79–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 115–774 

IMMIGRATION ADVISORY PROGRAM AUTHORIZATION ACT 

OF 2018 

JUNE 21, 2018.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. MCCAUL, from the Committee on Homeland Security, 

submitted the following 

R E P O R T 

[To accompany H.R. 5207] 

The Committee on Homeland Security, to whom was referred the 

bill (H.R. 5207) to amend the Homeland Security Act of 2002 to establish the immigration advisory program, and for other purposes, 

having considered the same, report favorably thereon with an 

amendment and recommend that the bill as amended do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 3 

Background and Need for Legislation .................................................................... 3 

Hearings ................................................................................................................... 3 

Committee Consideration ........................................................................................ 3 

Committee Votes ...................................................................................................... 3 

Committee Oversight Findings ............................................................................... 3 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 4 

Congressional Budget Office Estimate ................................................................... 4 

Statement of General Performance Goals and Objectives .................................... 4 

Duplicative Federal Programs ................................................................................ 4 

Congressional Earmarks, Limited Tax Benefits, and Limited Tariff Benefits ... 4 

Federal Mandates Statement ................................................................................. 4 

Preemption Clarification ......................................................................................... 4 

Disclosure of Directed Rule Makings ..................................................................... 5 

Advisory Committee Statement .............................................................................. 5 

Applicability to Legislative Branch ........................................................................ 5 

Section-by-Section Analysis of the Legislation ...................................................... 5 

Changes in Existing Law Made by the Bill, as Reported ..................................... 6 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Immigration Advisory Program Authorization Act 

of 2018’’ or the ‘‘IAP Authorization Act of 2018’’. 


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SEC. 2. AUTHORIZATION OF THE IMMIGRATION ADVISORY PROGRAM. 

(a) IN GENERAL.—Subtitle B of title IV of the Homeland Security Act of 2002 (6 

U.S.C. 211 et seq.) is amended by adding at the end the following new section: 

‘‘SEC. 420. IMMIGRATION ADVISORY PROGRAM. 

‘‘(a) IN GENERAL.—There is authorized within U.S. Customs and Border Protection 

an immigration advisory program (in this section referred to as the ‘program’) for 

U.S. Customs and Border Protection officers, pursuant to an agreement with a host 

country, to assist air carriers and security employees at foreign airports with review 

of traveler information during the processing of flights bound for the United States. 

‘‘(b) ACTIVITIES.—In carrying out the program, U.S. Customs and Border Protection officers may— 

‘‘(1) be present during processing of flights bound for the United States; 

‘‘(2) assist air carriers and security employees with document examination 

and traveler security assessments; 

‘‘(3) provide relevant training to air carriers, security employees, and hostcountry authorities; 

‘‘(4) analyze electronic passenger information and passenger reservation data 

to identify potential threats; 

‘‘(5) engage air carriers and travelers to confirm potential terrorist watchlist 

matches; 

‘‘(6) make recommendations to air carriers to deny potentially inadmissable 

passengers boarding flights bound for the United States; and 

‘‘(7) conduct other activities to secure flights bound for the United States, as 

directed by the Commissioner of U.S. Customs and Border Protection. 

‘‘(c) NOTIFICATION TO CONGRESS.—Not later than 60 days before an agreement 

with the government of a host country pursuant to the program described in this 

section enters into force, the Commissioner of U.S. Customs and Border Protection 

shall provide the Committee on Homeland Security of the House of Representatives 

and the Committee on Homeland Security and Governmental Affairs of the Senate 

with— 

‘‘(1) a copy of such agreement, which shall include— 

‘‘(A) the identification of the host country with which U.S. Customs and 

Border Protection intends to enter into such agreement; 

‘‘(B) the location at which activities described in subsection (b) will be 

conducted pursuant to such agreement; and 

‘‘(C) the terms and conditions for U.S. Customs and Border Protection 

personnel operating at such location; 

‘‘(2) country-specific information on the anticipated homeland security benefits 

associated with such agreement; 

‘‘(3) an assessment of the impacts such agreement will have on U.S. Customs 

and Border Protection domestic port of entry staffing; 

‘‘(4) information on the anticipated costs over the five fiscal years after such 

agreement enters into force associated with carrying out such agreement; 

‘‘(5) details on information sharing mechanisms to ensure that U.S. Customs 

and Border Protection has current information to prevent terrorist and criminal 

travel; and 

‘‘(6) other factors that the Commissioner determines necessary for Congress 

to comprehensively assess the appropriateness of carrying out the program. 

‘‘(d) AMENDMENT OF EXISTING AGREEMENTS.—Not later than 30 days before a substantially amended program agreement with the government of a host country in 

effect as of the date of the enactment of this section enters into force, the Commissioner of U.S. Customs and Border Protection shall provide to the Committee on 

Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate— 

‘‘(1) a copy of such agreement, as amended; and 

‘‘(2) the justification for such amendment. 

‘‘(e) DEFINITIONS.—In this section, the terms ‘air carrier’ and ‘foreign air carrier’ 

have the meanings given such terms in section 40102 of title 49, United States 

Code.’’. 

