IB 

Union Calendar No. 383 

113TH CONGRESS 

2D SESSION H. R. 3488 

[Report No. 113–511, 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 

NOVEMBER 14, 2013 

Mr. MEEHAN (for himself, Mr. DEFAZIO, Mr. BISHOP of Georgia, Mrs. 

BLACKBURN, Mr. BRADY of Pennsylvania, Mrs. BROOKS of Indiana, Mr. 

BROUN of Georgia, Mr. CARSON of Indiana, Mr. CASSIDY, Mr. 

CHAFFETZ, Mr. COLE, Mr. CROWLEY, Mr. RODNEY DAVIS of Illinois, Mr. 

GERLACH, Mr. GIBSON, Mr. GENE GREEN of Texas, Mr. GRIMM, Mrs. 

HARTZLER, Mr. HIGGINS, Mr. JOHNSON of Ohio, Mr. JOHNSON of Georgia, Mr. JONES, Mr. JOYCE, Mr. KEATING, Mr. KING of New York, Mr. 

LANCE, Mr. LOBIONDO, Ms. MCCOLLUM, Mr. MCKINLEY, Ms. MENG, 

Mrs. MILLER of Michigan, Mr. NADLER, Mrs. NAPOLITANO, Mr. PALLONE, Mr. PASCRELL, Mr. PETERS of Michigan, Mr. RANGEL, Mr. 

RENACCI, Mr. ROGERS of Alabama, Mr. SCALISE, Ms. TITUS, Mr. WESTMORELAND, Ms. WILSON of Florida, Mr. FITZPATRICK, Mr. 

SOUTHERLAND, Mr. RAHALL, Mr. BUCSHON, Mr. LARSEN of Washington, Mr. GEORGE MILLER of California, Mr. HUIZENGA of Michigan, 

Mr. COURTNEY, Mr. SESSIONS, Mr. LEWIS, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. RUIZ, Mr. COLLINS of New York, Mr. STIVERS, Ms. 

BROWN of Florida, Ms. DELAURO, Mr. POE of Texas, Mr. RADEL, and 

Mr. GRAVES of Georgia) 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 


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JULY 3, 2014 

Additional sponsors: Ms. DELBENE, Mr. FLORES, Mr. SEAN PATRICK MALONEY of New York, Mr. YOUNG of Alaska, Mr. VEASEY, Mr. TURNER, Mr. 

CALVERT, Mr. OLSON, Mr. LARSON of Connecticut, Mr. MICHAUD, Ms. 

ESTY, Mr. SIRES, Mr. GRIJALVA, Ms. BROWNLEY of California, Ms. 

NORTON, Mr. BISHOP of Utah, Ms. HAHN, Mr. DINGELL, Mr. COBLE, 

Mr. DIAZ-BALART, Mr. MEADOWS, Ms. LINDA T. SA ́NCHEZ of California, 

Ms. SPEIER, Mr. VARGAS, Mr. COOK, Ms. CLARKE of New York, Mr. 

GRIFFIN of Arkansas, Mr. FOSTER, Mr. ENYART, Mr. SWALWELL of 

California, Mr. JEFFRIES, Mr. HOLT, Mr. MARCHANT, Mr. SCHOCK, Mr. 

BLUMENAUER, Mr. THOMPSON of California, Mr. PAULSEN, Mr. COFFMAN, Mr. HANNA, Mr. MEEKS, Mr. MATHESON, Mr. LIPINSKI, Mr. 

YODER, Mr. LOEBSACK, Mr. HONDA, Mr. WEBSTER of Florida, Mr. 

FRELINGHUYSEN, Mr. WALDEN, Mr. ROSKAM, Mr. ROTHFUS, Mrs. 

KIRKPATRICK, Mr. PITTENGER, Mr. TONKO, Mr. COHEN, Ms. JENKINS, 

Mr. DOGGETT, Mr. PETERSON, Mrs. BUSTOS, Mr. KINZINGER of Illinois, 

Mr. COSTA, Mr. POMPEO, Mr. GARAMENDI, Ms. CHU, Ms. SLAUGHTER, 

Mr. DOYLE, Mr. MURPHY of Florida, Mr. POCAN, Mr. BARLETTA, Mr. 

