II 

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. 

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 Author5 ization Act of 2015’’. 


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1 SEC. 2. DEFINITION. 

2 In this Act, the term ‘‘appropriate congressional com3 mittees’’ means the Committee on Homeland Security and 

4 the Committee on Ways and Means of the House of Rep5 resentatives and the Committee on Homeland Security 

6 and Governmental Affairs and the Committee on Finance 

7 of the Senate. 

8 SEC. 3. ESTABLISHMENT OF PRECLEARANCE OPERATIONS. 

9 Pursuant to section 1629 of title 19, United States 

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

11 Security may establish U.S. Customs and Border Protec12 tion preclearance operations in a foreign country to— 

13 (1) prevent terrorists, instruments of terrorism, 

14 and other security threats from entering the United 

15 States; 

16 (2) prevent inadmissible persons from entering 

17 the United States; 

18 (3) ensure merchandise destined for the United 

19 States complies with applicable laws; 

20 (4) ensure the prompt processing of persons eli21 gible to travel to the United States; and 

22 (5) accomplish such other objectives as the Sec23 retary determines necessary to protect the United 

24 States. 


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1 SEC. 4. NOTIFICATION AND CERTIFICATION TO CONGRESS. 

2 (a) NOTIFICATION.—Not later than 180 days before 

3 entering into an agreement with the government of a for4 eign country to establish U.S. Customs and Border Pro5 tection preclearance operations in such foreign country, 

6 the Secretary of Homeland Security shall provide to the 

7 appropriate congressional committees the following: 

8 (1) A copy of the proposed agreement to estab9 lish such preclearance operations, including an iden10 tification of the foreign country with which U.S. 

11 Customs and Border Protection intends to enter into 

12 a preclearance agreement, the location at which such 

13 preclearance operations will be conducted, and the 

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

15 Protection personnel operating at the location. 

16 (2) An estimate of the date on which U.S. Cus17 toms and Border Protection intends to establish 

18 preclearance operations under such agreement. 

19 (3) The anticipated funding sources for 

20 preclearance operations under such agreement, and 

21 other funding sources considered. 

22 (4) An assessment of the impact such 

23 preclearance operations will have on legitimate trade 

24 and travel, including potential impacts on passengers 

25 traveling to the United States. 


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1 (5) A homeland security threat assessment for 

2 the country in which such preclearance operations 

3 are to be established. 

4 (6) An assessment of the impacts such 

5 preclearance operations will have on U.S. Customs 

6 and Border Protection domestic port of entry staff7 ing. 

8 (7) Information on potential economic, competi9 tive, and job impacts on United States air carriers 

10 associated with establishing such preclearance oper11 ations. 

12 (8) Information on the anticipated homeland se13 curity benefits associated with establishing such 

14 preclearance operations. 

15 (9) Information on potential security 

16 vulnerabilities associated with commencing such 

17 preclearance operations, and mitigation plans to ad18 dress such potential security vulnerabilities. 

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

20 staffing model for such preclearance operations, and 

21 plans for how such positions would be filled. 

22 (11) Information on the anticipated costs over 

23 the next 5 fiscal years associated with commencing 

24 such preclearance operations. 


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1 (12) A copy of the agreement referred to in 

2 subsection (a) of section 5. 

3 (13) Other factors that the Secretary of Home4 land Security determines to be necessary for Con5 gress to comprehensively assess the appropriateness 

6 of commencing such preclearance operations. 

7 (b) CERTIFICATIONS RELATING TO PRECLEARANCE

8 OPERATIONS ESTABLISHED AT AIRPORTS.—In the case of 

9 an airport, in addition to the notification requirements 

10 under subsection (a), not later than 90 days before enter11 ing into an agreement with the government of a foreign 

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

13 preclearance operations at an airport in such foreign coun14 try, the Secretary of Homeland Security shall provide to 

15 the appropriate congressional committees the following: 

16 (1) A certification that preclearance operations 

17 under such preclearance agreement would provide 

18 homeland security benefits to the United States. 

19 (2) A certification that preclearance operations 

20 within such foreign country will be established under 

21 such agreement only if— 

22 (A) at least one United States passenger 

23 carrier operates at such airport; and 

24 (B) the access of all United States pas25 senger carriers to such preclearance operations 


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1 is the same as the access of any non-United 

2 States passenger carrier. 

3 (3) A certification that the Secretary of Home4 land Security has considered alternative options to 

5 preclearance operations and has determined that 

6 such options are not the most effective means of 

7 achieving the objectives specified in section 3. 

