```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 998 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 324
114th CONGRESS
  1st Session
                                H. R. 998

                          [Report No. 114-180]

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 28, 2015

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

                           December 15, 2015

               Reported by Mr. Johnson, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 AN ACT

 
   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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Preclearance Authorization 
Act of 2015''.</DELETED>

<DELETED>SEC. 2. DEFINITION.</DELETED>

<DELETED>    In this Act, the term ``appropriate congressional 
committees'' means 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.</DELETED>

<DELETED>SEC. 3. ESTABLISHMENT OF PRECLEARANCE OPERATIONS.</DELETED>

<DELETED>    Pursuant to section 1629 of title 19, United States Code, 
and subject to section 5, the Secretary of Homeland Security may 
establish U.S. Customs and Border Protection preclearance operations in 
a foreign country to--</DELETED>
        <DELETED>    (1) prevent terrorists, instruments of terrorism, 
        and other security threats from entering the United 
        States;</DELETED>
        <DELETED>    (2) prevent inadmissible persons from entering the 
        United States;</DELETED>
        <DELETED>    (3) ensure merchandise destined for the United 
        States complies with applicable laws;</DELETED>
        <DELETED>    (4) ensure the prompt processing of persons 
        eligible to travel to the United States; and</DELETED>
        <DELETED>    (5) accomplish such other objectives as the 
        Secretary determines necessary to protect the United 
        States.</DELETED>

<DELETED>SEC. 4. NOTIFICATION AND CERTIFICATION TO CONGRESS.</DELETED>

<DELETED>    (a) Notification.--Not later than 180 days before entering 
into an agreement with the government of a foreign country to establish 
U.S. Customs and Border Protection preclearance operations in such 
foreign country, the Secretary of Homeland Security shall provide to 
the appropriate congressional committees the following:</DELETED>
        <DELETED>    (1) A copy of the proposed agreement to establish 
        such preclearance operations, including an identification of 
        the foreign country with which U.S. Customs and Border 
        Protection intends to enter into a preclearance agreement, the 
        location at which such preclearance operations will be 
        conducted, and the terms and conditions for U.S. Customs and 
        Border Protection personnel operating at the 
        location.</DELETED>
        <DELETED>    (2) An estimate of the date on which U.S. Customs 
        and Border Protection intends to establish preclearance 
        operations under such agreement.</DELETED>
        <DELETED>    (3) The anticipated funding sources for 
        preclearance operations under such agreement, and other funding 
        sources considered.</DELETED>
        <DELETED>    (4) An assessment of the impact such preclearance 
        operations will have on legitimate trade and travel, including 
        potential impacts on passengers traveling to the United 
        States.</DELETED>
        <DELETED>    (5) A homeland security threat assessment for the 
        country in which such preclearance operations are to be 
        established.</DELETED>
        <DELETED>    (6) An assessment of the impacts such preclearance 
        operations will have on U.S. Customs and Border Protection 
        domestic port of entry staffing.</DELETED>
        <DELETED>    (7) Information on potential economic, 
        competitive, and job impacts on United States air carriers 
        associated with establishing such preclearance 
        operations.</DELETED>
        <DELETED>    (8) Information on the anticipated homeland 
        security benefits associated with establishing such 
        preclearance operations.</DELETED>
        <DELETED>    (9) Information on potential security 
        vulnerabilities associated with commencing such preclearance 
        operations, and mitigation plans to address such potential 
        security vulnerabilities.</DELETED>
        <DELETED>    (10) A U.S. Customs and Border Protection staffing 
        model for such preclearance operations, and plans for how such 
        positions would be filled.</DELETED>
        <DELETED>    (11) Information on the anticipated costs over the 
        next 5 fiscal years associated with commencing such 
        preclearance operations.</DELETED>
        <DELETED>    (12) A copy of the agreement referred to in 
        subsection (a) of section 5.</DELETED>
        <DELETED>    (13) Other factors that the Secretary of Homeland 
        Security determines to be necessary for Congress to 
        comprehensively assess the appropriateness of commencing such 
        preclearance operations.</DELETED>
