I 114th CONGRESS 2d Session H. R. 4403 IN THE HOUSE OF REPRESENTATIVES February 1, 2016 Mr. Hurd of Texas (for himself, Mr. McCaul , Mr. Katko , Mr. Loudermilk , Ms. McSally , Mr. Ratcliffe , Ms. Loretta Sanchez of California , Mr. Vela , and Mr. Payne ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committee on Homeland Security , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize the development of open-source software based on certain systems of the Department of Homeland Security and the Department of State to facilitate the vetting of travelers against terrorist watchlists and law enforcement databases, enhance border management, and improve targeting and analysis, and for other purposes.

1. Short title This Act may be cited as the Enhancing Overseas Traveler Vetting Act . 2. Open-source screening software (a) In general Subject to subsection (c), the Secretary of Homeland Security and the Secretary of State— (1) are authorized to develop open-source software based on U.S. Customs and Border Protection’s global travel targeting and analysis systems and the Department of State’s watchlisting, identification, and screening systems in order to facilitate the vetting of travelers against terrorist watchlists and law enforcement databases, enhance border management, and improve targeting and analysis; and (2) may make such software and any related technical assistance or training available to foreign governments or multilateral organizations for such purposes. (b) Report to Congress Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security and Secretary of State shall submit to the appropriate congressional committees a plan to implement subsection (a). (c) Provision of software and congressional notification Not later than 15 days before the open-source software described in subsection (a) is made available to foreign governments or multilateral organizations pursuant to such subsection, the Secretary of Homeland Security and Secretary of State, with the concurrence of the Director of National Intelligence, shall— (1) certify to the appropriate congressional committees that such availability is in the national security interests of the United States; and (2) provide to such committees information on how such software or any related technical assistance or training will be made available. (d) Rule of construction The authority provided under this section shall be exercised in accordance with applicable provisions of the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ), the Export Administration Regulations, or any other similar provision of law. (e) Prohibition on additional funding No additional funds are authorized to be appropriated to carry out this section. This section shall be carried out using amounts otherwise appropriated or made available to the Department of Homeland Security. (f) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) in the House of Representatives— (i) the Committee on Homeland Security; and (ii) the Committee on Foreign Affairs; and (B) in the Senate— (i) the Committee on Homeland Security and Governmental Affairs; and (ii) the Committee on Foreign Relations. (2) Export Administration Regulations The term Export Administration Regulations means— (A) the Export Administration Regulations as maintained and amended under the authority of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) and codified in subchapter C of chapter VII of title 15, Code of Federal Regulations; or (B) any successor regulations.