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 Geor-
gia, 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. PAL-
LONE, Mr. PASCRELL, Mr. PETERS of Michigan, Mr. RANGEL, Mr. 
RENACCI, Mr. ROGERS of Alabama, Mr. SCALISE, Ms. TITUS, Mr. WEST-
MORELAND, 
Ms. 
WILSON
of 
Florida, 
Mr. 
FITZPATRICK, 
Mr. 
SOUTHERLAND, Mr. RAHALL, Mr. BUCSHON, Mr. LARSEN of Wash-
ington, Mr. GEORGE MILLER of California, Mr. HUIZENGA of Michigan, 
Mr. COURTNEY, Mr. SESSIONS, Mr. LEWIS, Ms. EDDIE BERNICE JOHN-
SON 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 Com-
mittee 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 pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. AUTHORITY TO ESTABLISH PRECLEARANCE 
FACILITIES, CONDUCT PRECLEARANCE OP-
ERATIONS, AND PROVIDE CUSTOMS SERV-
ICES OUTSIDE THE UNITED STATES. 
(a) AUTHORITY.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law and only in accordance with the pro-
visions of subsection (b), the Secretary of Homeland 
Security (hereafter in this Act referred to as the 
‘‘Secretary’’) may, on or after the date of the enact-
ment of this Act, establish a preclearance facility, 
conduct preclearance operations, or provide customs 
services outside the United States to prevent terror-
ists, terrorist instruments, and other national secu-
rity threats from gaining access to the United 
States. 
(2) NON-APPLICABILITY.—The provisions of 
paragraph (1) shall not apply to any preclearance 
facility that was in operation, operations that were 
being conducted, or customs services that were being 
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provided outside the United States prior to the date 
of the enactment of this Act. Any preclearance facil-
ity located, preclearance operations conducted, or 
customs services provided at Abu Dhabi Inter-
national Airport, Al Maktoum International Airport, 
or Dubai International Airport in the United Arab 
Emirates, or Doha International Airport in Qatar, 
shall not be considered to have been in operation, 
conducted, or provided, as the case may be, prior to 
the date of the enactment of this Act for purposes 
of the preceding sentence, and no such facility, oper-
ations, or services may be established, conducted, or 
provided, as the case may be, at any of such airports 
on or after such date. 
(b) NOTICE AND ASSESSMENT.— 
(1) NOTICE.— 
(A) IN
GENERAL.—Not later than 180 
days before entering into any agreement to es-
tablish a preclearance facility, conduct preclear-
ance operations, or provide customs services 
outside the United States, the Secretary shall 
provide to the appropriate congressional com-
mittees a notice of intent to establish such facil-
ity, conduct such operations, or provide such 
services. Such notice shall include— 
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(i) an assessment by the Secretary of 
the impacts on passengers traveling to the 
United States of establishing such facility, 
conducting such operations, or providing 
such services; 
(ii) an assessment by the Secretary of 
the economic impacts on United States air 
carriers of establishing such facility, con-
ducting such operations, or providing such 
services, including the network effects, im-
pact on global traffic flows, impacts on rel-
evant alliance partnerships or joint ven-
tures of such air carriers, and any associ-
ated job impacts on employees of such air 
carriers; 
(iii) an assessment by the Secretary of 
the security benefits and liabilities that will 
result from establishing such facility, con-
ducting such operations, or providing such 
services; 
(iv) an assessment by the Secretary of 
the impact on customs staffing at United 
States airports that will result from estab-
lishing such facility, conducting such oper-
ations, or providing such services; and 
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(v) such other factors as the Secretary 
determines to be relevant and necessary for 
the appropriate congressional committees 
to adequately review the necessity of estab-
lishing such facility, conducting such oper-
ations, or providing such services. 
(B) CONSULTATION.—In making the as-
sessments required under clauses (i), (ii), and 
(iii) of subparagraph (A), the Secretary shall 
consult with the Secretary of Transportation. 
(C) COPY OF AGREEMENT.—The Secretary 
shall provide to the appropriate congressional 
committees, together with the notice of intent 
required under subparagraph (A), a copy of the 
agreement which is the subject of the notice of 
intent. 
(2) ASSESSMENT.—Any notice of intent pro-
vided under paragraph (1)(A), together with the 
agreement under paragraph (1)(C) which is the sub-
ject of the notice of intent, shall be provided concur-
rently to the Government Accountability Office. Not 
later than 60 days after receipt of such notice and 
agreement, the Comptroller General of the United 
States shall provide to the appropriate congressional 
committees an assessment of the impacts on employ-
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ment by United States air carriers of the establish-
ment of a preclearance facility, the conduct of 
preclearance operations, or the provision of customs 
services outside the United States as proposed under 
the notice and agreement. 
(3) EFFECTIVE DATE.—After providing a notice 
of intent under paragraph (1)(A) with respect to an 
agreement to establish a preclearance facility, con-
duct preclearance operations, or provide customs 
services outside the United States, the Secretary 
may enter into the agreement only after the expira-
tion of the applicable review period. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the Committee on Homeland Security, the 
Committee on Ways and Means, and the Committee 
on Transportation and Infrastructure of the House 
of Representatives; and 
(2) the Committee on Homeland Security and 
Governmental Affairs, the Committee on Finance, 
and the Committee on Commerce, Science, and 
Transportation of the Senate. 
Æ 
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