Counterterrorism Screening and Assistance Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 630 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 se- curity standards, authorize the suspension of certain foreign assistance to countries not making significant efforts to comply with such minimum standards, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 16, 2019 Mr. ZELDIN (for himself, Mr. MCCAUL, and Mr. ROSE of New York) intro- duced 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 juris- diction 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 stand- ards, authorize the suspension of certain foreign assist- ance to countries not making significant efforts to com- ply with such minimum standards, and for other pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 02:46 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H630.IH H630 kjohnson on DSK79L0C42 with BILLS 2 •HR 630 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Counterterrorism 2 Screening and Assistance Act of 2019’’. 3 SEC. 2. FOREIGN PARTNER ENGAGEMENT PLAN. 4 (a) FINDINGS.—Consistent with the final report of 5 the Committee on Homeland Security of the House of 6 Representatives bipartisan ‘‘Task Force on Combating 7 Terrorist and Foreign Fighter Travel’’, Congress makes 8 the following findings: 9 (1) It is important for the national security of 10 the United States to assist foreign partners in clos- 11 ing security gaps which may allow terrorists and for- 12 eign fighters to travel internationally, avoiding de- 13 tection. 14 (2) Building foreign partner capacity to combat 15 terrorist travel helps extend the United States secu- 16 rity beyond its border to mitigate threats before they 17 reach the United States. 18 (3) United States Government departments and 19 agencies have spent billions of dollars to help foreign 20 partners improve their security against terrorist 21 travel since the attacks of September 11, 2001, in- 22 cluding through the provision of technical assistance, 23 equipment, training, and other tools. 24 (4) The lack of a United States Government- 25 wide, risk-based approach increases the odds that 26 VerDate Sep 11 2014 02:46 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H630.IH H630 kjohnson on DSK79L0C42 with BILLS 3 •HR 630 IH systematic security gaps abroad may persist and 1 that United States response efforts will not be maxi- 2 mized in order to close these gaps. 3 (5) Failure to effectively coordinate capacity- 4 building activities also results in greater risk of over- 5 lap, waste, and unnecessary duplication between the 6 United States and international programs. 7 (b) SENSE OF CONGRESS.—It is the sense of Con- 8 gress that the United States Government must ensure ca- 9 pacity-building assistance to deter travel by terrorists and 10 foreign fighters is coordinated both among United States 11 Government departments and agencies as well as with for- 12 eign implementing partners. 13 (c) PLAN.— 14 (1) IN GENERAL.—Not later than 180 days 15 after the date of the enactment of this Act and every 16 two years thereafter at the time of the President’s 17 budget submission to Congress under section 1105 18 of title 31, United States Code, until 2025, the Sec- 19 retary of State shall, in accordance with the protec- 20 tion of intelligence sources and methods, develop and 21 submit to the appropriate congressional committees 22 unclassified and classified versions of a foreign part- 23 ner engagement plan which catalogues existing ca- 24 pacity-building initiatives abroad to combat travel by 25 VerDate Sep 11 2014 02:46 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H630.IH H630 kjohnson on DSK79L0C42 with BILLS 4 •HR 630 IH terrorists and foreign fighters and identifies areas 1 for adjustment to align ongoing efforts with risk- 2 based priorities. 3 (2) COORDINATION.—Each plan required under 4 paragraph (1) shall be developed in coordination 5 with all relevant United States Government depart- 6 ments and agencies and in consultation with the 7 Secretary of Homeland Security, the Secretary of 8 the Treasury, the Secretary of Defense, the Attorney 9 General, the Director of National Intelligence, and 10 the Director of the Federal Bureau of Investigation. 11 (3) CONTENTS.