<DELETED>    (b) Certifications Relating to Preclearance Operations 
Established at Airports.--In the case of an airport, in addition to the 
notification requirements under subsection (a), not later than 90 days 
before entering into an agreement with the government of a foreign 
country to establish U.S. Customs and Border Protection preclearance 
operations at an airport in such foreign country, the Secretary of 
Homeland Security shall provide to the appropriate congressional 
committees the following:</DELETED>
        <DELETED>    (1) A certification that preclearance operations 
        under such preclearance agreement would provide homeland 
        security benefits to the United States.</DELETED>
        <DELETED>    (2) A certification that preclearance operations 
        within such foreign country will be established under such 
        agreement only if--</DELETED>
                <DELETED>    (A) at least one United States passenger 
                carrier operates at such airport; and</DELETED>
                <DELETED>    (B) the access of all United States 
                passenger carriers to such preclearance operations is 
                the same as the access of any non-United States 
                passenger carrier.</DELETED>
        <DELETED>    (3) A certification that the Secretary of Homeland 
        Security has considered alternative options to preclearance 
        operations and has determined that such options are not the 
        most effective means of achieving the objectives specified in 
        section 3.</DELETED>
        <DELETED>    (4) A certification that the establishment of 
        preclearance operations in such foreign country will not 
        significantly increase customs processing times at United 
        States airports.</DELETED>
        <DELETED>    (5) An explanation of other objectives that will 
        be served by the establishment of preclearance operations in 
        such foreign country.</DELETED>
        <DELETED>    (6) A certification that representatives from U.S. 
        Customs and Border Protection consulted publically with 
        interested parties, including providers of commercial air 
        service in the United States, employees of such providers, 
        security experts, and such other parties as the Secretary 
        determines to be appropriate, before entering into such an 
        agreement with such foreign government.</DELETED>
        <DELETED>    (7) A report detailing the basis for the 
        certifications referred to in paragraphs (1) through 
        (6).</DELETED>
<DELETED>    (c) Modification of Existing Agreements.--Not later than 
30 days before substantially modifying a preclearance agreement with 
the government of a foreign country in effect as of the date of the 
enactment of this Act, the Secretary of Homeland Security shall provide 
to the appropriate congressional committees a copy of the proposed 
agreement, as modified, and the justification for such 
modification.</DELETED>
<DELETED>    (d) Remediation Plan.--</DELETED>
        <DELETED>    (1) In general.--The Commissioner of U.S. Customs 
        and Border Protection shall monthly measure the average customs 
        processing time to enter the 25 United States airports that 
        support the highest volume of international travel (as 
        determined by available Federal passenger data) and provide to 
        the appropriate congressional committees such 
        measurements.</DELETED>
        <DELETED>    (2) Assessment.--Based on the measurements 
        described in paragraph (1), the Commissioner of U.S. Customs 
        and Border Protection shall quarterly assess whether the 
        average customs processing time referred to in such paragraph 
        significantly exceeds the average customs processing time to 
        enter the United States through a preclearance 
        operation.</DELETED>
        <DELETED>    (3) Submission.--Based on the assessment conducted 
        under paragraph (2), if the Commissioner of U.S. Customs and 
        Border Protection determines that the average customs 
        processing time referred to in paragraph (1) significantly 
        exceeds the average customs processing time to enter the United 
        States through a preclearance operation described in paragraph 
        (2), the Commissioner shall, not later than 60 days after 
        making such determination, provide to the appropriate 
        congressional committees a remediation plan for reducing such 
        average customs processing time referred to in paragraph 
        (1).</DELETED>
        <DELETED>    (4) Implementation.--Not later than 30 days after 
        submitting the remediation plan referred to in paragraph (3), 
        the Commissioner of United States Customs and Border Protection 
        shall implement those portions of such plan that can be carried 
        out using existing resources, excluding the transfer of 
        personnel.</DELETED>
        <DELETED>    (5) Suspension.--If the Commissioner of U.S. 