(b) CONFORMING AMENDMENT.—Subsection (c) of section 411 of the Homeland Security Act of 2002 (6 U.S.C. 211) is amended— 

(1) in paragraph (18), by striking ‘‘and’’ after the semicolon at the end; 

(2) by redesignating paragraph (19) as paragraph (20); and 

(3) by inserting after paragraph (18) the following new paragraph: 

‘‘(19) carry out section 419, relating to the immigration advisory program; 

and’’. 


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(c) CLERICAL AMENDMENT.—The table of contents in section 1(b) of the Homeland 

Security Act of 2002 is amended by inserting after the item relating to section 419 

the following new item: 

‘‘Sec. 420. Immigration advisory program.’’. 

PURPOSE AND SUMMARY

H.R. 5207, authorizes the Immigration Advisory Program (IAP) 

within U.S. Customs and Border Protection (CBP). The IAP sends 

CBP Officers to last point of departure airports to assist air carriers and security employees to prevent security risks from boarding aircraft. 

BACKGROUND AND NEED FOR LEGISLATION

The IAP is part of CBP’s multi-layered security strategy to push 

out our borders by partnering with allied foreign governments 

across the world. The IAP program deploys CBP Officers to major 

last point of departure airports with the goal of recommending that 

airlines do not board foreign nationals that will be deemed inadmissible upon arrival to the United States. 

This important national security program is not currently authorized by statute, though it is vital to enhancing security at last 

points of departure to the United States, especially to those with 

significant Terrorist Screening Database (TSDB) hits. 

HEARINGS

No hearings were held on H.R. 5207 in the 115th Congress. 

COMMITTEE CONSIDERATION

The Committee met on June 6, 2018, to consider H.R. 5207, and 

ordered the measure to be reported to the House with a favorable 

recommendation, as amended, by unanimous consent. The Committee took the following actions: 

The following amendment was offered: 

An amendment offered by MR. THOMPSON of Mississippi (#1); was 

AGREED TO by unanimous consent. 

Page 3, beginning line 10, insert the following (and make necessary conforming 

changes): 

A new paragraph entitled ‘‘(c) Notification to Congress.’’ 

A new paragraph entitled ‘‘(d) Amendment of Existing Agreements.’’ 

COMMITTEE VOTES

Clause 3(b) of Rule XIII of the Rules of the House of Representatives requires the Committee to list the recorded votes on the motion to report legislation and amendments thereto. 

No recorded votes were requested during consideration of 

H.R. 5207. 

COMMITTEE OVERSIGHT FINDINGS

Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the House 

of Representatives, the Committee has held oversight hearings and 

made findings that are reflected in this report. 


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NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of Rule XIII of the Rules of the 

House of Representatives, the Committee finds that H.R. 5207, the 

Immigration Advisory Program Authorization Act of 2018, would 

result in no new or increased budget authority, entitlement authority, or tax expenditures or revenues. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE

Pursuant to clause 3(c)(3) of Rule XIII of the Rules of the House 

of Representatives, a cost estimate provided by the Congressional 

Budget Office pursuant to section 402 of the Congressional Budget 

Act of 1974 was not made available to the Committee in time for 

the filing of this report. The Chairman of the Committee shall 

cause such estimate to be printed in the Congressional Record upon 

its receipt by the Committee. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the House 

of Representatives, H.R. 5207 contains the following general performance goals and objectives, including outcome related goals and 

objectives authorized. 

The general performance goal or objective of H.R. 5207 is to codify the Immigration Advisory Program (IAP) within U.S. Customs 

and Border Protection (CBP). 

DUPLICATIVE FEDERAL PROGRAMS

Pursuant to clause 3(c) of Rule XIII, the Committee finds that 

H.R. 4911 does not contain any provision that establishes or reauthorizes a program known to be duplicative of another Federal program. 

CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED

TARIFF BENEFITS

In compliance with Rule XXI of the Rules of the House of Representatives, this bill, as reported, contains no congressional earmarks, limited tax benefits, or limited tariff benefits as defined in 

clause 9(e), 9(f), or 9(g) of the Rule XXI. 

FEDERAL MANDATES STATEMENT

An estimate of Federal mandates prepared by the Director of the 

Congressional Budget Office pursuant to section 423 of the Unfunded Mandates Reform Act was not made available to the Committee in time for the filing of this report. The Chairman of the 

Committee shall cause such estimate to be printed in the Congressional Record upon its receipt by the Committee. 

PREEMPTION CLARIFICATION

In compliance with section 423 of the Congressional Budget Act 

of 1974, requiring the report of any Committee on a bill or joint 

resolution to include a statement on the extent to which the bill or 

joint resolution is intended to preempt State, local, or Tribal law, 


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the Committee finds that H.R. 5207 does not preempt any State, 

local, or Tribal law. 

DISCLOSURE OF DIRECTED RULE MAKINGS

The Committee estimates that H.R. 5207 would require no directed rule makings. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act were created by this legislation. 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short Title. 

This section provides that this bill may be cited as the ‘‘Immigration Advisory Program Authorization Act of 2018’’ or the ‘‘IAP Authorization Act of 2018’’. 

