I 

113TH CONGRESS 

1ST SESSION H. R. 3488 

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 

A BILL 

To establish the conditions under which the Secretary of 


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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. AUTHORITY TO ESTABLISH PRECLEARANCE 

4 FACILITIES, CONDUCT PRECLEARANCE OP5 ERATIONS, AND PROVIDE CUSTOMS SERV6 ICES OUTSIDE THE UNITED STATES. 

7 (a) AUTHORITY.— 

8 (1) IN GENERAL.—Notwithstanding any other 

9 provision of law and only in accordance with the pro10 visions of subsection (b), the Secretary of Homeland 

11 Security (hereafter in this Act referred to as the 

12 ‘‘Secretary’’) may, on or after the date of the enact13 ment of this Act, establish a preclearance facility, 

14 conduct preclearance operations, or provide customs 

15 services outside the United States to prevent terror16 ists, terrorist instruments, and other national secu17 rity threats from gaining access to the United 

18 States. 

19 (2) NON-APPLICABILITY.—The provisions of 

20 paragraph (1) shall not apply to any preclearance 

21 facility that was in operation, operations that were 

22 being conducted, or customs services that were being 


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1 provided outside the United States prior to the date 

2 of the enactment of this Act. Any preclearance facil3 ity located, preclearance operations conducted, or 

4 customs services provided at Abu Dhabi Inter5 national Airport, Al Maktoum International Airport, 

6 or Dubai International Airport in the United Arab 

7 Emirates, or Doha International Airport in Qatar, 

8 shall not be considered to have been in operation, 

9 conducted, or provided, as the case may be, prior to 

10 the date of the enactment of this Act for purposes 

11 of the preceding sentence, and no such facility, oper12 ations, or services may be established, conducted, or 

13 provided, as the case may be, at any of such airports 

14 on or after such date. 

15 (b) NOTICE AND ASSESSMENT.— 

16 (1) NOTICE.— 

17 (A) IN GENERAL.—Not later than 180 

18 days before entering into any agreement to es19 tablish a preclearance facility, conduct preclear20 ance operations, or provide customs services 

21 outside the United States, the Secretary shall 

22 provide to the appropriate congressional com23 mittees a notice of intent to establish such facil24 ity, conduct such operations, or provide such 

25 services. Such notice shall include— 


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1 (i) an assessment by the Secretary of 

2 the impacts on passengers traveling to the 

3 United States of establishing such facility, 

4 conducting such operations, or providing 

5 such services; 

6 (ii) an assessment by the Secretary of 

7 the economic impacts on United States air 

8 carriers of establishing such facility, con9 ducting such operations, or providing such 

10 services, including the network effects, im11 pact on global traffic flows, impacts on rel12 evant alliance partnerships or joint ven13 tures of such air carriers, and any associ14 ated job impacts on employees of such air 

15 carriers; 

16 (iii) an assessment by the Secretary of 

17 the security benefits and liabilities that will 

18 result from establishing such facility, con19 ducting such operations, or providing such 

20 services; 

21 (iv) an assessment by the Secretary of 

22 the impact on customs staffing at United 

23 States airports that will result from estab24 lishing such facility, conducting such oper25 ations, or providing such services; and 


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1 (v) such other factors as the Secretary 

2 determines to be relevant and necessary for 

3 the appropriate congressional committees 

4 to adequately review the necessity of estab5 lishing such facility, conducting such oper6 ations, or providing such services. 

7 (B) CONSULTATION.—In making the as8 sessments required under clauses (i), (ii), and 

9 (iii) of subparagraph (A), the Secretary shall 

10 consult with the Secretary of Transportation. 

11 (C) COPY OF AGREEMENT.—The Secretary 

12 shall provide to the appropriate congressional 

13 committees, together with the notice of intent 

14 required under subparagraph (A), a copy of the 

15 agreement which is the subject of the notice of 

16 intent. 

17 (2) ASSESSMENT.—Any notice of intent pro18 vided under paragraph (1)(A), together with the 

19 agreement under paragraph (1)(C) which is the sub20 ject of the notice of intent, shall be provided concur21 rently to the Government Accountability Office. Not 

22 later than 60 days after receipt of such notice and 

23 agreement, the Comptroller General of the United 

24 States shall provide to the appropriate congressional 

25 committees an assessment of the impacts on employVerDate Mar 15 2010 18:13 Nov 19, 2013 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3488.IH H3488

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1 ment by United States air carriers of the establish2 ment of a preclearance facility, the conduct of 

3 preclearance operations, or the provision of customs 

4 services outside the United States as proposed under 

5 the notice and agreement. 

6 (3) EFFECTIVE DATE.—After providing a notice 

7 of intent under paragraph (1)(A) with respect to an 

8 agreement to establish a preclearance facility, con9 duct preclearance operations, or provide customs 

10 services outside the United States, the Secretary 

11 may enter into the agreement only after the expira12 tion of the applicable review period. 

13 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE14 FINED.—In this section, the term ‘‘appropriate congres15 sional committees’’ means— 

16 (1) the Committee on Homeland Security, the 

17 Committee on Ways and Means, and the Committee 

18 on Transportation and Infrastructure of the House 

19 of Representatives; and 

20 (2) the Committee on Homeland Security and 

21 Governmental Affairs, the Committee on Finance, 

22 and the Committee on Commerce, Science, and 

23 Transportation of the Senate. 

Æ 


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