CONNOLLY, Mr. ISRAEL, Mr. MASSIE, Mr. HASTINGS of Washington, Mr. 

BENTIVOLIO, Mr. HUFFMAN, Mrs. WAGNER, Mr. HASTINGS of Florida, 

Mrs. CAROLYN B. MALONEY of New York, Mr. KILMER, Mr. CAPUANO, 

Ms. SINEMA, Mr. TIBERI, Mr. CA ́RDENAS, Mr. GRAYSON, Mr. HUDSON, 

Mr. PALAZZO, Mr. POSEY, Mr. WALBERG, Mr. GARCIA, Mr. STEWART, 

Mr. MCGOVERN, Mr. CARTWRIGHT, Ms. BONAMICI, and Ms. EDWARDS


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JULY 3, 2014 

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 3, 2014 

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 November 14, 2013] 


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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 2014’’. 

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, and the location at which 

18 such preclearance operations will be conducted. 

19 (2) An estimate of the date on which U.S. Cus20 toms and Border Protection intends to establish 

21 preclearance operations under such agreement. 

22 (3) The anticipated funding sources for 

23 preclearance operations under such agreement, and 

24 other funding sources considered. 


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1 (4) An assessment of the impact such 

2 preclearance operations will have on legitimate trade 

3 and travel, including potential impacts on passengers 

4 traveling to the United States. 

5 (5) A homeland security threat assessment for 

6 the country in which such preclearance operations are 

7 to be established. 

8 (6) An assessment of the impacts such 

9 preclearance operations will have on U.S. Customs 

10 and Border Protection domestic port of entry staffing. 

11 (7) Information on potential economic, competi12 tive, and job impacts on United States air carriers 

13 associated with establishing such preclearance oper14 ations. 

15 (8) Information on the anticipated homeland se16 curity benefits associated with establishing such 

17 preclearance operations. 

18 (9) Information on potential security 

19 vulnerabilities associated with commencing such 

20 preclearance operations, and mitigation plans to ad21 dress such potential security vulnerabilities. 

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

23 staffing model for such preclearance operations, and 

24 plans for how such positions would be filled. 


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1 (11) Information on the anticipated costs over 

2 the next five fiscal years associated with commencing 

3 such preclearance operations. 

4 (12) A copy of the agreement referred to in sub5 section (a) of section 5. 

6 (13) Other factors that the Secretary of Home7 land Security determines to be necessary for Congress 

8 to comprehensively assess the appropriateness of com9 mencing such preclearance operations. 

10 (b) CERTIFICATIONS RELATING TO PRECLEARANCE

11 OPERATIONS ESTABLISHED AT AIRPORTS.—In the case of 

12 an airport, in addition to the notification requirements 

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

14 into an agreement with the government of a foreign country 

15 to establish U.S. Customs and Border Protection 

16 preclearance operations at an airport in such foreign coun17 try, the Secretary of Homeland Security shall provide to 

18 the appropriate congressional committees the following: 

19 (1) A certification that preclearance operations 

20 under such preclearance agreement would provide 

21 homeland security benefits to the United States. 

22 (2) A certification that preclearance operations 

23 within such foreign country will be established under 

24 such agreement only if— 


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1 (A) at least one United States passenger 

2 carrier operates at such airport; and 

3 (B) the access of all United States passenger 

4 carriers to such preclearance operations is the 

5 same as the access of any non-United States pas6 senger carrier. 

7 (3) A certification that the Secretary of Home8 land Security has considered alternative options to 

9 preclearance operations and has determined that such 

10 options are not the most effective means of achieving 

11 the objectives specified in section 3. 

12 (4) A certification that the establishment of 

13 preclearance operations in such foreign country will 

14 not significantly increase customs processing times at 

15 United States airports. 

16 (5) An explanation of other objectives that will 

17 be served by the establishment of preclearance oper18 ations in such foreign country. 

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

20 Customs and Border Protection consulted publically 

21 with interested parties, including providers of com22 mercial air service in the United States, employees of 

23 such providers, security experts, and such other par24 ties as the Secretary determines to be appropriate, beVerDate Mar 15 2010 06:24 Jul 04, 2014 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H3488.RH H3488

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1 fore entering into such an agreement with such for2 eign government. 

3 (7) A report detailing the basis for the certifi4 cations referred to in paragraphs (1) through (6). 

