IIB 

115TH CONGRESS 

2D SESSION H. R. 5207 

IN THE SENATE OF THE UNITED STATES 

JUNE 26, 2018 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

AN ACT 

To amend the Homeland Security Act of 2002 to establish 

the immigration advisory program, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Immigration Advisory 

3 Program Authorization Act of 2018’’ or the ‘‘IAP Author4 ization Act of 2018’’. 

5 SEC. 2. AUTHORIZATION OF THE IMMIGRATION ADVISORY 

6 PROGRAM. 

7 (a) IN GENERAL.—Subtitle B of title IV of the 

8 Homeland Security Act of 2002 (6 U.S.C. 211 et seq.) 

9 is amended by adding at the end the following new section: 

10 ‘‘SEC. 419. IMMIGRATION ADVISORY PROGRAM. 

11 ‘‘(a) IN GENERAL.—There is authorized within 

12 United States Customs and Border Protection an immi13 gration advisory program (in this section referred to as 

14 the ‘program’) for United States Customs and Border 

15 Protection officers, pursuant to an agreement with a host 

16 country, to assist air carriers and security employees at 

17 foreign airports with review of traveler information during 

18 the processing of flights bound for the United States. 

19 ‘‘(b) ACTIVITIES.—In carrying out the program, 

20 United States Customs and Border Protection officers 

21 may— 

22 ‘‘(1) be present during processing of flights 

23 bound for the United States; 

24 ‘‘(2) assist air carriers and security employees 

25 with document examination and traveler security as26 sessments; 


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1 ‘‘(3) provide relevant training to air carriers, 

2 security employees, and host-country authorities; 

3 ‘‘(4) analyze electronic passenger information 

4 and passenger reservation data to identify potential 

5 threats; 

6 ‘‘(5) engage air carriers and travelers to con7 firm potential terrorist watchlist matches; 

8 ‘‘(6) make recommendations to air carriers to 

9 deny potentially inadmissable passengers boarding 

10 flights bound for the United States; and 

11 ‘‘(7) conduct other activities to secure flights 

12 bound for the United States, as directed by the 

13 Commissioner of United States Customs and Border 

14 Protection. 

15 ‘‘(c) NOTIFICATION TO CONGRESS.—Not later than 

16 60 days before an agreement with the government of a 

17 host country pursuant to the program described in this 

18 section enters into force, the Commissioner of United 

19 States Customs and Border Protection shall provide the 

20 Committee on Homeland Security of the House of Rep21 resentatives and the Committee on Homeland Security 

22 and Governmental Affairs of the Senate with— 

23 ‘‘(1) a copy of such agreement, which shall in24 clude— 


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1 ‘‘(A) the identification of the host country 

2 with which United States Customs and Border 

3 Protection intends to enter into such agree4 ment; 

5 ‘‘(B) the location at which activities de6 scribed in subsection (b) will be conducted pur7 suant to such agreement; and 

8 ‘‘(C) the terms and conditions for United 

9 States Customs and Border Protection per10 sonnel operating at such location; 

11 ‘‘(2) country-specific information on the antici12 pated homeland security benefits associated with 

13 such agreement; 

14 ‘‘(3) an assessment of the impacts such agree15 ment will have on United States Customs and Bor16 der Protection domestic port of entry staffing; 

17 ‘‘(4) information on the anticipated costs over 

18 the 5 fiscal years after such agreement enters into 

19 force associated with carrying out such agreement; 

20 ‘‘(5) details on information sharing mechanisms 

21 to ensure that United States Customs and Border 

22 Protection has current information to prevent ter23 rorist and criminal travel; and 

24 ‘‘(6) other factors that the Commissioner deter25 mines necessary for Congress to comprehensively asVerDate Sep 11 2014 00:18 Jun 27, 2018 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5207.RFS H5207

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1 sess the appropriateness of carrying out the pro2 gram. 

3 ‘‘(d) AMENDMENT OF EXISTING AGREEMENTS.—Not 

4 later than 30 days before a substantially amended pro5 gram agreement with the government of a host country 

6 in effect as of the date of the enactment of this section 

7 enters into force, the Commissioner of United States Cus8 toms and Border Protection shall provide to the Com9 mittee on Homeland Security of the House of Representa10 tives and the Committee on Homeland Security and Gov11 ernmental Affairs of the Senate— 

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

13 and 

14 ‘‘(2) the justification for such amendment. 

15 ‘‘(e) DEFINITIONS.—In this section, the terms ‘air 

16 carrier’ and ‘foreign air carrier’ have the meanings given 

17 such terms in section 40102 of title 49, United States 

18 Code.’’. 

19 (b) CONFORMING AMENDMENT.—Subsection (c) of 

20 section 411 of the Homeland Security Act of 2002 (6 

21 U.S.C. 211) is amended— 

22 (1) in paragraph (18), by striking ‘‘and’’ after 

23 the semicolon at the end; 

24 (2) by redesignating paragraph (19) as para25 graph (20); and 


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1 (3) by inserting after paragraph (18) the fol2 lowing new paragraph: 

3 ‘‘(19) carry out section 419, relating to the im4 migration advisory program; and’’. 

5 (c) CLERICAL AMENDMENT.—The table of contents 

6 in section 1(b) of the Homeland Security Act of 2002 is 

7 amended by inserting after the item relating to section 

8 418 the following new item: 

‘‘Sec. 419. Immigration advisory program.’’. 

Passed the House of Representatives June 25, 2018. 

Attest: KAREN L. HAAS, 

Clerk. 


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