Sec. 2. Authorization of the Immigration Advisory Program. 

This section authorizes the Immigration Advisory Program (IAP) 

within the U.S. Customs and Border Protection (CBP). The IAP 

sends CBP Officers to assist air carriers and security employees at 

foreign airports, pursuant to an agreement with a host country to 

enhance security of the homeland. Under the IAP, these CBP Officers have authority to (1) be present during the processing of 

flights bound for the United States; (2) assist air carriers and security employees with document examination and traveler security 

assessments; (3) provide training to air carrier and host-country 

authority staff; (4) analyze electronic passenger information and 

passenger reservation data to identify potential threats; (5) engage 

air carriers and travelers to confirm potential terrorist watchlist 

matches; (6) make recommendations to air carriers to deny potentially inadmissible passengers boarding flights bound for the 

United States; and (7) conduct other activities to secure flights 

bound for the United States, as directed by the CBP Commissioner. 

IAP operations provide a significant homeland security benefit, 

especially after the terror attacks of September 11, 2001. The Committee continues to support Federal efforts to ‘‘push our borders 

out’’ to detect and deter threats before they reach our shores. 

This section also requires that CBP notify and provide a justification to Congress for each new IAP location before an agreement 

with the host country is formally made or significantly amended. 

The Committee views this as an additional layer of transparency 

and expects the notification to provide detailed analysis as to the 

Department’s decision making process. 


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CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

and existing law in which no change is proposed is shown in 

roman): 

HOMELAND SECURITY ACT OF 2002 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Homeland Security Act of 2002’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as 

follows: 

Sec. 1. Short title; table of contents. 

* * * * * * * 

TITLE IV—BORDER, MARITIME, AND TRANSPORTATION SECURITY 

* * * * * * * 

Subtitle B—U.S. Customs and Border Protection 

* * * * * * * 

Sec. 420. Immigration advisory program. 

* * * * * * * 

TITLE IV—BORDER, MARITIME, AND 

TRANSPORTATION SECURITY 

* * * * * * * 

Subtitle B—U.S. Customs and Border 

Protection 

SEC. 411. ESTABLISHMENT OF U.S. CUSTOMS AND BORDER PROTECTION; COMMISSIONER, DEPUTY COMMISSIONER, AND 

OPERATIONAL OFFICES. 

(a) IN GENERAL.—There is established in the Department an 

agency to be known as U.S. Customs and Border Protection. 

(b) COMMISSIONER OF U.S. CUSTOMS AND BORDER PROTECTION.— 

(1) IN GENERAL.—There shall be at the head of U.S. Customs 

and Border Protection a Commissioner of U.S. Customs and 

Border Protection (in this section referred to as the ‘‘Commissioner’’). 

(2) COMMITTEE REFERRAL.—As an exercise of the rulemaking 

power of the Senate, any nomination for the Commissioner 

submitted to the Senate for confirmation, and referred to a 

committee, shall be referred to the Committee on Finance. 

(c) DUTIES.—The Commissioner shall— 

(1) coordinate and integrate the security, trade facilitation, 

and trade enforcement functions of U.S. Customs and Border 

Protection; 

(2) ensure the interdiction of persons and goods illegally entering or exiting the United States; 


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(3) facilitate and expedite the flow of legitimate travelers and 

trade; 

(4) direct and administer the commercial operations of U.S. 

Customs and Border Protection, and the enforcement of the 

customs and trade laws of the United States; 

(5) detect, respond to, and interdict terrorists, drug smugglers and traffickers, human smugglers and traffickers, and 

other persons who may undermine the security of the United 

States, in cases in which such persons are entering, or have recently entered, the United States; 

(6) safeguard the borders of the United States to protect 

against the entry of dangerous goods; 

(7) ensure the overall economic security of the United States 

is not diminished by efforts, activities, and programs aimed at 

securing the homeland; 

(8) in coordination with U.S. Immigration and Customs Enforcement and United States Citizenship and Immigration 

Services, enforce and administer all immigration laws, as such 

term is defined in paragraph (17) of section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)), including— 

(A) the inspection, processing, and admission of persons 

who seek to enter or depart the United States; and 

(B) the detection, interdiction, removal, departure from 

the United States, short-term detention, and transfer of 

persons unlawfully entering, or who have recently unlawfully entered, the United States; 

(9) develop and implement screening and targeting capabilities, including the screening, reviewing, identifying, and 

prioritizing of passengers and cargo across all international 

modes of transportation, both inbound and outbound; 

(10) in coordination with the Secretary, deploy technology to 

collect the data necessary for the Secretary to administer the 

biometric entry and exit data system pursuant to section 7208 

of the Intelligence Reform and Terrorism Prevention Act of 

2004 (8 U.S.C. 1365b); 

(11) enforce and administer the laws relating to agricultural 

import and entry inspection referred to in section 421; 

(12) in coordination with the Under Secretary for Management of the Department, ensure U.S. Customs and Border Protection complies with Federal law, the Federal Acquisition Regulation, and the Department’s acquisition management directives for major acquisition programs of U.S. Customs and Border Protection; 

(13) ensure that the policies and regulations of U.S. Customs 

and Border Protection are consistent with the obligations of 

the United States pursuant to international agreements; 

(14) enforce and administer— 

(A) the Container Security Initiative program under section 205 of the Security and Accountability for Every Port 

Act of 2006 (6 U.S.C. 945); and 

(B) the Customs–Trade Partnership Against Terrorism 

program under subtitle B of title II of such Act (6 U.S.C. 

