S.Amdt. 3488

SA 3488. Ms. CANTWELL (for herself and Ms. Collins) submitted an
amendment intended to be proposed by her to the bill H.R. 636, to amend
the Internal Revenue Code of 1986 to permanently extend increased
expensing limitations, and for other purposes; which was ordered to lie
on the table; as follows:

At the appropriate place, insert the following:

SEC. __. VISA WAIVER PROGRAM REQUIREMENTS.

(a) Information Sharing Process.--The Director of National
Intelligence shall--
(1) develop a process to share information derived from the
Terrorist Identities Datamart Environment (TIDE) database and
the Terrorist Screening Database (TSDB), including biometric
and biographic information, with countries participating in
the visa waiver program established under section 217(a) of
the Immigration and Nationality Act (8 U.S.C. 1187(a)); and
(2) not later than 1 year after the date of the enactment
of this Act, certify to Congress that such process may be
utilized by such countries.
(b) Continuing Qualification and Designation
Terminations.--Paragraph (2) of section 217(c) of the
Immigration and Nationality Act (8 U.S.C. 1187(c)) is amended
by adding at the end the following:
``(H) Border security.--The government of the country
utilizes the process developed by the Director of National
Intelligence under section __(a) of the Federal Aviation
Administration Reauthorization Act of 2016 to utilize
information derived from the Terrorist Identities Datamart
Environment (TIDE) database and the Terrorist Screening
Database (TSDB) for border security and immigration purposes,
including the screening of aliens seeking asylum or refugee
status in that country.''.

SEC. __. DEPARTMENT OF HOMELAND SECURITY FOREIGN EQUIPMENT
TRANSFER AUTHORITY.

Section 879 of the Homeland Security Act of 2002 (6 U.S.C.
459) is amended by adding at the end the following new
subsection:
``(c) Equipment Transfer.--
``(1) In general.--Subject to paragraphs (2) and (3), the
Secretary, in consultation with the Secretary of State, is
authorized to transfer, with or without reimbursement, excess
nonlethal equipment and supplies to a foreign government.
``(2) Determination.--The Secretary is authorized to
transfer equipment and supplies pursuant to paragraph (1) if
the Secretary determines that such transfer would--
``(A) further the homeland security interests of the United
States; or
``(B) enhance the recipient government's capacity to--
``(i) mitigate the risk or threat of terrorism, infectious
disease, or natural disaster;
``(ii) protect and expedite lawful trade and travel; or
``(iii) enforce intellectual property rights.
``(3) Limitation on transfer.--The Secretary may not--
``(A) transfer any equipment or supplies that are
designated as a munitions item or controlled on the United
States Munitions List pursuant to section 38(a)(1) of the
Foreign Military Sales Act (22 U.S.C. 2778(a)(1)); or
``(B) transfer any vessel or aircraft.
``(4) Related training.--In conjunction with a transfer of
equipment pursuant to paragraph (1), the Secretary may
provide such equipment-related training and assistance as the
Secretary determines to be necessary.
``(5) Maintenance of transferred equipment.--The Secretary
may provide for the maintenance of transferred equipment
through service contracts or other means, with or without
reimbursement, as the Secretary considers appropriate.
``(6) Reimbursement of expenses.--The Secretary is
authorized to collect payment from the receiving entity for
the provision of training, shipping costs, supporting
materials, maintenance, supplies, or other assistance in
support of transferred equipment.
``(7) Receipts credited as offsetting collections.--
Notwithstanding section 3302 of title 31, any amount
collected under this section--
``(A) shall be credited as offsetting collections 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 interests of the homeland.
``(8) Construction.--This subsection shall not be construed
to affect, augment, or diminish the authority of the
Secretary of State.
``(9) Excess nonlethal equipment and supplies defined.--In
this section, the term `excess nonlethal equipment and
supplies' means equipment and supplies the Secretary has
determined are either not required for United States domestic
operations, or would be more effective to homeland security
if deployed for use outside of the United States.''.
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