—Each plan required under 12 paragraph (1) shall— 13 (A) include an assessment of the countries 14 of greatest concern and risk for travel to the 15 United States by members of foreign terrorist 16 organizations and foreign fighters, which may 17 be based on the minimum standards described 18 in section 4(b), as well as other factors, as ap- 19 propriate, including— 20 (i) an identification of the number of 21 flights that originate from last points of 22 departure in each country to the United 23 States; 24 VerDate Sep 11 2014 02:46 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H630.IH H630 kjohnson on DSK79L0C42 with BILLS 5 •HR 630 IH (ii) visa waiver program status or visa 1 application and denial rates for each coun- 2 try; 3 (iii) recent threats, terrorist and for- 4 eign fighter travel trends, and the overall 5 terror threat environment in each country; 6 and 7 (iv) other criteria as determined by 8 the Secretary of State and the Secretary of 9 Homeland Security; 10 (B) detail existing United States Govern- 11 ment programs, projects, and activities which 12 are intended to or have the substantial effect of 13 building the capacity of such countries to com- 14 bat travel by terrorists and foreign fighters, in- 15 cluding estimated spending levels by country 16 where practicable; and 17 (C) outline a plan for prioritizing United 18 States Government resources toward countries 19 referred to in subparagraph (A), including— 20 (i) identifying efforts which should be 21 reformed, consolidated, or eliminated; and 22 (ii) detailing new programs, projects, 23 or activities that are requested, being 24 VerDate Sep 11 2014 02:46 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H630.IH H630 kjohnson on DSK79L0C42 with BILLS 6 •HR 630 IH planned, or are undergoing implementation 1 and associated costs. 2 SEC. 3. SHARING SYSTEMS AND EQUIPMENT TO OBSTRUCT 3 TRAVEL BY TERRORISTS AND FOREIGN 4 FIGHTERS. 5 (a) BORDER SECURITY AND COUNTERTERRORISM 6 SCREENING TOOLS.— 7 (1) IN GENERAL.—Subject to paragraph (2) 8 and subsection (d), the Secretary of Homeland Secu- 9 rity and the Secretary of State shall, to the extent 10 practicable and consistent with the national security 11 of the United States, accelerate the provision of ap- 12 propriate versions of the following systems to foreign 13 governments: 14 (A) U.S. Customs and Border Protection’s 15 global travel targeting and analysis systems. 16 (B) The Department of State’s watchlist- 17 ing, identification, and screening systems. 18 (2) PRIORITIZATION.—The Secretary of Home- 19 land Security and the Secretary of State shall co- 20 ordinate to prioritize the provision of the systems 21 specified in paragraph (1) to countries determined to 22 be countries referred to in subsection (c)(3)(A) of 23 section 2 in the foreign partner engagement plan re- 24 quired under such section. 25 VerDate Sep 11 2014 02:46 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H630.IH H630 kjohnson on DSK79L0C42 with BILLS 7 •HR 630 IH (b) EQUIPMENT TRANSFER.— 1 (1) IN GENERAL.—Subject to paragraphs (2), 2 (3), and (8), the Secretary of Homeland Security is 3 authorized to provide to a foreign government, with 4 or without reimbursement, excess nonlethal equip- 5 ment and supplies owned by the Department of 6 Homeland Security. 7 (2) DETERMINATION.—The Secretary of Home- 8 land Security is authorized to provide equipment and 9 supplies pursuant to paragraph (1) if the Secretary 10 determines that the provision of such equipment and 11 supplies would— 12 (A) further the homeland security interests 13 of the United States; and 14 (B) enhance the recipient government’s ca- 15 pacity to— 16 (i) mitigate the risk or threat of ter- 17 rorism, infectious disease, or natural dis- 18 aster; 19 (ii) protect and expedite lawful trade 20 and travel; or 21 (iii) protect the legal framework relat- 22 ing to intellectual property rights and en- 23 force such rights. 24 VerDate Sep 11 2014 02:46 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H630.IH H630 kjohnson on DSK79L0C42 with BILLS 8 •HR 630 IH (3) LIMITATION ON TRANSFER.—The Secretary 1 of Homeland Security may not— 2 (A) provide any equipment or supplies that 3 are designated as items on the United States 4 Munitions List pursuant to section 38 of the 5 Arms Export Control Act (22 U.S.C. 2778); or 6 (B) provide any vessel or aircraft pursuant 7 to this subsection. 8 (4) RELATED TRAINING.—In conjunction with a 9 provision of equipment or supplies pursuant to para- 10 graph (1), the Secretary of Homeland Security may 11 provide such equipment-related or supplies-related 12 training and assistance as the Secretary determines 13 to be necessary. 14 (5) MAINTENANCE OF TRANSFERRED EQUIP- 15 MENT.—The Secretary of Homeland Security may 16 provide for the maintenance of transferred equip- 17 ment or supplies through service contracts or other 18 means, with or without reimbursement, as the Sec- 19 retary determines appropriate. 