961 et seq.); 


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(15) conduct polygraph examinations in accordance with section 3(1) of the Anti-Border Corruption Act of 2010 (Public Law 

111–376; 124 Stat. 4105); 

(16) establish the standard operating procedures described in 

subsection (k); 

(17) carry out the training required under subsection (l); 

(18) carry out section 418, relating to the issuance of AsiaPacific Economic Cooperation Business Travel Cards; øand¿ 

(19) carry out section 420, relating to the immigration advisory program; and 

ø(19)¿ (20) carry out other duties and powers prescribed by 

law or delegated by the Secretary. 

(d) DEPUTY COMMISSIONER.—There shall be in U.S. Customs and 

Border Protection a Deputy Commissioner who shall assist the 

Commissioner in the management of U.S. Customs and Border Protection. 

(e) U.S. BORDER PATROL.— 

(1) IN GENERAL.—There is established in U.S. Customs and 

Border Protection the U.S. Border Patrol. 

(2) CHIEF.—There shall be at the head of the U.S. Border Patrol a Chief, who shall— 

(A) be at the level of Executive Assistant Commissioner 

within U.S. Customs and Border Protection; and 

(B) report to the Commissioner. 

(3) DUTIES.—The U.S. Border Patrol shall— 

(A) serve as the law enforcement office of U.S. Customs 

and Border Protection with primary responsibility for 

interdicting persons attempting to illegally enter or exit 

the United States or goods being illegally imported into or 

exported from the United States at a place other than a 

designated port of entry; 

(B) deter and prevent the illegal entry of terrorists, terrorist weapons, persons, and contraband; and 

(C) carry out other duties and powers prescribed by the 

Commissioner. 

(f) AIR AND MARINE OPERATIONS.— 

(1) IN GENERAL.—There is established in U.S. Customs and 

Border Protection an office known as Air and Marine Operations. 

(2) EXECUTIVE ASSISTANT COMMISSIONER.—There shall be at 

the head of Air and Marine Operations an Executive Assistant 

Commissioner, who shall report to the Commissioner. 

(3) DUTIES.—Air and Marine Operations shall— 

(A) serve as the law enforcement office within U.S. Customs and Border Protection with primary responsibility to 

detect, interdict, and prevent acts of terrorism and the unlawful movement of people, illicit drugs, and other contraband across the borders of the United States in the air and 

maritime environment; 

(B) conduct joint aviation and marine operations with 

U.S. Immigration and Customs Enforcement; 

(C) conduct aviation and marine operations with international, Federal, State, and local law enforcement agencies, as appropriate; 


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(D) administer the Air and Marine Operations Center 

established under paragraph (4); and 

(E) carry out other duties and powers prescribed by the 

Commissioner. 

(4) AIR AND MARINE OPERATIONS CENTER.— (A) IN GENERAL.—There is established in Air and Marine 

Operations an Air and Marine Operations Center. 

(B) EXECUTIVE DIRECTOR.—There shall be at the head of 

the Air and Marine Operations Center an Executive Director, who shall report to the Executive Assistant Commissioner of Air and Marine Operations. 

(C) DUTIES.—The Air and Marine Operations Center 

shall— 

(i) manage the air and maritime domain awareness 

of the Department, as directed by the Secretary; 

(ii) monitor and coordinate the airspace for unmanned aerial systems operations of Air and Marine 

Operations in U.S. Customs and Border Protection; 

(iii) detect, identify, and coordinate a response to 

threats to national security in the air domain, in coordination with other appropriate agencies, as determined by the Executive Assistant Commissioner; 

(iv) provide aviation and marine support to other 

Federal, State, tribal, and local agencies; and 

(v) carry out other duties and powers prescribed by 

the Executive Assistant Commissioner. 

(g) OFFICE OF FIELD OPERATIONS.— (1) IN GENERAL.—There is established in U.S. Customs and 

Border Protection an Office of Field Operations. 

(2) EXECUTIVE ASSISTANT COMMISSIONER.—There shall be at 

the head of the Office of Field Operations an Executive Assistant Commissioner, who shall report to the Commissioner. 

(3) DUTIES.—The Office of Field Operations shall coordinate 

the enforcement activities of U.S. Customs and Border Protection at United States air, land, and sea ports of entry to— 

(A) deter and prevent terrorists and terrorist weapons 

from entering the United States at such ports of entry; 

(B) conduct inspections at such ports of entry to safeguard the United States from terrorism and illegal entry 

of persons; 

(C) prevent illicit drugs, agricultural pests, and contraband from entering the United States; 

(D) in coordination with the Commissioner, facilitate and 

expedite the flow of legitimate travelers and trade; 

(E) administer the National Targeting Center established under paragraph (4); 

(F) coordinate with the Executive Assistant Commissioner for the Office of Trade with respect to the trade facilitation and trade enforcement activities of U.S. Customs 

and Border Protection; and 

(G) carry out other duties and powers prescribed by the 

Commissioner. 