        Customs and Border Protection does not submit the remediation 
        plan referred to in paragraph (3) within 60 days in accordance 
        with such paragraph, the Commissioner may not, until such time 
        as such remediation plan is submitted, conduct any negotiations 
        relating to preclearance operations at an airport in any 
        country or commence any such preclearance operations.</DELETED>
        <DELETED>    (6) Stakeholder recommendations.--The remediation 
        plan described in paragraph (3) shall consider recommendations 
        solicited from relevant stakeholders.</DELETED>
<DELETED>    (e) Classified Report.--The assessment required pursuant 
to subsection (a)(5) and the report required pursuant to subsection 
(b)(7) may be submitted in classified form if the Secretary of Homeland 
Security determines that such is appropriate.</DELETED>

<DELETED>SEC. 5. AVIATION SECURITY SCREENING AT PRECLEARANCE 
              AIRPORTS.</DELETED>

<DELETED>    (a) Aviation Security Standards Agreement.--Prior to the 
commencement of preclearance operations at an airport in a foreign 
country under this Act, the Administrator of the Transportation 
Security Administration shall enter into an agreement with the 
government of such foreign country that delineates and requires the 
adoption of aviation security screening standards that are determined 
by the Administrator to be comparable to those of the United 
States.</DELETED>
<DELETED>    (b) Aviation Security Rescreening.--If the Administrator 
of the Transportation Security Administration determines that the 
government of a foreign country has not maintained security standards 
and protocols comparable to those of the United States at airports at 
which preclearance operations have been established in accordance with 
an agreement entered into pursuant to subsection (a), the Administrator 
shall require the rescreening in the United States by the 
Transportation Security Administration of passengers and their property 
before such passengers may deplane into sterile areas of airports in 
the United States.</DELETED>
<DELETED>    (c) Selectees.--Any passenger who is determined to be a 
selectee based on a check against a terrorist watch list and arrives on 
a flight originating from a foreign airport at which preclearance 
operations have been established in accordance with an agreement 
entered into pursuant to subsection (a), shall be required to undergo 
security rescreening by the Transportation Security Administration 
before being permitted to board a domestic flight in the United 
States.</DELETED>

<DELETED>SEC. 6. LOST AND STOLEN PASSPORTS.</DELETED>

<DELETED>    The Secretary of Homeland Security may not enter into or 
renew an agreement with the government of a foreign country to 
establish or maintain U.S. Customs and Border Protection preclearance 
operations at an airport in such foreign country unless such government 
certifies--</DELETED>
        <DELETED>    (1) that it routinely submits information about 
        lost and stolen passports of its citizens and nationals to 
        INTERPOL's Stolen and Lost Travel Document database; 
        or</DELETED>
        <DELETED>    (2) makes available to the United States 
        Government such information through another comparable means of 
        reporting.</DELETED>

<DELETED>SEC. 7. EFFECTIVE DATE.</DELETED>

<DELETED>    Except for subsection (c) of section 4, this Act shall 
apply only to the establishment of preclearance operations in a foreign 
country in which no preclearance operations have been established as of 
the date of the enactment of this Act.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preclearance Authorization Act of 
2015''.

SEC. 2. DEFINITION.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (B) the Committee on Finance of the Senate;
                    (C) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    (D) the Committee on Appropriations of the Senate;
                    (E) the Committee on Homeland Security of the House 
                of Representatives;
                    (F) the Committee on Ways and Means of the House of 
                Representatives; and
                    (G) the Committee on Appropriations of the House of 
                Representatives.
            (2) CBP.--The term ``CBP'' means U.S. Customs and Border 
        Protection.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.

SEC. 3. ESTABLISHMENT OF PRECLEARANCE OPERATIONS.

    Pursuant to section 629 of the Tariff Act of 1930 (19 U.S.C. 1629) 
and section 103(a)(7) of the Immigration and Nationality Act (8 U.S.C. 
1103(a)(7)), and provided that an aviation security preclearance 
agreement (as defined in section 44901(d)(4)(B) of title 49, United 
States Code) is in effect, the Secretary may establish and maintain 
U.S. Customs and Border Protection preclearance operations in a foreign 
country--
            (1) to prevent terrorists, instruments of terrorism, and 
        other security threats from entering the United States;
            (2) to prevent inadmissible persons from entering the 
        United States;
            (3) to ensure that merchandise destined for the United 
        States complies with applicable laws;
            (4) to ensure the prompt processing of persons eligible to 
        travel to the United States; and
            (5) to accomplish such other objectives as the Secretary 
        determines are necessary to protect the United States.

SEC. 4. NOTIFICATION AND CERTIFICATION TO CONGRESS.