8 (4) A certification that the establishment of 

9 preclearance operations in such foreign country will 

10 not significantly increase customs processing times 

11 at United States airports. 

12 (5) An explanation of other objectives that will 

13 be served by the establishment of preclearance oper14 ations in such foreign country. 

15 (6) A certification that representatives from 

16 U.S. Customs and Border Protection consulted pub17 lically with interested parties, including providers of 

18 commercial air service in the United States, employ19 ees of such providers, security experts, and such 

20 other parties as the Secretary determines to be ap21 propriate, before entering into such an agreement 

22 with such foreign government. 

23 (7) A report detailing the basis for the certifi24 cations referred to in paragraphs (1) through (6). 


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1 (c) MODIFICATION OF EXISTING AGREEMENTS.— 

2 Not later than 30 days before substantially modifying a 

3 preclearance agreement with the government of a foreign 

4 country in effect as of the date of the enactment of this 

5 Act, the Secretary of Homeland Security shall provide to 

6 the appropriate congressional committees a copy of the 

7 proposed agreement, as modified, and the justification for 

8 such modification. 

9 (d) REMEDIATION PLAN.— 

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

11 Customs and Border Protection shall monthly meas12 ure the average customs processing time to enter the 

13 25 United States airports that support the highest 

14 volume of international travel (as determined by 

15 available Federal passenger data) and provide to the 

16 appropriate congressional committees such measure17 ments. 

18 (2) ASSESSMENT.—Based on the measurements 

19 described in paragraph (1), the Commissioner of 

20 U.S. Customs and Border Protection shall quarterly 

21 assess whether the average customs processing time 

22 referred to in such paragraph significantly exceeds 

23 the average customs processing time to enter the 

24 United States through a preclearance operation. 


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1 (3) SUBMISSION.—Based on the assessment 

2 conducted under paragraph (2), if the Commissioner 

3 of U.S. Customs and Border Protection determines 

4 that the average customs processing time referred to 

5 in paragraph (1) significantly exceeds the average 

6 customs processing time to enter the United States 

7 through a preclearance operation described in para8 graph (2), the Commissioner shall, not later than 60 

9 days after making such determination, provide to 

10 the appropriate congressional committees a remedi11 ation plan for reducing such average customs proc12 essing time referred to in paragraph (1). 

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

14 after submitting the remediation plan referred to in 

15 paragraph (3), the Commissioner of United States 

16 Customs and Border Protection shall implement 

17 those portions of such plan that can be carried out 

18 using existing resources, excluding the transfer of 

19 personnel. 

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

21 Customs and Border Protection does not submit the 

22 remediation plan referred to in paragraph (3) within 

23 60 days in accordance with such paragraph, the 

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1 tions relating to preclearance operations at an air2 port in any country or commence any such 

3 preclearance operations. 

4 (6) STAKEHOLDER RECOMMENDATIONS.—The 

5 remediation plan described in paragraph (3) shall 

6 consider recommendations solicited from relevant 

7 stakeholders. 

8 (e) CLASSIFIED REPORT.—The assessment required 

9 pursuant to subsection (a)(5) and the report required pur10 suant to subsection (b)(7) may be submitted in classified 

11 form if the Secretary of Homeland Security determines 

12 that such is appropriate. 

13 SEC. 5. AVIATION SECURITY SCREENING AT 

14 PRECLEARANCE AIRPORTS. 

15 (a) AVIATION SECURITY STANDARDS AGREEMENT.— 

16 Prior to the commencement of preclearance operations at 

17 an airport in a foreign country under this Act, the Admin18 istrator of the Transportation Security Administration 

19 shall enter into an agreement with the government of such 

20 foreign country that delineates and requires the adoption 

21 of aviation security screening standards that are deter22 mined by the Administrator to be comparable to those of 

23 the United States. 

24 (b) AVIATION SECURITY RESCREENING.—If the Ad25 ministrator of the Transportation Security Administration 


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1 determines that the government of a foreign country has 

2 not maintained security standards and protocols com3 parable to those of the United States at airports at which 

4 preclearance operations have been established in accord5 ance with an agreement entered into pursuant to sub6 section (a), the Administrator shall require the rescreening 

7 in the United States by the Transportation Security Ad8 ministration of passengers and their property before such 

9 passengers may deplane into sterile areas of airports in 

10 the United States. 

