I 
117TH CONGRESS 
1ST SESSION H. R. 4998 
To direct the Secretary of Homeland Security and heads of related agencies 
to construct and staff passenger rail preclearance facilities in the United 
States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 10, 2021 
Mr. HIGGINS of New York introduced the following bill; which was referred 
to the Committee on Homeland Security, and in addition to the Commit-
tees on Ways and Means, and Transportation and Infrastructure, 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 
A BILL 
To direct the Secretary of Homeland Security and heads 
of related agencies to construct and staff passenger rail 
preclearance facilities in the United States, and for other 
purposes. 
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 ‘‘Passenger Rail Pre-
clearance Implementation Act of 2021’’. 
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SEC. 2. REPORT TO CONGRESS. 
Not later than 6 months after the date of enactment 
of this Act, the Secretary of Homeland Security, in con-
sultation with the Administrator of the Transportation Se-
curity Administration, the Secretary of Transportation, 
heads of other appropriate Federal departments and agen-
cies, and Amtrak shall transmit a report to Congress that 
contains— 
(1) a description of the system for screening 
passengers and baggage on passenger rail service be-
tween the United States and Canada; 
(2) an update on the progress of the United 
States and Canada in implementing preclearance, as 
defined in the Agreement on Land, Rail, Marine, 
and Air Transport Preclearance Between the Gov-
ernment of the United States of America and the 
Government of Canada signed at Washington, DC, 
on March 16, 2015 (hereinafter referred to as the 
‘‘2015 LRMA Treaty’’), for passenger rail travel; 
(3) a description of any legislative, regulatory, 
budgetary, or policy barriers within the Federal Gov-
ernment to providing preclearance for travelers at 
rail stations and other transportation facilities with-
in the United States; 
(4) a description of the physical, logistical, and 
budgetary barriers within the United States to con-
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structing preclearance facilities and preclearance 
areas at transportation facilities as defined in the 
2015 LRMA Treaty; and 
(5) a draft text of any changes in Federal law 
or regulation, including budgetary sums necessary, 
necessary to provide for end-to-end preclearance for 
passenger rail travel between the United States and 
Canada. 
SEC. 3. ESTABLISHMENT OF RAIL PRECLEARANCE NEGO-
TIATIONS. 
(a) PRECLEARANCE OFFICERS.—Pursuant to section 
629(a) of the Tariff Act of 1930 (19 U.S.C. 1629(a)), the 
Secretary of Homeland Security shall seek permission 
from the Government of Canada to station preclearance 
officers at transportation facilities at the point of origina-
tion of transportation between Canada and the United 
States for the purpose of passenger rail preclearance in-
spections. 
(b) FOREIGN CUSTOMS OFFICERS.—Pursuant to sec-
tion 629(e) of the Tariff Act of 1930 (19 U.S.C. 1629(e)), 
the Secretary of State, Secretary of Homeland Security, 
and Secretary of Agriculture, shall invite foreign customs 
officers from Canada to the United States for the pur-
poses of passenger rail preclearance to rail stations and 
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transportation facilities in the United States that are iden-
tified in section 4(a). 
SEC. 4. ESTABLISHMENT OF PRECLEARANCE FACILITIES. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity, the Secretary of Transportation, Amtrak, and the 
heads of other relevant agencies shall, in consultation with 
the Government of Canada, identify all rail stations and 
transportation facilities in the United States and Canada 
necessary to carry out passenger rail preclearance oper-
ations. 
(b) COST-SHARING AGREEMENTS.—The Secretary of 
Transportation and the Secretary of Homeland Security 
may enter into cost-sharing agreements with other Federal 
departments and agencies, State and local authorities, and 
the Government of Canada to make necessary infrastruc-
ture upgrades and staffing requirements at rail stations 
and transportation facilities in the United States and Can-
ada identified in subsection (a) to carry out passenger rail 
preclearance operations. 
(c) FUNDING.— 
(1) IN GENERAL.—The Secretary of Transpor-
tation may expend $10,000,000 of the amounts 
made available to carry out section 22907 of title 
49, United States Code, for the establishment and 
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implementation of agreements to facilitate rail 
preclearance pursuant to this Act. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
Section 22906 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(6) For fiscal years 2022 through 2026, 
$650,000,000.’’. 
Æ 
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