(4) NATIONAL TARGETING CENTER.— 

(A) IN GENERAL.—There is established in the Office of 

Field Operations a National Targeting Center. 


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(B) EXECUTIVE DIRECTOR.—There shall be at the head of 

the National Targeting Center an Executive Director, who 

shall report to the Executive Assistant Commissioner of 

the Office of Field Operations. 

(C) DUTIES.—The National Targeting Center shall— 

(i) serve as the primary forum for targeting operations within U.S. Customs and Border Protection to 

collect and analyze traveler and cargo information in 

advance of arrival in the United States to identify and 

address security risks and strengthen trade enforcement; 

(ii) identify, review, and target travelers and cargo 

for examination; 

(iii) coordinate the examination of entry and exit of 

travelers and cargo; 

(iv) develop and conduct commercial risk assessment 

targeting with respect to cargo destined for the United 

States; 

(v) coordinate with the Transportation Security Administration, as appropriate; 

(vi) issue Trade Alerts pursuant to section 111(b) of 

the Trade Facilitation and Trade Enforcement Act of 

2015; and 

(vii) carry out other duties and powers prescribed by 

the Executive Assistant Commissioner. 

(5) ANNUAL REPORT ON STAFFING.— (A) IN GENERAL.—Not later than 30 days after the date 

of the enactment of the Trade Facilitation and Trade Enforcement Act of 2015, and annually thereafter, the Executive Assistant Commissioner shall submit to the Committee on Homeland Security and the Committee on Ways 

and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs 

and the Committee on Finance of the Senate a report on 

the staffing model for the Office of Field Operations, including information on how many supervisors, front-line 

U.S. Customs and Border Protection officers, and support 

personnel are assigned to each Field Office and port of 

entry. 

(B) FORM.—The report required under subparagraph (A) 

shall, to the greatest extent practicable, be submitted in 

unclassified form, but may be submitted in classified form, 

if the Executive Assistant Commissioner determines that 

such is appropriate and informs the Committee on Homeland Security and the Committee on Ways and Means of 

the House of Representatives and the Committee on 

Homeland Security and Governmental Affairs and the 

Committee on Finance of the Senate of the reasoning for 

such. 

(h) OFFICE OF INTELLIGENCE.— (1) IN GENERAL.—There is established in U.S. Customs and 

Border Protection an Office of Intelligence. 

(2) ASSISTANT COMMISSIONER.—There shall be at the head of 

the Office of Intelligence an Assistant Commissioner, who shall 

report to the Commissioner. 


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(3) DUTIES.—The Office of Intelligence shall— 

(A) develop, provide, coordinate, and implement intelligence capabilities into a cohesive intelligence enterprise 

to support the execution of the duties and responsibilities 

of U.S. Customs and Border Protection; 

(B) manage the counterintelligence operations of U.S. 

Customs and Border Protection; 

(C) establish, in coordination with the Chief Intelligence 

Officer of the Department, as appropriate, intelligencesharing relationships with Federal, State, local, and tribal 

agencies and intelligence agencies; 

(D) conduct risk-based covert testing of U.S. Customs 

and Border Protection operations, including for nuclear 

and radiological risks; and 

(E) carry out other duties and powers prescribed by the 

Commissioner. 

(i) OFFICE OF INTERNATIONAL AFFAIRS.— 

(1) IN GENERAL.—There is established in U.S. Customs and 

Border Protection an Office of International Affairs. 

(2) ASSISTANT COMMISSIONER.—There shall be at the head of 

the Office of International Affairs an Assistant Commissioner, 

who shall report to the Commissioner. 

(3) DUTIES.—The Office of International Affairs, in collaboration with the Office of Policy of the Department, shall— 

(A) coordinate and support U.S. Customs and Border 

Protection’s foreign initiatives, policies, programs, and activities; 

(B) coordinate and support U.S. Customs and Border 

Protection’s personnel stationed abroad; 

(C) maintain partnerships and information-sharing 

agreements and arrangements with foreign governments, 

international organizations, and United States agencies in 

support of U.S. Customs and Border Protection’s duties 

and responsibilities; 

(D) provide necessary capacity building, training, and assistance to foreign customs and border control agencies to 

strengthen border, global supply chain, and travel security, 

as appropriate; 

(E) coordinate mission support services to sustain U.S. 

Customs and Border Protection’s global activities; 

(F) coordinate with customs authorities of foreign countries with respect to trade facilitation and trade enforcement; 

(G) coordinate U.S. Customs and Border Protection’s engagement in international negotiations; 

(H) advise the Commissioner with respect to matters 

arising in the World Customs Organization and other 

international organizations as such matters relate to the 

policies and procedures of U.S. Customs and Border Protection; 

(I) advise the Commissioner regarding international 

agreements to which the United States is a party as such 

agreements relate to the policies and regulations of U.S. 

