113TH CONGRESS 
2D SESSION 
H. R. 3488 
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 pur-
poses. 
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 Author-
ization Act of 2014’’. 
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; 
(4) ensure the prompt processing of persons eli-
gible 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 
entering into an agreement with the government of a for-
eign country to establish U.S. Customs and Border Pro-
tection preclearance operations in such foreign country, 
the Secretary of Homeland Security shall provide to the 
appropriate congressional committees the following: 
(1) A copy of the proposed agreement to estab-
lish such preclearance operations, including an iden-
tification of the foreign country with which U.S. 
Customs and Border Protection intends to enter into 
a preclearance agreement, and the location at which 
such preclearance operations will be conducted. 
(2) An estimate of the date on which U.S. Cus-
toms and Border Protection intends to establish 
preclearance operations under such agreement. 
(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 staff-
ing. 
(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. 
(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 com-
mencing such preclearance operations. 
(12) A copy of the agreement referred to in 
subsection (a) of section 5. 
(13) Other factors that the Secretary of Home-
land Security determines to be necessary for Con-
gress to comprehensively assess the appropriateness 
of commencing 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 enter-
ing 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. 
(2) A certification that preclearance operations 
within such foreign country will be established under 
such agreement only if—
propriate, before entering into such an agreement 
with such foreign 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 appropriate congressional committees a copy of the 
proposed agreement, as modified, and the justification for 
such modification. 
(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. 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 prclearance operation. 
(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 para-
graph (2), the Commissioner shall, not later than 60 
days after making such determination, provide to 
the appropriate congressional committees a remedi-
ation plan for reducing such average customs proc-
essing 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 
remediation plan referred to in paragraph (3) within
60 days in accordance with such paragraph, the 
Commissioner may not, until such time as such re-
mediation plan is submitted, conduct any negotia-
tions relating to preclearance operations at an air-
port in any country or commence any such 
preclearance operations. 
(6) STAKEHOLDER
RECOMMENDATIONS.—The 
remediation plan described in paragraph (3) shall 
consider recommendations solicited from relevant 
stakeholders. 
(e) CLASSIFIED REPORT.—The assessment required 
pursuant to subsection (a)(5) and the report required pur-
suant to subsection (b)(7) may be submitted in classified 
form if the Secretary of Homeland Security determines 
that such is appropriate. 
SEC. 
5. 
AVIATION 
SECURITY 
SCREENING 
AT 
PRECLEARANCE AIRPORTS. 
(a) AVIATION SECURITY STANDARDS AGREEMENT.— 
Prior to the commencement of preclearance operations at 
an airport in a foreign country under this Act, the Admin-
istrator 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 deter-
mined by the Administrator to be comparable to those of 
the United States. 
(b) AVIATION SECURITY RESCREENING.—If the Ad-
ministrator of the Transportation Security Administration 
determines that the government of a foreign country has 
not maintained security standards and protocols com-
parable to those of the United States at airports at which 
preclearance operations have been established in accord-
ance with an agreement entered into pursuant to sub-
section (a), the Administrator shall require the rescreening 
in the United States by the Transportation Security Ad-
ministration of passengers and their property before such 
passengers may deplane into sterile areas of airports in 
the United States. 
(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 air-
port at which preclearance operations have been estab-
lished in accordance with an agreement entered into pur-
suant to subsection (a), shall be required to undergo secu-
rity rescreening by the Transportation Security Adminis-
tration before being permitted to board a domestic flight 
in the United States.
SEC. 6. LOST AND STOLEN PASSPORTS. 
The Secretary of Homeland Security may not enter 
into or renew an agreement with the government of a for-
eign country to establish or maintain U.S. Customs and 
Border Protection preclearance operations at an airport 
in such foreign country unless such government certifies— 
(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 
(2) makes available to the United States Gov-
ernment such information through another com-
parable means of reporting. 
SEC. 7. EFFECTIVE DATE. 
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. 
Passed the House of Representatives July 8, 2014. 
Attest: 
Clerk.
113TH CONGRESS 
2D SESSION 
H. R. 3488 
AN ACT 
To establish the conditions under which the Sec-
retary of Homeland Security may establish 
preclearance facilities, conduct preclearance oper-
ations, and provide customs services outside the 
United States, and for other purposes.