11 (c) SELECTEES.—Any passenger who is determined 

12 to be a selectee based on a check against a terrorist watch 

13 list and arrives on a flight originating from a foreign air14 port at which preclearance operations have been estab15 lished in accordance with an agreement entered into pur16 suant to subsection (a), shall be required to undergo secu17 rity rescreening by the Transportation Security Adminis18 tration before being permitted to board a domestic flight 

19 in the United States. 

20 SEC. 6. LOST AND STOLEN PASSPORTS. 

21 The Secretary of Homeland Security may not enter 

22 into or renew an agreement with the government of a for23 eign country to establish or maintain U.S. Customs and 

24 Border Protection preclearance operations at an airport 

25 in such foreign country unless such government certifies— 


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1 (1) that it routinely submits information about 

2 lost and stolen passports of its citizens and nationals 

3 to INTERPOL’s Stolen and Lost Travel Document 

4 database; or 

5 (2) makes available to the United States Gov6 ernment such information through another com7 parable means of reporting. 

8 SEC. 7. EFFECTIVE DATE. 

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

10 apply only to the establishment of preclearance operations 

11 in a foreign country in which no preclearance operations 

12 have been established as of the date of the enactment of 

13 this Act. 

14 SECTION 1. SHORT TITLE. 

15 This Act may be cited as the ‘‘Preclearance Authoriza16 tion Act of 2015’’. 

17 SEC. 2. DEFINITION. 

18 In this Act: 

19 (1) APPROPRIATE CONGRESSIONAL COMMIT20 TEES.—The term ‘‘appropriate congressional commit21 tees’’ means— 

22 (A) the Committee on Homeland Security 

23 and Governmental Affairs of the Senate; 

24 (B) the Committee on Finance of the Sen25 ate; 


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1 (C) the Committee on Commerce, Science, 

2 and Transportation of the Senate; 

3 (D) the Committee on Appropriations of the 

4 Senate; 

5 (E) the Committee on Homeland Security 

6 of the House of Representatives; 

7 (F) the Committee on Ways and Means of 

8 the House of Representatives; and 

9 (G) the Committee on Appropriations of the 

10 House of Representatives. 

11 (2) CBP.—The term ‘‘CBP’’ means U.S. Cus12 toms and Border Protection. 

13 (3) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of Homeland Security. 

15 SEC. 3. ESTABLISHMENT OF PRECLEARANCE OPERATIONS. 

16 Pursuant to section 629 of the Tariff Act of 1930 (19 

17 U.S.C. 1629) and section 103(a)(7) of the Immigration and 

18 Nationality Act (8 U.S.C. 1103(a)(7)), and provided that 

19 an aviation security preclearance agreement (as defined in 

20 section 44901(d)(4)(B) of title 49, United States Code) is 

21 in effect, the Secretary may establish and maintain U.S. 

22 Customs and Border Protection preclearance operations in 

23 a foreign country— 


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1 (1) to prevent terrorists, instruments of ter2 rorism, and other security threats from entering the 

3 United States; 

4 (2) to prevent inadmissible persons from enter5 ing the United States; 

6 (3) to ensure that merchandise destined for the 

7 United States complies with applicable laws; 

8 (4) to ensure the prompt processing of persons el9 igible to travel to the United States; and 

10 (5) to accomplish such other objectives as the 

11 Secretary determines are necessary to protect the 

12 United States. 

13 SEC. 4. NOTIFICATION AND CERTIFICATION TO CONGRESS. 

14 (a) INITIAL NOTIFICATION.—Not later than 60 days 

15 before an agreement is entered into force with the govern16 ment of a foreign country to establish U.S. Customs and 

17 Border Protection preclearance operations in such foreign 

18 country, the Secretary shall provide the appropriate con19 gressional committees with— 

20 (1) a copy of the agreement to establish such 

21 preclearance operations, which shall include— 

22 (A) the identification of the foreign country 

23 with which U.S. Customs and Border Protection 

24 intends to enter into a preclearance agreement; 


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1 (B) the location at which such preclearance 

2 operations will be conducted; and 

3 (C) the terms and conditions for U.S. Cus4 toms and Border Protection personnel operating 

5 at the location; 

6 (2) an assessment of the impact such 

7 preclearance operations will have on legitimate trade 

8 and travel, including potential impacts on passengers 

9 traveling to the United States; 

10 (3) an assessment of the impacts such 

11 preclearance operations will have on U.S. Customs 

12 and Border Protection domestic port of entry staffing; 

13 (4) country-specific information on the antici14 pated homeland security benefits associated with es15 tablishing such preclearance operations; 

16 (5) information on potential security 

17 vulnerabilities associated with commencing such 

18 preclearance operations and mitigation plans to ad19 dress such potential security vulnerabilities; 

20 (6) a U.S. Customs and Border Protection staff21 ing model for such preclearance operations and plans 

22 for how such positions would be filled; and 

23 (7) information on the anticipated costs over the 

24 next 5 fiscal years associated with commencing such 

25 preclearance operations. 