20 (6) REIMBURSEMENT OF EXPENSES.—The Sec- 21 retary of Homeland Security is authorized to collect 22 payment from the recipient government for the pro- 23 vision of training, shipping costs, supporting mate- 24 rials, maintenance, supplies, or other assistance in 25 VerDate Sep 11 2014 02:46 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H630.IH H630 kjohnson on DSK79L0C42 with BILLS 9 •HR 630 IH support of provided equipment or supplies under this 1 subsection. 2 (7) RECEIPTS CREDITED AS OFFSETTING COL- 3 LECTIONS.—Notwithstanding section 3302 of title 4 31, United States Code, any amount collected under 5 this subsection— 6 (A) shall be credited as offsetting collec- 7 tions, subject to appropriations, to the account 8 that finances the activities and services for 9 which the payment is received; and 10 (B) shall remain available until expended 11 for the purpose of providing for the security in- 12 terests of the homeland. 13 (8) CONCURRENCE.—The Secretary of Home- 14 land Security may exercise the authority under this 15 subsection only with the concurrence of the Sec- 16 retary of State. 17 (9) RULE OF CONSTRUCTION.—Nothing in this 18 subsection may be construed as affecting, aug- 19 menting, or diminishing the authority of the Sec- 20 retary of State. 21 (10) DEFINITION.—For the purposes of this 22 section, the term ‘‘excess nonlethal equipment and 23 supplies’’ means equipment and supplies the Sec- 24 retary of Homeland Security has determined is ei- 25 VerDate Sep 11 2014 02:46 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H630.IH H630 kjohnson on DSK79L0C42 with BILLS 10 •HR 630 IH ther not required for United States domestic oper- 1 ations, or would be more effective to homeland secu- 2 rity if deployed for use outside of the United States. 3 (c) NOTIFICATION TO CONGRESS.— 4 (1) IN GENERAL.—Not later than 15 days be- 5 fore providing any systems or equipment or supplies 6 under this section, the Secretary of Homeland Secu- 7 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, risk, or 13 threat that will be mitigated by the provision of 14 any systems or equipment or supplies under 15 this section. 16 (B) An explanation as to why the recipient 17 is unable or unwilling to independently acquire 18 such systems or equipment or supplies. 19 (C) An evacuation plan for any sensitive 20 technologies in case of emergency or instability 21 in the country to which such systems or equip- 22 ment or supplies is being provided. 23 (D) How the United States Government 24 will ensure that such systems or equipment or 25 VerDate Sep 11 2014 02:46 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H630.IH H630 kjohnson on DSK79L0C42 with BILLS 11 •HR 630 IH supplies are being maintained appropriately and 1 used as intended. 2 (E) The total dollar value of such systems, 3 equipment, or supplies. 4 (d) RULE OF CONSTRUCTION.— 5 (1) IN GENERAL.—The authority provided 6 under this section shall be exercised in accordance 7 with applicable provisions of the Arms Export Con- 8 trol Act (22 U.S.C. 2751 et seq.), the Export Ad- 9 ministration Regulations, or any other similar provi- 10 sion of law. 11 (2) DEFINITION.—In this subsection, the term 12 ‘‘Export Administration Regulations’’ means— 13 (A) the Export Administration Regulations 14 as maintained and amended under the authority 15 of the International Emergency Economic Pow- 16 ers Act (50 U.S.C. 1701 et seq.) and codified 17 in subchapter C of chapter VII of title 15, Code 18 of Federal Regulations; or 19 (B) any successor regulations. 20 VerDate Sep 11 2014 02:46 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H630.IH H630 kjohnson on DSK79L0C42 with BILLS 12 •HR 630 IH SEC. 4. ACTIONS WITH RESPECT TO FOREIGN COUNTRIES 1 THAT FAIL TO MEET MINIMUM STANDARDS 2 FOR SERIOUS AND SUSTAINED EFFORTS TO 3 COMBAT TERRORIST AND FOREIGN FIGHTER 4 TRAVEL. 5 (a) REPORTS TO CONGRESS.— 6 (1) IN GENERAL.—Not later than April 30 of 7 each year through 2024, the Secretary of State, in 8 coordination with the Secretary of Homeland Secu- 9 rity, shall submit to the appropriate congressional 10 committees a report with respect to the status of ef- 11 forts of foreign governments to combat terrorist and 12 foreign fighter travel, which shall include an update 13 to the foreign partner engagement plan required 14 under section 2(c). Such reports shall include de- 15 scriptions of relevant United States Government ac- 16 [Text truncated for display. Full text available on Congress.gov.]