Customs and Border Protection; and 


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(J) carry out other duties and powers prescribed by the 

Commissioner. 

(j) OFFICE OF PROFESSIONAL RESPONSIBILITY.— (1) IN GENERAL.—There is established in U.S. Customs and 

Border Protection an Office of Professional Responsibility. 

(2) ASSISTANT COMMISSIONER.—There shall be at the head of 

the Office of Professional Responsibility an Assistant Commissioner, who shall report to the Commissioner. 

(3) DUTIES.—The Office of Professional Responsibility shall— 

(A) investigate criminal and administrative matters and 

misconduct by officers, agents, and other employees of U.S. 

Customs and Border Protection; 

(B) manage integrity-related programs and policies of 

U.S. Customs and Border Protection; 

(C) conduct research and analysis regarding misconduct 

of officers, agents, and other employees of U.S. Customs 

and Border Protection; and 

(D) carry out other duties and powers prescribed by the 

Commissioner. 

(k) STANDARD OPERATING PROCEDURES.— (1) IN GENERAL.—The Commissioner shall establish— 

(A) standard operating procedures for searching, reviewing, retaining, and sharing information contained in communication, electronic, or digital devices encountered by 

U.S. Customs and Border Protection personnel at United 

States ports of entry; 

(B) standard use of force procedures that officers and 

agents of U.S. Customs and Border Protection may employ 

in the execution of their duties, including the use of deadly 

force; 

(C) uniform, standardized, and publicly-available procedures for processing and investigating complaints against 

officers, agents, and employees of U.S. Customs and Border Protection for violations of professional conduct, including the timely disposition of complaints and a written 

notification to the complainant of the status or outcome, as 

appropriate, of the related investigation, in accordance 

with section 552a of title 5, United States Code (commonly 

referred to as the ‘‘Privacy Act’’ or the ‘‘Privacy Act of 

1974’’); 

(D) an internal, uniform reporting mechanism regarding 

incidents involving the use of deadly force by an officer or 

agent of U.S. Customs and Border Protection, including an 

evaluation of the degree to which the procedures required 

under subparagraph (B) were followed; and 

(E) standard operating procedures, acting through the 

Executive Assistant Commissioner for Air and Marine Operations and in coordination with the Office for Civil 

Rights and Civil Liberties and the Office of Privacy of the 

Department, to provide command, control, communication, 

surveillance, and reconnaissance assistance through the 

use of unmanned aerial systems, including the establishment of— 

(i) a process for other Federal, State, and local law 

enforcement agencies to submit mission requests; 


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(ii) a formal procedure to determine whether to approve or deny such a mission request; 

(iii) a formal procedure to determine how such mission requests are prioritized and coordinated; and 

(iv) a process regarding the protection and privacy of 

data and images collected by U.S. Customs and Border 

Protection through the use of unmanned aerial systems. 

(2) REQUIREMENTS REGARDING CERTAIN NOTIFICATIONS.—The 

standard operating procedures established pursuant to subparagraph (A) of paragraph (1) shall require— 

(A) in the case of a search of information conducted on 

an electronic device by U.S. Customs and Border Protection personnel, the Commissioner to notify the individual 

subject to such search of the purpose and authority for 

such search, and how such individual may obtain information on reporting concerns about such search; and 

(B) in the case of information collected by U.S. Customs 

and Border Protection through a search of an electronic device, if such information is transmitted to another Federal 

agency for subject matter assistance, translation, or 

decryption, the Commissioner to notify the individual subject to such search of such transmission. 

(3) EXCEPTIONS.—The Commissioner may withhold the notifications required under paragraphs (1)(C) and (2) if the Commissioner determines, in the sole and unreviewable discretion 

of the Commissioner, that such notifications would impair national security, law enforcement, or other operational interests. 

(4) UPDATE AND REVIEW.—The Commissioner shall review 

and update every three years the standard operating procedures required under this subsection. 

(5) AUDITS.—The Inspector General of the Department of 

Homeland Security shall develop and annually administer, 

during each of the three calendar years beginning in the calendar year that begins after the date of the enactment of the 

Trade Facilitation and Trade Enforcement Act of 2015, an auditing mechanism to review whether searches of electronic devices at or between United States ports of entry are being conducted in conformity with the standard operating procedures 

required under subparagraph (A) of paragraph (1). Such audits 

shall be submitted to the Committee on Homeland Security of 

the House of Representatives and the Committee on Homeland 

Security and Governmental Affairs of the Senate and shall include the following: 

(A) A description of the activities of officers and agents 

of U.S. Customs and Border Protection with respect to 

such searches. 

(B) The number of such searches. 

(C) The number of instances in which information contained in such devices that were subjected to such searches 

was retained, copied, shared, or entered in an electronic 

database. 

(D) The number of such devices detained as the result 

of such searches. 


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(E) The number of instances in which information collected from such devices was subjected to such searches 

and was transmitted to another Federal agency, including 

whether such transmissions resulted in a prosecution or 

conviction. 