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1 (b) FURTHER NOTIFICATION RELATING TO

2 PRECLEARANCE OPERATIONS ESTABLISHED AT AIR3 PORTS.—Not later than 45 days before an agreement is en4 tered into force with the government of a foreign country 

5 to establish U.S. Customs and Border Protection 

6 preclearance operations at an airport in such country, the 

7 Secretary, in addition to complying with the notification 

8 requirements under subsection (a), shall provide the appro9 priate congressional committees with— 

10 (1) an estimate of the date on which U.S. Cus11 toms and Border Protection intends to establish 

12 preclearance operations under such agreement, in13 cluding any pending caveats that must be resolved be14 fore preclearance operations are approved; 

15 (2) the anticipated funding sources for 

16 preclearance operations under such agreement, and 

17 other funding sources considered; 

18 (3) a homeland security threat assessment for the 

19 country in which such preclearance operations are to 

20 be established; 

21 (4) information on potential economic, competi22 tive, and job impacts on United States air carriers 

23 associated with establishing such preclearance oper24 ations; 


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1 (5) details on information sharing mechanisms 

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

3 has current information to prevent terrorist and 

4 criminal travel; and 

5 (6) other factors that the Secretary determines to 

6 be necessary for Congress to comprehensively assess 

7 the appropriateness of commencing such preclearance 

8 operations. 

9 (c) CERTIFICATIONS RELATING TO PRECLEARANCE

10 OPERATIONS ESTABLISHED AT AIRPORTS.—Not later than 

11 60 days before an agreement is entered into force with the 

12 government of a foreign country to establish U.S. Customs 

13 and Border Protection preclearance operations at an air14 port in such country, the Secretary, in addition to com15 plying with the notification requirements under subsections 

16 (a) and (b), shall provide the appropriate congressional 

17 committees with— 

18 (1) a certification that preclearance operations 

19 under such preclearance agreement, after considering 

20 alternative options, would provide homeland security 

21 benefits to the United States through the most effective 

22 means possible; 

23 (2) a certification that preclearance operations 

24 within such foreign country will be established under 

25 such agreement only if— 


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1 (A) at least 1 United States passenger car2 rier operates at such airport; and 

3 (B) any United States passenger carriers 

4 operating at such airport and desiring to par5 ticipate in preclearance operations are provided 

6 access that is comparable to that of any non7 United States passenger carrier operating at 

8 that airport; 

9 (3) a certification that the establishment of 

10 preclearance operations in such foreign country will 

11 not significantly increase customs processing times at 

12 United States airports; 

13 (4) a certification that representatives from U.S. 

14 Customs and Border Protection consulted with stake15 holders, including providers of commercial air service 

16 in the United States, employees of such providers, se17 curity experts, and such other parties as the Secretary 

18 determines to be appropriate; and 

19 (5) a report detailing the basis for the certifi20 cations referred to in paragraphs (1) through (4). 

21 (d) AMENDMENT OF EXISTING AGREEMENTS.—Not 

22 later than 30 days before a substantially amended 

23 preclearance agreement is entered into force with the gov24 ernment of a foreign country in effect as of the date of the 


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1 enactment of this Act, the Secretary shall provide to the 

2 appropriate congressional committees— 

3 (1) a copy of the agreement, as amended; and 

4 (2) the justification for such amendment. 

5 (e) IMPLEMENTATION PLAN.— 

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

7 Customs and Border Protection shall report to the ap8 propriate congressional committees, on a quarterly 

9 basis— 

10 (A) the number of Customs and Border Pro11 tection Officers, by port, assigned from domestic 

12 ports of entry to preclearance operations; and 

13 (B) the number of the positions described in 

14 subparagraph (A) that have been filled by an15 other hired, trained, and equipped Customs and 

16 Border Protection Officer. 

17 (2) SUBMISSION.—If the Commissioner has not 

18 filled the positions of Customs and Border Protection 

19 Officers that were reassigned to preclearance oper20 ations and determines that Customs and Border Pro21 tection processing times at domestic ports of entry 

22 from which Customs and Border Protection Officers 

23 were reassigned to preclearance operations has sig24 nificantly increased, the Commissioner, not later than 

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1 mit, to the appropriate congressional committees, an 

2 implementation plan for reducing Customs and Bor3 der Protection processing times at the domestic ports 

4 of entry with such increased Customs and Border 

5 Protection processing times. 

6 (3) SUSPENSION.—If the Commissioner does not 

7 submit the implementation plan described in para8 graph (2) to the appropriate congressional committees 

9 before the deadline set forth in such paragraph, the 

10 Commissioner may not commence preclearance oper11 ations at an additional port of entry in any country 

12 until such implementation plan is submitted. 

