IB 
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 Penn-
sylvania, Mr. LANCE, Mr. ROGERS of Alabama, and Mr. MCCAUL) intro-
duced the following bill; which was referred to the Committee on Home-
land 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 com-
mittee 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 pur-
poses. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Preclearance Authoriza-
tion Act of 2015’’. 
SEC. 2. DEFINITION. 
In this Act, the term ‘‘appropriate congressional com-
mittees’’ means the Committee on Homeland Security and 
the Committee on Ways and Means of the House of Rep-
resentatives and the Committee on Homeland Security and 
Governmental Affairs and the Committee on Finance of the 
Senate. 
SEC. 3. ESTABLISHMENT OF PRECLEARANCE OPERATIONS. 
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 Protec-
tion preclearance operations in a foreign country to— 
(1) prevent terrorists, instruments of terrorism, 
and other security threats from entering the United 
States; 
(2) prevent inadmissible persons from entering 
the United States; 
(3) ensure merchandise destined for the United 
States complies with applicable laws; 
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(4) ensure the prompt processing of persons eligi-
ble to travel to the United States; and 
(5) accomplish such other objectives as the Sec-
retary determines necessary to protect the United 
States. 
SEC. 4. NOTIFICATION AND CERTIFICATION TO CONGRESS. 
(a) NOTIFICATION.—Not later than 180 days before en-
tering 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 Sec-
retary of Homeland Security shall provide to the appro-
priate congressional committees the following: 
(1) A copy of the proposed agreement to establish 
such preclearance operations, including an identifica-
tion 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. 
(2) An estimate of the date on which U.S. Cus-
toms and Border Protection intends to establish 
preclearance operations under such agreement. 
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(3) 
The 
anticipated 
funding 
sources 
for 
preclearance operations under such agreement, and 
other funding sources considered. 
(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. 
(5) A homeland security threat assessment for 
the country in which such preclearance operations are 
to be established. 
(6) 
An 
assessment 
of 
the 
impacts 
such 
preclearance operations will have on U.S. Customs 
and Border Protection domestic port of entry staffing. 
(7) Information on potential economic, competi-
tive, and job impacts on United States air carriers 
associated with establishing such preclearance oper-
ations. 
(8) Information on the anticipated homeland se-
curity benefits associated with establishing such 
preclearance operations. 
(9) 
Information 
on 
potential 
security 
vulnerabilities associated with commencing such 
preclearance operations, and mitigation plans to ad-
dress such potential security vulnerabilities. 
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(10) A U.S. Customs and Border Protection 
staffing model for such preclearance operations, and 
plans for how such positions would be filled. 
(11) Information on the anticipated costs over 
the next five fiscal years associated with commencing 
such preclearance operations. 
(12) A copy of the agreement referred to in sub-
section (a) of section 5. 
(13) Other factors that the Secretary of Home-
land Security determines to be necessary for Congress 
to comprehensively assess the appropriateness of com-
mencing such preclearance operations. 
(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 coun-
try, the Secretary of Homeland Security shall provide to 
the appropriate congressional committees the following: 
(1) A certification that preclearance operations 
under such preclearance agreement would provide 
homeland security benefits to the United States. 
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(2) A certification that preclearance operations 
within such foreign country will be established under 
such agreement only if— 
(A) at least one United States passenger 
carrier operates at such airport; and 
(B) the access of all United States passenger 
carriers to such preclearance operations is the 
same as the access of any non-United States pas-
senger carrier. 
(3) A certification that the Secretary of Home-
land 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. 
(4) A certification that the establishment of 
preclearance operations in such foreign country will 
not significantly increase customs processing times at 
United States airports. 
(5) An explanation of other objectives that will 
be served by the establishment of preclearance oper-
ations in such foreign country. 
(6) A certification that representatives from U.S. 
Customs and Border Protection consulted publically 
with interested parties, including providers of com-
mercial air service in the United States, employees of 
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such providers, security experts, and such other par-
ties as the Secretary determines to be appropriate, be-
fore entering into such an agreement with such for-
eign government. 
(7) A report detailing the basis for the certifi-
cations referred to in paragraphs (1) through (6). 
(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 ap-
propriate congressional committees a copy of the proposed 
agreement, as modified, and the justification for such modi-
fication. 
(d) REMEDIATION PLAN.— 
(1) IN
GENERAL.—The Commissioner of U.S. 
Customs and Border Protection shall monthly meas-
ure 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 measure-
ments. 
(2) ASSESSMENT.—Based on the measurements 
described in paragraph (1), the Commissioner of U.S. 
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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. 
(3) SUBMISSION.—Based on the assessment con-
ducted 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 cus-
toms processing time to enter the United States 
through a preclearance operation described in para-
graph (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). 
(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. 
(5) SUSPENSION.—If the Commissioner of U.S. 
Customs and Border Protection does not submit the 
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