(6) REQUIREMENTS REGARDING OTHER NOTIFICATIONS.—The 

standard use of force procedures established pursuant to subparagraph (B) of paragraph (1) shall require— 

(A) in the case of an incident of the use of deadly force 

by U.S. Customs and Border Protection personnel, the 

Commissioner to notify the Committee on Homeland Security of the House of Representatives and the Committee on 

Homeland Security and Governmental Affairs of the Senate; and 

(B) the Commissioner to provide to such committees a 

copy of the evaluation pursuant to subparagraph (D) of 

such paragraph not later than 30 days after completion of 

such evaluation. 

(7) REPORT ON UNMANNED AERIAL SYSTEMS.—The Commissioner shall submit to the Committee on Homeland Security of 

the House of Representatives and the Committee on Homeland 

Security and Governmental Affairs of the Senate an annual report, for each of the three calendar years beginning in the calendar year that begins after the date of the enactment of the 

Trade Facilitation and Trade Enforcement Act of 2015, that reviews whether the use of unmanned aerial systems is being 

conducted in conformity with the standard operating procedures required under subparagraph (E) of paragraph (1). Such 

reports— 

(A) shall be submitted with the annual budget of the 

United States Government submitted by the President 

under section 1105 of title 31, United States Code; 

(B) may be submitted in classified form if the Commissioner determines that such is appropriate; and 

(C) shall include— 

(i) a detailed description of how, where, and for how 

long data and images collected through the use of unmanned aerial systems by U.S. Customs and Border 

Protection are collected and stored; and 

(ii) a list of Federal, State, and local law enforcement agencies that submitted mission requests in the 

previous year and the disposition of such requests. 

(l) TRAINING.—The Commissioner shall require all officers and 

agents of U.S. Customs and Border Protection to participate in a 

specified amount of continuing education (to be determined by the 

Commissioner) to maintain an understanding of Federal legal rulings, court decisions, and departmental policies, procedures, and 

guidelines. 

(m) SHORT-TERM DETENTION STANDARDS.— (1) ACCESS TO FOOD AND WATER.—The Commissioner shall 

make every effort to ensure that adequate access to food and 

water is provided to an individual apprehended and detained 

at a United States port of entry or between ports of entry as 

soon as practicable following the time of such apprehension or 

during subsequent short-term detention. 


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(2) ACCESS TO INFORMATION ON DETAINEE RIGHTS AT BORDER

PATROL PROCESSING CENTERS.— (A) IN GENERAL.—The Commissioner shall ensure that 

an individual apprehended by a U.S. Border Patrol agent 

or an Office of Field Operations officer is provided with information concerning such individual’s rights, including 

the right to contact a representative of such individual’s 

government for purposes of United States treaty obligations. 

(B) FORM.—The information referred to in subparagraph 

(A) may be provided either verbally or in writing, and shall 

be posted in the detention holding cell in which such individual is being held. The information shall be provided in 

a language understandable to such individual. 

(3) SHORT-TERM DETENTION DEFINED.—In this subsection, the 

term ‘‘short-term detention’’ means detention in a U.S. Customs and Border Protection processing center for 72 hours or 

less, before repatriation to a country of nationality or last habitual residence. 

(4) DAYTIME REPATRIATION.—When practicable, repatriations 

shall be limited to daylight hours and avoid locations that are 

determined to have high indices of crime and violence. 

(5) REPORT ON PROCUREMENT PROCESS AND STANDARDS.—Not 

later than 180 days after the date of the enactment of the 

Trade Facilitation and Trade Enforcement Act of 2015, the 

Comptroller General of the United States shall submit to the 

Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the procurement process and standards of entities with which U.S. Customs and 

Border Protection has contracts for the transportation and detention of individuals apprehended by agents or officers of U.S. 

Customs and Border Protection. Such report should also consider the operational efficiency of contracting the transportation and detention of such individuals. 

(6) REPORT ON INSPECTIONS OF SHORT-TERM CUSTODY FACILI- TIES.—The Commissioner shall— 

(A) annually inspect all facilities utilized for short-term 

detention; and 

(B) make publicly available information collected pursuant to such inspections, including information regarding 

the requirements under paragraphs (1) and (2) and, where 

appropriate, issue recommendations to improve the conditions of such facilities. 

(n) WAIT TIMES TRANSPARENCY.— 

(1) IN GENERAL.—The Commissioner shall— 

(A) publish live wait times for travelers entering the 

United States at the 20 United States airports that support the highest volume of international travel (as determined by available Federal flight data); 

(B) make information about such wait times available to 

the public in real time through the U.S. Customs and Border Protection website; 

(C) submit to the Committee on Homeland Security and 

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resentatives and the Committee on Homeland Security 

and Governmental Affairs and the Committee on Finance 

of the Senate, for each of the five calendar years beginning 

in the calendar year that begins after the date of the enactment of the Trade Facilitation and Trade Enforcement 

Act of 2015, a report that includes compilations of all such 

wait times and a ranking of such United States airports by 

wait times; and 

(D) provide adequate staffing at the U.S. Customs and 

Border Protection information center to ensure timely access for travelers attempting to submit comments or speak 

with a representative about their entry experiences. 