13 (f) CLASSIFIED REPORT.—The report required under 

14 subsection (c)(5) may be submitted in classified form if the 

15 Secretary determines that such form is appropriate. 

16 SEC. 5. PROTOCOLS. 

17 Section 44901(d)(4) of title 49, United States Code, 

18 is amended by adding at the end the following: 

19 ‘‘(D) RESCREENING REQUIREMENT.—If the 

20 Administrator of the Transportation Security 

21 Administration determines that the government 

22 of a foreign country has not maintained security 

23 standards and protocols comparable to those of 

24 the United States at airports at which 

25 preclearance operations have been established in 


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1 accordance with this paragraph, the Adminis2 trator shall ensure that Transportation Security 

3 Administration personnel rescreen passengers ar4 riving from such airports and their property in 

5 the United States before such passengers are per6 mitted into sterile areas of airports in the 

7 United States.’’. 

8 SEC. 6. LOST AND STOLEN PASSPORTS. 

9 The Secretary may not enter into an agreement with 

10 the government of a foreign country to establish or main11 tain U.S. Customs and Border Protection preclearance op12 erations at an airport in such country unless the Secretary 

13 certifies to the appropriate congressional committees that 

14 such government— 

15 (1) routinely submits information about lost and 

16 stolen passports of its citizens and nationals to 

17 INTERPOL’s Stolen and Lost Travel Document 

18 database; or 

19 (2) makes such information available to the 

20 United States Government through another com21 parable means of reporting. 


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1 SEC. 7. RECOVERY OF INITIAL U.S. CUSTOMS AND BORDER 

2 PROTECTION PRECLEARANCE OPERATIONS 

3 COSTS. 

4 (a) COST SHARING AGREEMENTS WITH RELEVANT

5 AIRPORT AUTHORITIES.—The Commissioner of U.S. Cus6 toms and Border Protection may enter into a cost sharing 

7 agreement with airport authorities in foreign countries at 

8 which preclearance operations are to be established or 

9 maintained if— 

10 (1) an executive agreement to establish or main11 tain such preclearance operations pursuant to the au12 thorities under section 629 of the Tariff Act of 1930 

13 (19 U.S.C. 1629) and section 103(a)(7) of the Immi14 gration and Nationality Act (8 U.S.C. 1103(a)(7)) 

15 has been signed, but has not yet entered into force; 

16 and 

17 (2) U.S. Customs and Border Protection has in18 curred, or expects to incur, initial preclearance oper19 ations costs in order to establish or maintain 

20 preclearance operations under the agreement described 

21 in paragraph (1). 

22 (b) CONTENTS OF COST SHARING AGREEMENTS.— 

23 (1) IN GENERAL.—Notwithstanding section 

24 13031(e) of the Consolidated Omnibus Budget Rec25 onciliation Act of 1985 (19 U.S.C. 58c(e)) and section 

26 286(g) of the Immigration and Nationality Act (8 


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1 U.S.C. 1356(g)), any cost sharing agreement author2 ized under subsection (a) may provide for the airport 

3 authority’s payment to U.S. Customs and Border 

4 Protection of its initial preclearance operations costs. 

5 (2) TIMING OF PAYMENTS.—The airport 

6 authority’s payment to U.S. Customs and Border 

7 Protection for its initial preclearance operations costs 

8 may be made in advance of the incurrence of the costs 

9 or on a reimbursable basis. 

10 (c) ACCOUNT.— 

11 (1) IN GENERAL.—All amounts collected pursu12 ant to any cost sharing agreement authorized under 

13 subsection (a)— 

14 (A) shall be credited as offsetting collections 

15 to the currently applicable appropriation, ac16 count, or fund of U.S. Customs and Border Pro17 tection; 

18 (B) shall remain available, until expended, 

19 for the purposes for which such appropriation, 

20 account, or fund is authorized to be used; and 

21 (C) may be collected and shall be available 

22 only to the extent provided in appropriations 

23 Acts. 

24 (2) RETURN OF UNUSED FUNDS.—Any advances 

25 or reimbursements not used by U.S. Customs and 


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1 Border Protection may be returned to the relevant 

2 airport authority. 

