IB 

Union Calendar No. 600 

115TH CONGRESS 

2D SESSION H. R. 5207 

[Report No. 115–774] 

To amend the Homeland Security Act of 2002 to establish the immigration 

advisory program, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 7, 2018 

Ms. MCSALLY (for herself, Mr. GALLAGHER, Mr. HIGGINS of Louisiana, and 

Mr. MCCAUL) introduced the following bill; which was referred to the 

Committee on Homeland Security 

JUNE 21, 2018 

Additional sponsor: Mr. KATKO

JUNE 21, 2018 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 7, 2018] 


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A BILL 

To amend the Homeland Security Act of 2002 to establish 

the immigration advisory program, and for other purposes. 


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

3 SECTION 1. SHORT TITLE. 

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

5 Program Authorization Act of 2018’’ or the ‘‘IAP Author6 ization Act of 2018’’. 

7 SEC. 2. AUTHORIZATION OF THE IMMIGRATION ADVISORY 

8 PROGRAM. 

9 (a) IN GENERAL.—Subtitle B of title IV of the Home10 land Security Act of 2002 (6 U.S.C. 211 et seq.) is amended 

11 by adding at the end the following new section: 

12 ‘‘SEC. 420. IMMIGRATION ADVISORY PROGRAM. 

13 ‘‘(a) IN GENERAL.—There is authorized within U.S. 

14 Customs and Border Protection an immigration advisory 

15 program (in this section referred to as the ‘program’) for 

16 U.S. Customs and Border Protection officers, pursuant to 

17 an agreement with a host country, to assist air carriers and 

18 security employees at foreign airports with review of trav19 eler information during the processing of flights bound for 

20 the United States. 

21 ‘‘(b) ACTIVITIES.—In carrying out the program, U.S. 

22 Customs and Border Protection officers may— 

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

24 bound for the United States; 


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

2 with document examination and traveler security as3 sessments; 

4 ‘‘(3) provide relevant training to air carriers, se5 curity employees, and host-country authorities; 

6 ‘‘(4) analyze electronic passenger information 

7 and passenger reservation data to identify potential 

8 threats; 

9 ‘‘(5) engage air carriers and travelers to confirm 

10 potential terrorist watchlist matches; 

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

12 deny potentially inadmissable passengers boarding 

13 flights bound for the United States; and 

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

15 bound for the United States, as directed by the Com16 missioner of U.S. Customs and Border Protection. 

17 ‘‘(c) NOTIFICATION TO CONGRESS.—Not later than 60 

18 days before an agreement with the government of a host 

19 country pursuant to the program described in this section 

20 enters into force, the Commissioner of U.S. Customs and 

21 Border Protection shall provide the Committee on Home22 land Security of the House of Representatives and the Com23 mittee on Homeland Security and Governmental Affairs of 

24 the Senate with— 


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1 ‘‘(1) a copy of such agreement, which shall in2 clude— 

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

4 with which U.S. Customs and Border Protection 

5 intends to enter into such agreement; 

6 ‘‘(B) the location at which activities de7 scribed in subsection (b) will be conducted pursu8 ant to such agreement; and 

9 ‘‘(C) the terms and conditions for U.S. Cus10 toms and Border Protection personnel operating 

11 at such location; 

12 ‘‘(2) country-specific information on the antici13 pated homeland security benefits associated with such 

14 agreement; 

15 ‘‘(3) an assessment of the impacts such agree16 ment will have on U.S. Customs and Border Protec17 tion domestic port of entry staffing; 

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

19 the five fiscal years after such agreement enters into 

20 force associated with carrying out such agreement; 

21 ‘‘(5) details on information sharing mechanisms 

22 to ensure that U.S. Customs and Border Protection 

23 has current information to prevent terrorist and 

24 criminal travel; and 


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1 ‘‘(6) other factors that the Commissioner deter2 mines necessary for Congress to comprehensively as3 sess the appropriateness of carrying out the program. 

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

5 later than 30 days before a substantially amended program 

6 agreement with the government of a host country in effect 

7 as of the date of the enactment of this section enters into 

8 force, the Commissioner of U.S. Customs and Border Pro9 tection shall provide to the Committee on Homeland Secu10 rity of the House of Representatives and the Committee on 

11 Homeland Security and Governmental Affairs of the Sen12 ate— 

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

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

15 ‘‘(e) DEFINITIONS.—In this section, the terms ‘air car16 rier’ and ‘foreign air carrier’ have the meanings given such 

17 terms in section 40102 of title 49, United States Code.’’. 

18 (b) CONFORMING AMENDMENT.—Subsection (c) of sec19 tion 411 of the Homeland Security Act of 2002 (6 U.S.C. 

20 211) is amended— 

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

22 the semicolon at the end; 

23 (2) by redesignating paragraph (19) as para24 graph (20); and 


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

3 ‘‘(19) carry out section 420, relating to the im4 migration advisory program; and’’. 

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

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

7 amended by inserting after the item relating to section 419 

8 the following new item: 

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


sradovich on DSK3GMQ082PROD with BILLS
Union Calendar No. 600 

115TH CONGRESS 

2D SESSION H. R. 5207 

[Report No. 115–774] 

A BILL 

To amend the Homeland Security Act of 2002 to 

for other purposes. establish the immigration advisory program, and 

JUNE 21, 2018 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


sradovich on DSK3GMQ082PROD with BILLS