II 
Calendar No. 324 
114TH CONGRESS 
1ST SESSION 
H. R. 998 
[Report No. 114–180] 
IN THE SENATE OF THE UNITED STATES 
JULY 28, 2015 
Received; read twice and referred to the Committee on Homeland Security and 
Governmental Affairs 
DECEMBER 15, 2015 
Reported by Mr. JOHNSON, with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
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 2015’’. 
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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. 
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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, 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. 
(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. 
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(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— 
(A) at least one United States passenger 
carrier operates at such airport; and 
(B) the access of all United States pas-
senger carriers to such preclearance operations 
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is the same as the access of any non-United 
States passenger 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 pub-
lically with interested parties, including providers of 
commercial air service in the United States, employ-
ees of such providers, security experts, and such 
other parties as the Secretary determines to be ap-
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). 
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(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 preclearance operation. 
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(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-
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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 
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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— 
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(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. 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Preclearance Authoriza-
tion Act of 2015’’. 
SEC. 2. DEFINITION. 
In this Act: 
(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means— 
(A) the Committee on Homeland Security 
and Governmental Affairs of the Senate; 
(B) the Committee on Finance of the Sen-
ate; 
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(C) the Committee on Commerce, Science, 
and Transportation of the Senate; 
(D) the Committee on Appropriations of the 
Senate; 
(E) the Committee on Homeland Security 
of the House of Representatives; 
(F) the Committee on Ways and Means of 
the House of Representatives; and 
(G) the Committee on Appropriations of the 
House of Representatives. 
(2) CBP.—The term ‘‘CBP’’ means U.S. Cus-
toms and Border Protection. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
SEC. 3. ESTABLISHMENT OF PRECLEARANCE OPERATIONS. 
Pursuant to section 629 of the Tariff Act of 1930 (19 
U.S.C. 1629) and section 103(a)(7) of the Immigration and 
Nationality Act (8 U.S.C. 1103(a)(7)), and provided that 
an aviation security preclearance agreement (as defined in 
section 44901(d)(4)(B) of title 49, United States Code) is 
in effect, the Secretary may establish and maintain U.S. 
Customs and Border Protection preclearance operations in 
a foreign country— 
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(1) to prevent terrorists, instruments of ter-
rorism, and other security threats from entering the 
United States; 
(2) to prevent inadmissible persons from enter-
ing the United States; 
(3) to ensure that merchandise destined for the 
United States complies with applicable laws; 
(4) to ensure the prompt processing of persons el-
igible to travel to the United States; and 
(5) to accomplish such other objectives as the 
Secretary determines are necessary to protect the 
United States. 
SEC. 4. NOTIFICATION AND CERTIFICATION TO CONGRESS. 
(a) INITIAL NOTIFICATION.—Not later than 60 days 
before an agreement is entered into force with the govern-
ment of a foreign country to establish U.S. Customs and 
Border Protection preclearance operations in such foreign 
country, the Secretary shall provide the appropriate con-
gressional committees with— 
(1) a copy of the agreement to establish such 
preclearance operations, which shall include— 
(A) the identification of the foreign country 
with which U.S. Customs and Border Protection 
intends to enter into a preclearance agreement; 
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(B) the location at which such preclearance 
operations will be conducted; and 
(C) the terms and conditions for U.S. Cus-
toms and Border Protection personnel operating 
at the location; 
(2) 
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; 
(3) 
an 
assessment 
of 
the 
impacts 
such 
preclearance operations will have on U.S. Customs 
and Border Protection domestic port of entry staffing; 
(4) country-specific information on the antici-
pated homeland security benefits associated with es-
tablishing such preclearance operations; 
(5) 
information 
on 
potential 
security 
vulnerabilities associated with commencing such 
preclearance operations and mitigation plans to ad-
dress such potential security vulnerabilities; 
(6) a U.S. Customs and Border Protection staff-
ing model for such preclearance operations and plans 
for how such positions would be filled; and 
(7) information on the anticipated costs over the 
next 5 fiscal years associated with commencing such 
preclearance operations. 
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(b) 
FURTHER
NOTIFICATION
RELATING
TO 
PRECLEARANCE
OPERATIONS
ESTABLISHED
AT
AIR-
PORTS.—Not later than 45 days before an agreement is en-
tered into force with the government of a foreign country 
to 
establish 
U.S. 