5 (c) MODIFICATION OF EXISTING AGREEMENTS.—Not 

6 later than 30 days before substantially modifying a 

7 preclearance agreement with the government of a foreign 

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

9 the Secretary of Homeland Security shall provide to the ap10 propriate congressional committees a copy of the proposed 

11 agreement, as modified, and the justification for such modi12 fication. 

13 (d) REMEDIATION PLAN.— 

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

15 Customs and Border Protection shall monthly meas16 ure the average customs processing time to enter the 

17 25 United States airports that support the highest 

18 volume of international travel (as determined by 

19 available Federal passenger data) and provide to the 

20 appropriate congressional committees such measure21 ments. 

22 (2) ASSESSMENT.—Based on the measurements 

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

24 Customs and Border Protection shall quarterly assess 

25 whether the average customs processing time referred 


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1 to in such paragraph significantly exceeds the average 

2 customs processing time to enter the United States 

3 through a prclearance operation. 

4 (3) SUBMISSION.—Based on the assessment con5 ducted under paragraph (2), if the Commissioner of 

6 U.S. Customs and Border Protection determines that 

7 the average customs processing time referred to in 

8 paragraph (1) significantly exceeds the average cus9 toms processing time to enter the United States 

10 through a preclearance operation described in para11 graph (2), the Commissioner shall, not later than 60 

12 days after making such determination, provide to the 

13 appropriate congressional committees a remediation 

14 plan for reducing such average customs processing 

15 time referred to in paragraph (1). 

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

17 after submitting the remediation plan referred to in 

18 paragraph (3), the Commissioner of United States 

19 Customs and Border Protection shall implement those 

20 portions of such plan that can be carried out using 

21 existing resources, excluding the transfer of personnel. 

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

23 Customs and Border Protection does not submit the 

24 remediation plan referred to in paragraph (3) within 

25 60 days in accordance with such paragraph, the ComVerDate Mar 15 2010 06:24 Jul 04, 2014 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H3488.RH H3488

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1 missioner may not, until such time as such remedi2 ation plan is submitted, conduct any negotiations re3 lating to preclearance operations at an airport in 

4 any country or commence any such preclearance op5 erations. 

6 (6) STAKEHOLDER RECOMMENDATIONS.—The re7 mediation plan described in paragraph (3) shall con8 sider recommendations solicited from relevant stake9 holders. 

10 (e) CLASSIFIED REPORT.—The assessment required 

11 pursuant to subsection (a)(5) and the report required pur12 suant to subsection (b)(7) may be submitted in classified 

13 form if the Secretary of Homeland Security determines that 

14 such is appropriate. 

15 SEC. 5. AVIATION SECURITY SCREENING AT 

16 PRECLEARANCE AIRPORTS. 

17 (a) AVIATION SECURITY STANDARDS AGREEMENT.— 

18 Prior to the commencement of preclearance operations at 

19 an airport in a foreign country under this Act, the Admin20 istrator of the Transportation Security Administration 

21 shall enter into an agreement with the government of such 

22 foreign country that delineates and requires the adoption 

23 of aviation security screening standards that are deter24 mined by the Administrator to be comparable to those of 

25 the United States. 


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1 (b) AVIATION SECURITY RESCREENING.—If the Ad2 ministrator of the Transportation Security Administration 

3 determines that the government of a foreign country has not 

4 maintained security standards and protocols comparable to 

5 those of the United States at airports at which preclearance 

6 operations have been established in accordance with an 

7 agreement entered into pursuant to subsection (a), the Ad8 ministrator shall require the rescreening in the United 

9 States by the Transportation Security Administration of 

10 passengers and their property before such passengers may 

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

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

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

14 and arrives on a flight originating from a foreign airport 

15 at which preclearance operations have been established in 

16 accordance with an agreement entered into pursuant to sub17 section (a), shall be required to undergo security rescreening 

18 by the Transportation Security Administration before being 

19 permitted to board a domestic flight 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 in 

25 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 Govern6 ment such information through another comparable 

7 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 this 

13 Act. 


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Union Calendar No. 383 

113TH CONGRESS 

2D SESSION H. R. 3488 

[Report No. 113–511, 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 3, 2014 

Reported from the Committee on Homeland Security 

with an amendment 

JULY 3, 2014 

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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