    (a) Initial Notification.--Not later than 60 days before an 
agreement is entered into force with the government of a foreign 
country to establish U.S. Customs and Border Protection preclearance 
operations in such foreign country, the Secretary shall provide the 
appropriate congressional committees with--
            (1) a copy of the agreement to establish such preclearance 
        operations, which shall include--
                    (A) the identification of the foreign country with 
                which U.S. Customs and Border Protection intends to 
                enter into a preclearance agreement;
                    (B) the location at which such preclearance 
                operations will be conducted; and
                    (C) the terms and conditions for U.S. Customs and 
                Border Protection personnel operating at the location;
            (2) an assessment of the impact such preclearance 
        operations will have on legitimate trade and travel, including 
        potential impacts on passengers traveling to the United States;
            (3) an assessment of the impacts such preclearance 
        operations will have on U.S. Customs and Border Protection 
        domestic port of entry staffing;
            (4) country-specific information on the anticipated 
        homeland security benefits associated with establishing such 
        preclearance operations;
            (5) information on potential security vulnerabilities 
        associated with commencing such preclearance operations and 
        mitigation plans to address such potential security 
        vulnerabilities;
            (6) a U.S. Customs and Border Protection staffing model for 
        such preclearance operations and plans for how such positions 
        would be filled; and
            (7) information on the anticipated costs over the next 5 
        fiscal years associated with commencing such preclearance 
        operations.
    (b) Further Notification Relating to Preclearance Operations 
Established at Airports.--Not later than 45 days before an agreement is 
entered into force with the government of a foreign country to 
establish U.S. Customs and Border Protection preclearance operations at 
an airport in such country, the Secretary, in addition to complying 
with the notification requirements under subsection (a), shall provide 
the appropriate congressional committees with--
            (1) an estimate of the date on which U.S. Customs and 
        Border Protection intends to establish preclearance operations 
        under such agreement, including any pending caveats that must 
        be resolved before preclearance operations are approved;
            (2) the anticipated funding sources for preclearance 
        operations under such agreement, and other funding sources 
        considered;
            (3) a homeland security threat assessment for the country 
        in which such preclearance operations are to be established;
            (4) information on potential economic, competitive, and job 
        impacts on United States air carriers associated with 
        establishing such preclearance operations;
            (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 Secretary determines to be 
        necessary for Congress to comprehensively assess the 
        appropriateness of commencing such preclearance operations.
    (c) Certifications Relating to Preclearance Operations Established 
at Airports.--Not later than 60 days before an agreement is entered 
into force with the government of a foreign country to establish U.S. 
Customs and Border Protection preclearance operations at an airport in 
such country, the Secretary, in addition to complying with the 
notification requirements under subsections (a) and (b), shall provide 
the appropriate congressional committees with--
            (1) a certification that preclearance operations under such 
        preclearance agreement, after considering alternative options, 
        would provide homeland security benefits to the United States 
        through the most effective means possible;
            (2) a certification that preclearance operations within 
        such foreign country will be established under such agreement 
        only if--
                    (A) at least 1 United States passenger carrier 
                operates at such airport; and
                    (B) any United States passenger carriers operating 
                at such airport and desiring to participate in 
                preclearance operations are provided access that is 
                comparable to that of any non-United States passenger 
                carrier operating at that airport;
            (3) a certification that the establishment of preclearance 
        operations in such foreign country will not significantly 
        increase customs processing times at United States airports;
            (4) a certification that representatives from U.S. Customs 
        and Border Protection consulted with stakeholders, including 
        providers of commercial air service in the United States, 
        employees of such providers, security experts, and such other 
        parties as the Secretary determines to be appropriate; and
            (5) a report detailing the basis for the certifications 
        referred to in paragraphs (1) through (4).
    (d) Amendment of Existing Agreements.--Not later than 30 days 
before a substantially amended preclearance agreement is entered into 
force with the government of a foreign country in effect as of the date 
of the enactment of this Act, the Secretary shall provide to the 
appropriate congressional committees--
            (1) a copy of the agreement, as amended; and
            (2) the justification for such amendment.
