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Union Calendar No. 165 

114TH CONGRESS 

1ST SESSION H. R. 998 

[Report No. 114–219, Part I] 

To establish the conditions under which the Secretary of Homeland Security 

may establish preclearance facilities, conduct preclearance operations, 

and provide customs services outside the United States, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 13, 2015 

Mr. MEEHAN (for himself, Mrs. MILLER of Michigan, Mr. COSTELLO of Pennsylvania, Mr. LANCE, Mr. ROGERS of Alabama, and Mr. MCCAUL) introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committee on Ways and Means, for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

JULY 22, 2015 

Reported from the Committee on Homeland Security with an amendment 

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

JULY 22, 2015 

The Committee on Ways and Means discharged; committed to the Committee 

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

[For text of introduced bill, see copy of bill as introduced on February 13, 2015] 


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A BILL 

To establish the conditions under which the Secretary of 

Homeland Security may establish preclearance facilities, 

conduct preclearance operations, and provide customs 

services outside the United States, 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 ‘‘Preclearance Authoriza5 tion Act of 2015’’. 

6 SEC. 2. DEFINITION. 

7 In this Act, the term ‘‘appropriate congressional com8 mittees’’ means the Committee on Homeland Security and 

9 the Committee on Ways and Means of the House of Rep10 resentatives and the Committee on Homeland Security and 

11 Governmental Affairs and the Committee on Finance of the 

12 Senate. 

13 SEC. 3. ESTABLISHMENT OF PRECLEARANCE OPERATIONS. 

14 Pursuant to section 1629 of title 19, United States 

15 Code, and subject to section 5, the Secretary of Homeland 

16 Security may establish U.S. Customs and Border Protec17 tion preclearance operations in a foreign country to— 

18 (1) prevent terrorists, instruments of terrorism, 

19 and other security threats from entering the United 

20 States; 

21 (2) prevent inadmissible persons from entering 

22 the United States; 

23 (3) ensure merchandise destined for the United 

24 States complies with applicable laws; 


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1 (4) ensure the prompt processing of persons eligi2 ble to travel to the United States; and 

3 (5) accomplish such other objectives as the Sec4 retary determines necessary to protect the United 

5 States. 

6 SEC. 4. NOTIFICATION AND CERTIFICATION TO CONGRESS. 

7 (a) NOTIFICATION.—Not later than 180 days before en8 tering into an agreement with the government of a foreign 

9 country to establish U.S. Customs and Border Protection 

10 preclearance operations in such foreign country, the Sec11 retary of Homeland Security shall provide to the appro12 priate congressional committees the following: 

13 (1) A copy of the proposed agreement to establish 

14 such preclearance operations, including an identifica15 tion of the foreign country with which U.S. Customs 

16 and Border Protection intends to enter into a 

17 preclearance agreement, the location at which such 

18 preclearance operations will be conducted, and the 

19 terms and conditions for U.S. Customs and Border 

20 Protection personnel operating at the location. 

21 (2) An estimate of the date on which U.S. Cus22 toms and Border Protection intends to establish 

23 preclearance operations under such agreement. 


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1 (3) The anticipated funding sources for 

2 preclearance operations under such agreement, and 

3 other funding sources considered. 

4 (4) An assessment of the impact such 

5 preclearance operations will have on legitimate trade 

6 and travel, including potential impacts on passengers 

7 traveling to the United States. 

8 (5) A homeland security threat assessment for 

9 the country in which such preclearance operations are 

10 to be established. 

11 (6) An assessment of the impacts such 

12 preclearance operations will have on U.S. Customs 

13 and Border Protection domestic port of entry staffing. 

14 (7) Information on potential economic, competi15 tive, and job impacts on United States air carriers 

16 associated with establishing such preclearance oper17 ations. 

18 (8) Information on the anticipated homeland se19 curity benefits associated with establishing such 

20 preclearance operations. 

21 (9) Information on potential security 

22 vulnerabilities associated with commencing such 

23 preclearance operations, and mitigation plans to ad24 dress such potential security vulnerabilities. 


