substantial effect of 
building the capacity of such countries to com-
bat travel by terrorists and foreign fighters, in-
cluding estimated spending levels by country 
where practicable; and 
(C) outline a plan for prioritizing United 
States Government resources toward high-risk 
and medium-risk countries, including— 
(i) identifying efforts which should be 
reformed, consolidated, or eliminated; and 
(ii) detailing new programs, projects, 
or activities that are requested, being 
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planned, or are undergoing implementation 
and associated costs. 
SEC. 3. SHARING SYSTEMS AND EQUIPMENT TO OBSTRUCT 
TRAVEL 
BY 
TERRORISTS 
AND 
FOREIGN 
FIGHTERS. 
(a) BORDER SECURITY
AND COUNTERTERRORISM 
SCREENING TOOLS.— 
(1) IN GENERAL.—Subject to subsection (d), 
the Secretary of Homeland Security and the Sec-
retary of State shall accelerate the provision of ap-
propriate versions of the following systems to foreign 
governments: 
(A) U.S. Customs and Border Protection’s 
Automated Targeting System—Global. 
(B) The Department of State’s Personal 
Identification Secure Comparison and Evalua-
tion System. 
(2) PRIORITIZATION.—The Secretary of Home-
land Security and the Secretary of State shall co-
ordinate to prioritize the provision of the systems 
specified in paragraph (1) to countries determined to 
be high-risk and medium-risk in the foreign partner 
engagement plan required under section 2. 
(b) EQUIPMENT TRANSFER.— 
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(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), the Secretary of Homeland Security, in con-
sultation with the Secretary of State, is authorized 
to provide, with or without reimbursement, excess 
nonlethal equipment and supplies owned by the De-
partment of Homeland Security to a foreign govern-
ment. 
(2) DETERMINATION.—The Secretary of Home-
land Security is authorized to provide equipment and 
supplies pursuant to paragraph (1) if the Secretary 
determines that the provision of such equipment and 
supplies would— 
(A) further the homeland security interests 
of the United States; and 
(B) enhance the recipient government’s ca-
pacity to— 
(i) mitigate the risk or threat of ter-
rorism, infectious disease, or natural dis-
aster; 
(ii) protect and expedite lawful trade 
and travel; or 
(iii) 
enforce 
intellectual 
property 
rights. 
(3) LIMITATION ON TRANSFER.—The Secretary 
of Homeland Security may not— 
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(A) provide any equipment or supplies that 
are designated as items on the United States 
Munitions List pursuant to section 38 of the 
Arms Export Control Act (22 U.S.C. 2778); or 
(B) provide any vessel or aircraft pursuant 
to this subsection. 
(4) RELATED TRAINING.—In conjunction with a 
provision of equipment or supplies pursuant to para-
graph (1), the Secretary of Homeland Security may 
provide such equipment-related or supplies-related 
training and assistance as the Secretary determines 
to be necessary. 
(5) MAINTENANCE
OF
TRANSFERRED
EQUIP-
MENT.—The Secretary of Homeland Security may 
provide for the maintenance of transferred equip-
ment or supplies through service contracts or other 
means, with or without reimbursement, as the Sec-
retary determines appropriate. 
(6) REIMBURSEMENT OF EXPENSES.—The Sec-
retary of Homeland Security is authorized to collect 
payment from the recipient government for the pro-
vision of training, shipping costs, supporting mate-
rials, maintenance, supplies, or other assistance in 
support of provided equipment or supplies under this 
subsection. 
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(7) RECEIPTS CREDITED AS OFFSETTING COL-
LECTIONS.—Notwithstanding section 3302 of title 
31, United States Code, any amount collected under 
this subsection— 
(A) shall be credited as offsetting collec-
tions, subject to appropriations, to the account 
that finances the activities and services for 
which the payment is received; and 
(B) shall remain available until expended 
for the purpose of providing for the security in-
terests of the homeland. 
(8) RULE OF CONSTRUCTION.—Nothing in this 
subsection may be construed as affecting, aug-
menting, or diminishing the authority of the Sec-
retary of State. 
(9) DEFINITION.—For the purposes of this sec-
tion, the term ‘‘excess nonlethal equipment and sup-
plies’’ means equipment and supplies the Secretary 
of Homeland Security has determined is either not 
required for United States domestic operations, or 
would be more effective to homeland security if de-
ployed for use outside of the United States. 
(c) NOTIFICATION TO CONGRESS.— 
(1) IN GENERAL.—Not later than 15 days be-
fore providing any systems or equipment or supplies 
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under this section, the Secretary of Homeland Secu-
rity and Secretary of State shall provide notification 
to the appropriate congressional committees of such 
provision. 
(2) CONTENTS.—A notification required under 
paragraph (1) shall include the following: 
(A) The specific vulnerability that will be 
mitigated by the provision of any systems or 
equipment or supplies under this section. 
(B) An explanation as to why the recipient 
is unable or unwilling to independently acquire 
such systems or equipment or supplies. 
(C) An evacuation plan for any sensitive 
technologies in case of emergency or instability 
in the country to which such systems or equip-
ment or supplies is being provided. 
(D) How the United States Government 
will ensure that such systems or equipment or 
supplies are being maintained appropriately and 
used as intended. 
(E) The total dollar value of such systems, 
equipment, and supplies. 
(d) RULE OF CONSTRUCTION.— 
(1) IN
GENERAL.—The authority provided 
under this section shall be exercised in accordance 
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