    (e) Implementation Plan.--
            (1) In general.--The Commissioner of U.S. Customs and 
        Border Protection shall report to the appropriate congressional 
        committees, on a quarterly basis--
                    (A) the number of Customs and Border Protection 
                Officers, by port, assigned from domestic ports of 
                entry to preclearance operations; and
                    (B) the number of the positions described in 
                subparagraph (A) that have been filled by another 
                hired, trained, and equipped Customs and Border 
                Protection Officer.
            (2) Submission.--If the Commissioner has not filled the 
        positions of Customs and Border Protection Officers that were 
        reassigned to preclearance operations and determines that 
        Customs and Border Protection processing times at domestic 
        ports of entry from which Customs and Border Protection 
        Officers were reassigned to preclearance operations has 
        significantly increased, the Commissioner, not later than 60 
        days after making such a determination, shall submit, to the 
        appropriate congressional committees, an implementation plan 
        for reducing Customs and Border Protection processing times at 
        the domestic ports of entry with such increased Customs and 
        Border Protection processing times.
            (3) Suspension.--If the Commissioner does not submit the 
        implementation plan described in paragraph (2) to the 
        appropriate congressional committees before the deadline set 
        forth in such paragraph, the Commissioner may not commence 
        preclearance operations at an additional port of entry in any 
        country until such implementation plan is submitted.
    (f) Classified Report.--The report required under subsection (c)(5) 
may be submitted in classified form if the Secretary determines that 
such form is appropriate.

SEC. 5. PROTOCOLS.

    Section 44901(d)(4) of title 49, United States Code, is amended by 
adding at the end the following:
                    ``(D) Rescreening requirement.--If the 
                Administrator of the Transportation Security 
                Administration determines that the government of a 
                foreign country has not maintained security standards 
                and protocols comparable to those of the United States 
                at airports at which preclearance operations have been 
                established in accordance with this paragraph, the 
                Administrator shall ensure that Transportation Security 
                Administration personnel rescreen passengers arriving 
                from such airports and their property in the United 
                States before such passengers are permitted into 
                sterile areas of airports in the United States.''.

SEC. 6. LOST AND STOLEN PASSPORTS.

    The Secretary may not enter into an agreement with the government 
of a foreign country to establish or maintain U.S. Customs and Border 
Protection preclearance operations at an airport in such country unless 
the Secretary certifies to the appropriate congressional committees 
that such government--
            (1) routinely submits information about lost and stolen 
        passports of its citizens and nationals to INTERPOL's Stolen 
        and Lost Travel Document database; or
            (2) makes such information available to the United States 
        Government through another comparable means of reporting.

SEC. 7. RECOVERY OF INITIAL U.S. CUSTOMS AND BORDER PROTECTION 
              PRECLEARANCE OPERATIONS COSTS.

    (a) Cost Sharing Agreements With Relevant Airport Authorities.--The 
Commissioner of U.S. Customs and Border Protection may enter into a 
cost sharing agreement with airport authorities in foreign countries at 
which preclearance operations are to be established or maintained if--
            (1) an executive agreement to establish or maintain such 
        preclearance operations pursuant to the authorities under 
        section 629 of the Tariff Act of 1930 (19 U.S.C. 1629) and 
        section 103(a)(7) of the Immigration and Nationality Act (8 
        U.S.C. 1103(a)(7)) has been signed, but has not yet entered 
        into force; and
            (2) U.S. Customs and Border Protection has incurred, or 
        expects to incur, initial preclearance operations costs in 
        order to establish or maintain preclearance operations under 
        the agreement described in paragraph (1).
    (b) Contents of Cost Sharing Agreements.--
            (1) In general.--Notwithstanding section 13031(e) of the 
        Consolidated Omnibus Budget Reconciliation Act of 1985 (19 
        U.S.C. 58c(e)) and section 286(g) of the Immigration and 
        Nationality Act (8 U.S.C. 1356(g)), any cost sharing agreement 
        authorized under subsection (a) may provide for the airport 
        authority's payment to U.S. Customs and Border Protection of 
        its initial preclearance operations costs.
            (2) Timing of payments.--The airport authority's payment to 
        U.S. Customs and Border Protection for its initial preclearance 
        operations costs may be made in advance of the incurrence of 
        the costs or on a reimbursable basis.