3 (3) RULE OF CONSTRUCTION.—Nothing in this 

4 subsection may be construed to preclude the use of ap5 propriated funds, from sources other than the pay6 ments collected under this Act, to pay initial 

7 preclearance operation costs. 

8 (d) DEFINED TERM.— 

9 (1) IN GENERAL.—In this section, the term ‘‘ini10 tial preclearance operations costs’’ means the costs in11 curred, or expected to be incurred, by U.S. Customs 

12 and Border Protection to establish or maintain 

13 preclearance operations at an airport in a foreign 

14 country, including costs relating to— 

15 (A) hiring, training, and equipping new 

16 CBP officers who will be stationed at United 

17 States domestic ports of entry or other CBP fa18 cilities to backfill CBP officers to be stationed at 

19 an airport in a foreign country to conduct 

20 preclearance operations; and 

21 (B) visits to the airport authority conducted 

22 by CBP personnel necessary to prepare for the 

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1 able to such CBP personnel attributable to such 

2 visits. 

3 (2) EXCEPTION.—The costs described in para4 graph (1)(A) shall not include the salaries and bene5 fits of new CBP officers once such officers are perma6 nently stationed at a domestic United States port of 

7 entry or other domestic CBP facility after being 

8 hired, trained, and equipped. 

9 (e) RULE OF CONSTRUCTION.—Except as otherwise 

10 provided in this section, nothing in this section may be con11 strued as affecting the responsibilities, duties, or authorities 

12 of U.S. Customs and Border Protection. 

13 SEC. 8. COLLECTION AND DISPOSITION OF FUNDS COL14 LECTED FOR IMMIGRATION INSPECTION 

15 SERVICES AND PRECLEARANCE ACTIVITIES. 

16 (a) IMMIGRATION AND NATIONALITY ACT.—Section 

17 286(i) of the Immigration and Nationality Act (8 U.S.C. 

18 1356(i)) is amended by striking the last sentence and insert19 ing the following: ‘‘Reimbursements under this subsection 

20 may be collected in advance of the provision of such immi21 gration inspection services. Notwithstanding subparagraph 

22 (h)(1)(B), and only to the extent provided in appropria23 tions Acts, any amounts collected under this subsection shall 

24 be credited as offsetting collections to the currently applica25 ble appropriation, account, or fund of U.S. Customs and 


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1 Border Protection, remain available until expended, and be 

2 available for the purposes for which such appropriation, ac3 count, or fund is authorized to be used.’’. 

4 (b) FARM SECURITY AND RURAL INVESTMENT ACT OF

5 2002.—Section 10412(b) of the Farm Security and Rural 

6 Investment Act of 2002 (7 U.S.C. 8311(b)) is amended to 

7 read as follows: 

8 ‘‘(b) FUNDS COLLECTED FOR PRECLEARANCE.—Funds 

9 collected for preclearance activities— 

10 ‘‘(1) may be collected in advance of the provision 

11 of such activities; 

12 ‘‘(2) shall be credited as offsetting collections to 

13 the currently applicable appropriation, account, or 

14 fund of U.S. Customs and Border Protection; 

15 ‘‘(3) shall remain available until expended; 

16 ‘‘(4) shall be available for the purposes for which 

17 such appropriation, account, or fund is authorized to 

18 be used; and 

19 ‘‘(5) may be collected and shall be available only 

20 to the extent provided in appropriations Acts.’’. 

21 SEC. 9. APPLICATION TO NEW AND EXISTING 

22 PRECLEARANCE OPERATIONS. 

23 Except for sections 4(d), 5, 7, and 8, this Act shall 

24 only apply to the establishment of preclearance operations 

25 in a foreign country in which no preclearance operations 


asabaliauskas on DSK5VPTVN1PROD with BILLS
26 

•HR 998 RS

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

2 Act. 


asabaliauskas on DSK5VPTVN1PROD with BILLS

asabaliauskas on DSK5VPTVN1PROD with BILLS
Calendar No. 324 

114TH CONGRESS 

1ST SESSION H. R. 998 

[Report No. 114–180] 

AN ACT 

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 

DECEMBER 15, 2015 

Reported with an amendment 


asabaliauskas on DSK5VPTVN1PROD with BILLS