(2) CALCULATION.—The wait times referred to in paragraph 

(1)(A) shall be determined by calculating the time elapsed between an individual’s entry into the U.S. Customs and Border 

Protection inspection area and such individual’s clearance by a 

U.S. Customs and Border Protection officer. 

(o) OTHER AUTHORITIES.— (1) IN GENERAL.—The Secretary may establish such other offices or positions of Assistant Commissioners (or other similar 

officers or officials) as the Secretary determines necessary to 

carry out the missions, duties, functions, and authorities of 

U.S. Customs and Border Protection. 

(2) NOTIFICATION.—If the Secretary exercises the authority 

provided under paragraph (1), the Secretary shall notify the 

Committee on Homeland Security and the Committee on Ways 

and Means of the House of Representatives and the Committee 

on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate not later than 30 days before 

exercising such authority. 

(p) REPORTS TO CONGRESS.—The Commissioner shall, on and 

after the date of the enactment of the Trade Facilitation and Trade 

Enforcement Act of 2015, continue to submit to the Committee on 

Homeland Security and the Committee on Ways and Means of the 

House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of 

the Senate any report required, on the day before such date of enactment, to be submitted under any provision of law. 

(q) OTHER FEDERAL AGENCIES.—Nothing in this section may be 

construed as affecting in any manner the authority, existing on the 

day before the date of the enactment of the Trade Facilitation and 

Trade Enforcement Act of 2015, of any other Federal agency or 

component of the Department. 

(r) DEFINITIONS.—In this section, the terms ‘‘commercial operations’’, ‘‘customs and trade laws of the United States’’, ‘‘trade enforcement’’, and ‘‘trade facilitation’’ have the meanings given such 

terms in section 2 of the Trade Facilitation and Trade Enforcement 

Act of 2015. 

* * * * * * * 

SEC. 420. IMMIGRATION ADVISORY PROGRAM. 

(a) IN GENERAL.—There is authorized within U.S. Customs and 

Border Protection an immigration advisory program (in this section 

referred to as the ‘‘program’’) for U.S. Customs and Border Protection officers, pursuant to an agreement with a host country, to assist 


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air carriers and security employees at foreign airports with review 

of traveler information during the processing of flights bound for 

the United States. 

(b) ACTIVITIES.—In carrying out the program, U.S. Customs and 

Border Protection officers may— 

(1) be present during processing of flights bound for the 

United States; 

(2) assist air carriers and security employees with document 

examination and traveler security assessments; 

(3) provide relevant training to air carriers, security employees, and host-country authorities; 

(4) analyze electronic passenger information and passenger 

reservation data to identify potential threats; 

(5) engage air carriers and travelers to confirm potential terrorist watchlist matches; 

(6) make recommendations to air carriers to deny potentially 

inadmissable passengers boarding flights bound for the United 

States; and 

(7) conduct other activities to secure flights bound for the 

United States, as directed by the Commissioner of U.S. Customs 

and Border Protection. 

(c) NOTIFICATION TO CONGRESS.—Not later than 60 days before 

an agreement with the government of a host country pursuant to the 

program described in this section enters into force, the Commissioner of U.S. Customs and Border Protection shall provide the 

Committee on Homeland Security of the House of Representatives 

and the Committee on Homeland Security and Governmental Affairs of the Senate with— 

(1) a copy of such agreement, which shall include— 

(A) the identification of the host country with which U.S. 

Customs and Border Protection intends to enter into such 

agreement; 

(B) the location at which activities described in subsection (b) will be conducted pursuant to such agreement; 

and 

(C) the terms and conditions for U.S. Customs and Border Protection personnel operating at such location; 

(2) country-specific information on the anticipated homeland 

security benefits associated with such agreement; 

(3) an assessment of the impacts such agreement will have on 

U.S. Customs and Border Protection domestic port of entry 

staffing; 

(4) information on the anticipated costs over the five fiscal 

years after such agreement enters into force associated with carrying out such agreement; 

(5) details on information sharing mechanisms to ensure that 

U.S. Customs and Border Protection has current information to 

prevent terrorist and criminal travel; and 

(6) other factors that the Commissioner determines necessary 

for Congress to comprehensively assess the appropriateness of 

carrying out the program. 

(d) AMENDMENT OF EXISTING AGREEMENTS.—Not later than 30 

days before a substantially amended program agreement with the 

government of a host country in effect as of the date of the enactment of this section enters into force, the Commissioner of U.S. CusVerDate Sep 11 2014 02:07 Jun 24, 2018 Jkt 079006 PO 00000 Frm 00017 Fmt 6659 Sfmt 6603 E:\HR\OC\HR774.XXX HR774

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toms and Border Protection shall provide to the Committee on 

Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate— 

(1) a copy of such agreement, as amended; and 

(2) the justification for such amendment. 

(e) DEFINITIONS.—In this section, the terms ‘‘air carrier’’ and ‘‘foreign air carrier’’ have the meanings given such terms in section 

40102 of title 49, United States Code. 

* * * * * * * 

Æ 


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