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1 (10) A U.S. Customs and Border Protection 

2 staffing model for such preclearance operations, and 

3 plans for how such positions would be filled. 

4 (11) Information on the anticipated costs over 

5 the next five fiscal years associated with commencing 

6 such preclearance operations. 

7 (12) A copy of the agreement referred to in sub8 section (a) of section 5. 

9 (13) Other factors that the Secretary of Home10 land Security determines to be necessary for Congress 

11 to comprehensively assess the appropriateness of com12 mencing such preclearance operations. 

13 (b) CERTIFICATIONS RELATING TO PRECLEARANCE

14 OPERATIONS ESTABLISHED AT AIRPORTS.—In the case of 

15 an airport, in addition to the notification requirements 

16 under subsection (a), not later than 90 days before entering 

17 into an agreement with the government of a foreign country 

18 to establish U.S. Customs and Border Protection 

19 preclearance operations at an airport in such foreign coun20 try, the Secretary of Homeland Security shall provide to 

21 the appropriate congressional committees the following: 

22 (1) A certification that preclearance operations 

23 under such preclearance agreement would provide 

24 homeland security benefits to the United States. 


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1 (2) A certification that preclearance operations 

2 within such foreign country will be established under 

3 such agreement only if— 

4 (A) at least one United States passenger 

5 carrier operates at such airport; and 

6 (B) the access of all United States passenger 

7 carriers to such preclearance operations is the 

8 same as the access of any non-United States pas9 senger carrier. 

10 (3) A certification that the Secretary of Home11 land Security has considered alternative options to 

12 preclearance operations and has determined that such 

13 options are not the most effective means of achieving 

14 the objectives specified in section 3. 

15 (4) A certification that the establishment of 

16 preclearance operations in such foreign country will 

17 not significantly increase customs processing times at 

18 United States airports. 

19 (5) An explanation of other objectives that will 

20 be served by the establishment of preclearance oper21 ations in such foreign country. 

22 (6) A certification that representatives from U.S. 

23 Customs and Border Protection consulted publically 

24 with interested parties, including providers of com25 mercial air service in the United States, employees of 


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1 such providers, security experts, and such other par2 ties as the Secretary determines to be appropriate, be3 fore entering into such an agreement with such for4 eign government. 

5 (7) A report detailing the basis for the certifi6 cations referred to in paragraphs (1) through (6). 

7 (c) MODIFICATION OF EXISTING AGREEMENTS.—Not 

8 later than 30 days before substantially modifying a 

9 preclearance agreement with the government of a foreign 

10 country in effect as of the date of the enactment of this Act, 

11 the Secretary of Homeland Security shall provide to the ap12 propriate congressional committees a copy of the proposed 

13 agreement, as modified, and the justification for such modi14 fication. 

15 (d) REMEDIATION PLAN.— 

16 (1) IN GENERAL.—The Commissioner of U.S. 

17 Customs and Border Protection shall monthly meas18 ure the average customs processing time to enter the 

19 25 United States airports that support the highest 

20 volume of international travel (as determined by 

21 available Federal passenger data) and provide to the 

22 appropriate congressional committees such measure23 ments. 

24 (2) ASSESSMENT.—Based on the measurements 

25 described in paragraph (1), the Commissioner of U.S. 


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1 Customs and Border Protection shall quarterly assess 

2 whether the average customs processing time referred 

3 to in such paragraph significantly exceeds the average 

4 customs processing time to enter the United States 

5 through a preclearance operation. 

6 (3) SUBMISSION.—Based on the assessment con7 ducted under paragraph (2), if the Commissioner of 

8 U.S. Customs and Border Protection determines that 

9 the average customs processing time referred to in 

10 paragraph (1) significantly exceeds the average cus11 toms processing time to enter the United States 

12 through a preclearance operation described in para13 graph (2), the Commissioner shall, not later than 60 

14 days after making such determination, provide to the 

15 appropriate congressional committees a remediation 

16 plan for reducing such average customs processing 

17 time referred to in paragraph (1). 

