[Congressional Record Volume 164, Number 106 (Monday, June 25, 2018)]
[House]
[Pages H5633-H5634]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         IMMIGRATION ADVISORY PROGRAM AUTHORIZATION ACT OF 2018

  Ms. McSALLY. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5207) to amend the Homeland Security Act of 2002 to 
establish the immigration advisory program, and for other purposes, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5207

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

     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''.

     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. 419. 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 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

[[Page H5634]]

     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''.
       (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 418 the 
     following new item:

``Sec. 419. Immigration advisory program.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Arizona (Ms. McSally) and the gentleman from Rhode Island (Mr. 
Langevin) each will control 20 minutes.
  The Chair recognizes the gentlewoman from Arizona.


                             General Leave

  Ms. McSALLY. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and include 
any extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Arizona?
  There was no objection.
  Ms. McSALLY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, a major part of keeping the homeland safe is making sure 
we prevent bad actors from ever reaching our shores. In order to do 
this, we must continue to push out our borders with programs that 
utilize a combination of vetting and interviews conducted by 
experienced law enforcement agents.
  The Customs and Border Protection Immigration Advisory Program, or 
IAP, accomplishes just that. The IAP program deploys specially trained 
CBP officers to major last-point-of-departure airports that offer 
direct flights to the United States. It is the responsibility of these 
officers to recommend that airlines do not allow foreign nationals who 
would be deemed inadmissible upon arrival or present a significant 
security threat to board an airplane bound for the United States.
  This program enhances our national security by preventing high-risk 
individuals from boarding an airplane bound for our homeland. In fiscal 
year 2017, there were a total of 4,328 no-board recommendations made 
across 12 different IAP airport locations. IAP is especially important 
in countries with significant terrorist screening database hits.
  The IAP program is not currently authorized by statute, but H.R. 
5207, the Immigration Advisory Program Authorization Act of 2018, will 
finally codify this important safety and security program into law. I 
ask my colleagues on both sides of the aisle to please join me in 
supporting this commonsense legislation, and I reserve the balance of 
my time.
  Mr. LANGEVIN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 5207, the Immigration Advisory 
Program Authorization Act of 2018.
  H.R. 5207 authorizes an important function within U.S. Customs and 
Border Protection, the Immigration Advisory Program, or IAP. Under this 
program, CBP deploys officers to overseas airports to advise law 
enforcement partners about certain passengers before they board U.S.-
bound flights. This important program seeks to essentially push out our 
borders to prevent travelers who may pose a threat to the U.S. from 
ever boarding an inbound flight.
  Importantly, beyond simply authorizing the program, the bill requires 
CBP to notify Congress whenever a new agreement is put in place with a 
foreign partner. It also requires CBP to assess how the overseas 
deployment of officers may affect officer coverage at U.S. ports of 
entry.
  While I certainly appreciate the sacrifice made by officers serving 
abroad, I would note that this authorization is coming at a time when 
CBP has acknowledged that it is currently 4,000 officers short of what 
it needs to carry out current operations, both domestically and abroad.
  Mr. Speaker, there is continued bipartisan support for CBP to push 
out our borders to prevent individuals who pose a threat to the U.S. 
from making their way here to our country. H.R. 5207 authorizes an 
existing DHS program that has proven helpful to our foreign partners in 
carrying out our shared interest of preventing terrorism, and it 
reduces the burden of deporting individuals who would be denied entry 
into the U.S. upon landing here.
  Mr. Speaker, I commend the gentlewoman for sponsoring the bill. I 
support it, and I yield back the balance of my time.
  Ms. McSALLY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I thank the gentleman from Rhode Island for his support 
on this bipartisan legislation. I urge my colleagues to support this 
bill, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Arizona (Ms. McSally) that the House suspend the rules 
and pass the bill, H.R. 5207, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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