    (c) Account.--
            (1) In general.--All amounts collected pursuant to any cost 
        sharing agreement authorized under subsection (a)--
                    (A) shall be credited as offsetting collections to 
                the currently applicable appropriation, account, or 
                fund of U.S. Customs and Border Protection;
                    (B) shall remain available, until expended, for the 
                purposes for which such appropriation, account, or fund 
                is authorized to be used; and
                    (C) may be collected and shall be available only to 
                the extent provided in appropriations Acts.
            (2) Return of unused funds.--Any advances or reimbursements 
        not used by U.S. Customs and Border Protection may be returned 
        to the relevant airport authority.
            (3) Rule of construction.--Nothing in this subsection may 
        be construed to preclude the use of appropriated funds, from 
        sources other than the payments collected under this Act, to 
        pay initial preclearance operation costs.
    (d) Defined Term.--
            (1) In general.--In this section, the term ``initial 
        preclearance operations costs'' means the costs incurred, or 
        expected to be incurred, by U.S. Customs and Border Protection 
        to establish or maintain preclearance operations at an airport 
        in a foreign country, including costs relating to--
                    (A) hiring, training, and equipping new CBP 
                officers who will be stationed at United States 
                domestic ports of entry or other CBP facilities to 
                backfill CBP officers to be stationed at an airport in 
                a foreign country to conduct preclearance operations; 
                and
                    (B) visits to the airport authority conducted by 
                CBP personnel necessary to prepare for the 
                establishment or maintenance of preclearance operations 
                at such airport, including the compensation, travel 
                expenses, and allowances payable to such CBP personnel 
                attributable to such visits.
            (2) Exception.--The costs described in paragraph (1)(A) 
        shall not include the salaries and benefits of new CBP officers 
        once such officers are permanently stationed at a domestic 
        United States port of entry or other domestic CBP facility 
        after being hired, trained, and equipped.
    (e) Rule of Construction.--Except as otherwise provided in this 
section, nothing in this section may be construed as affecting the 
responsibilities, duties, or authorities of U.S. Customs and Border 
Protection.

SEC. 8. COLLECTION AND DISPOSITION OF FUNDS COLLECTED FOR IMMIGRATION 
              INSPECTION SERVICES AND PRECLEARANCE ACTIVITIES.

    (a) Immigration and Nationality Act.--Section 286(i) of the 
Immigration and Nationality Act (8 U.S.C. 1356(i)) is amended by 
striking the last sentence and inserting the following: 
``Reimbursements under this subsection may be collected in advance of 
the provision of such immigration inspection services. Notwithstanding 
subparagraph (h)(1)(B), and only to the extent provided in 
appropriations Acts, any amounts collected under this subsection shall 
be credited as offsetting collections to the currently applicable 
appropriation, account, or fund of U.S. Customs and Border Protection, 
remain available until expended, and be available for the purposes for 
which such appropriation, account, or fund is authorized to be used.''.
    (b) Farm Security and Rural Investment Act of 2002.--Section 
10412(b) of the Farm Security and Rural Investment Act of 2002 (7 
U.S.C. 8311(b)) is amended to read as follows:
    ``(b) Funds Collected for Preclearance.--Funds collected for 
preclearance activities--
            ``(1) may be collected in advance of the provision of such 
        activities;
            ``(2) shall be credited as offsetting collections to the 
        currently applicable appropriation, account, or fund of U.S. 
        Customs and Border Protection;
            ``(3) shall remain available until expended;
            ``(4) shall be available for the purposes for which such 
        appropriation, account, or fund is authorized to be used; and
            ``(5) may be collected and shall be available only to the 
        extent provided in appropriations Acts.''.

SEC. 9. APPLICATION TO NEW AND EXISTING PRECLEARANCE OPERATIONS.

    Except for sections 4(d), 5, 7, and 8, this Act shall only apply to 
the establishment of preclearance operations in a foreign country in 
which no preclearance operations have been established as of the date 
of the enactment of this Act.
                                                       Calendar No. 324

114th CONGRESS

  1st Session

                               H. R. 998

                          [Report No. 114-180]

_______________________________________________________________________

                                 AN ACT

   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.

_______________________________________________________________________

                           December 15, 2015

                       Reported with an amendment
```