18 (4) IMPLEMENTATION.—Not later than 30 days 

19 after submitting the remediation plan referred to in 

20 paragraph (3), the Commissioner of United States 

21 Customs and Border Protection shall implement those 

22 portions of such plan that can be carried out using 

23 existing resources, excluding the transfer of personnel. 

24 (5) SUSPENSION.—If the Commissioner of U.S. 

25 Customs and Border Protection does not submit the 


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1 remediation plan referred to in paragraph (3) within 

2 60 days in accordance with such paragraph, the Com3 missioner may not, until such time as such remedi4 ation plan is submitted, conduct any negotiations re5 lating to preclearance operations at an airport in 

6 any country or commence any such preclearance op7 erations. 

8 (6) STAKEHOLDER RECOMMENDATIONS.—The re9 mediation plan described in paragraph (3) shall con10 sider recommendations solicited from relevant stake11 holders. 

12 (e) CLASSIFIED REPORT.—The assessment required 

13 pursuant to subsection (a)(5) and the report required pur14 suant to subsection (b)(7) may be submitted in classified 

15 form if the Secretary of Homeland Security determines that 

16 such is appropriate. 

17 SEC. 5. AVIATION SECURITY SCREENING AT 

18 PRECLEARANCE AIRPORTS. 

19 (a) AVIATION SECURITY STANDARDS AGREEMENT.— 

20 Prior to the commencement of preclearance operations at 

21 an airport in a foreign country under this Act, the Admin22 istrator of the Transportation Security Administration 

23 shall enter into an agreement with the government of such 

24 foreign country that delineates and requires the adoption 

25 of aviation security screening standards that are deterVerDate Sep 11 2014 22:50 Jul 22, 2015 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H998.RH H998

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1 mined by the Administrator to be comparable to those of 

2 the United States. 

3 (b) AVIATION SECURITY RESCREENING.—If the Ad4 ministrator of the Transportation Security Administration 

5 determines that the government of a foreign country has not 

6 maintained security standards and protocols comparable to 

7 those of the United States at airports at which preclearance 

8 operations have been established in accordance with an 

9 agreement entered into pursuant to subsection (a), the Ad10 ministrator shall require the rescreening in the United 

11 States by the Transportation Security Administration of 

12 passengers and their property before such passengers may 

13 deplane into sterile areas of airports in the United States. 

14 (c) SELECTEES.—Any passenger who is determined to 

15 be a selectee based on a check against a terrorist watch list 

16 and arrives on a flight originating from a foreign airport 

17 at which preclearance operations have been established in 

18 accordance with an agreement entered into pursuant to sub19 section (a), shall be required to undergo security rescreening 

20 by the Transportation Security Administration before being 

21 permitted to board a domestic flight in the United States. 

22 SEC. 6. LOST AND STOLEN PASSPORTS. 

23 The Secretary of Homeland Security may not enter 

24 into or renew an agreement with the government of a for25 eign country to establish or maintain U.S. Customs and 


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1 Border Protection preclearance operations at an airport in 

2 such foreign country unless such government certifies— 

3 (1) that it routinely submits information about 

4 lost and stolen passports of its citizens and nationals 

5 to INTERPOL’s Stolen and Lost Travel Document 

6 database; or 

7 (2) makes available to the United States Govern8 ment such information through another comparable 

9 means of reporting. 

10 SEC. 7. EFFECTIVE DATE. 

11 Except for subsection (c) of section 4, this Act shall 

12 apply only to the establishment of preclearance operations 

13 in a foreign country in which no preclearance operations 

14 have been established as of the date of the enactment of this 

15 Act. 


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Union Calendar No. 165 

114TH CONGRESS 

1ST SESSION H. R. 998 

[Report No. 114–219, Part I] 

A BILL 

To establish the conditions under which the SecUnited States, and for other purposes. ations, and provide customs services outside the preclearance facilities, conduct preclearance oper- retary of Homeland Security may establish 

JULY 22, 2015 

Reported from the Committee on Homeland Security 

with an amendment 

JULY 22, 2015 

The Committee on Ways and Means discharged; comState of the Union and ordered to be printed mitted to the Committee of the Whole House on the 


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