Customs 
and 
Border 
Protection 
preclearance operations at an airport in such country, the 
Secretary, in addition to complying with the notification 
requirements under subsection (a), shall provide the appro-
priate congressional committees with— 
(1) an estimate of the date on which U.S. Cus-
toms and Border Protection intends to establish 
preclearance operations under such agreement, in-
cluding any pending caveats that must be resolved be-
fore preclearance operations are approved; 
(2) 
the 
anticipated 
funding 
sources 
for 
preclearance operations under such agreement, and 
other funding sources considered; 
(3) a homeland security threat assessment for the 
country in which such preclearance operations are to 
be established; 
(4) information on potential economic, competi-
tive, and job impacts on United States air carriers 
associated with establishing such preclearance oper-
ations; 
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(5) details on information sharing mechanisms 
to ensure that U.S. Customs and Border Protection 
has current information to prevent terrorist and 
criminal travel; and 
(6) other factors that the Secretary determines to 
be necessary for Congress to comprehensively assess 
the appropriateness of commencing such preclearance 
operations. 
(c) CERTIFICATIONS RELATING
TO PRECLEARANCE 
OPERATIONS ESTABLISHED AT AIRPORTS.—Not later than 
60 days before an agreement is entered into force with the 
government of a foreign country to establish U.S. Customs 
and Border Protection preclearance operations at an air-
port in such country, the Secretary, in addition to com-
plying with the notification requirements under subsections 
(a) and (b), shall provide the appropriate congressional 
committees with— 
(1) a certification that preclearance operations 
under such preclearance agreement, after considering 
alternative options, would provide homeland security 
benefits to the United States through the most effective 
means possible; 
(2) a certification that preclearance operations 
within such foreign country will be established under 
such agreement only if— 
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(A) at least 1 United States passenger car-
rier operates at such airport; and 
(B) any United States passenger carriers 
operating at such airport and desiring to par-
ticipate in preclearance operations are provided 
access that is comparable to that of any non- 
United States passenger carrier operating at 
that airport; 
(3) a certification that the establishment of 
preclearance operations in such foreign country will 
not significantly increase customs processing times at 
United States airports; 
(4) a certification that representatives from U.S. 
Customs and Border Protection consulted with stake-
holders, including providers of commercial air service 
in the United States, employees of such providers, se-
curity experts, and such other parties as the Secretary 
determines to be appropriate; and 
(5) a report detailing the basis for the certifi-
cations referred to in paragraphs (1) through (4). 
(d) AMENDMENT
OF EXISTING AGREEMENTS.—Not 
later than 30 days before a substantially amended 
preclearance agreement is entered into force with the gov-
ernment of a foreign country in effect as of the date of the 
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enactment of this Act, the Secretary shall provide to the 
appropriate congressional committees— 
(1) a copy of the agreement, as amended; and 
(2) the justification for such amendment. 
(e) IMPLEMENTATION PLAN.— 
(1) IN
GENERAL.—The Commissioner of U.S. 
Customs and Border Protection shall report to the ap-
propriate congressional committees, on a quarterly 
basis— 
(A) the number of Customs and Border Pro-
tection Officers, by port, assigned from domestic 
ports of entry to preclearance operations; and 
(B) the number of the positions described in 
subparagraph (A) that have been filled by an-
other hired, trained, and equipped Customs and 
Border Protection Officer. 
(2) SUBMISSION.—If the Commissioner has not 
filled the positions of Customs and Border Protection 
Officers that were reassigned to preclearance oper-
ations and determines that Customs and Border Pro-
tection processing times at domestic ports of entry 
from which Customs and Border Protection Officers 
were reassigned to preclearance operations has sig-
nificantly increased, the Commissioner, not later than 
60 days after making such a determination, shall sub-
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mit, to the appropriate congressional committees, an 
implementation plan for reducing Customs and Bor-
der Protection processing times at the domestic ports 
of entry with such increased Customs and Border 
Protection processing times. 
(3) SUSPENSION.—If the Commissioner does not 
submit the implementation plan described in para-
graph (2) to the appropriate congressional committees 
before the deadline set forth in such paragraph, the 
Commissioner may not commence preclearance oper-
ations at an additional port of entry in any country 
until such implementation plan is submitted. 
(f) CLASSIFIED REPORT.—The report required under 
subsection (c)(5) may be submitted in classified form if the 
Secretary determines that such form is appropriate. 
SEC. 5. PROTOCOLS. 
Section 44901(d)(4) of title 49, United States Code, 
is amended by adding at the end the following: 
‘‘(D) RESCREENING REQUIREMENT.—If the 
Administrator of the Transportation Security 
Administration determines that the government 
of a foreign country has not maintained security 
standards and protocols comparable to those of 
the 
United 
States 
at 
airports 
at 
which 
preclearance operations have been established in 
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accordance with this paragraph, the Adminis-
trator shall ensure that Transportation Security 
Administration personnel rescreen passengers ar-
riving from such airports and their property in 
the United States before such passengers are per-
mitted into sterile areas of airports in the 
United States.’’. 
SEC. 6. LOST AND STOLEN PASSPORTS. 
The Secretary may not enter into an agreement with 
the government of a foreign country to establish or main-
tain U.S. Customs and Border Protection preclearance op-
erations at an airport in such country unless the Secretary 
certifies to the appropriate congressional committees that 
such government— 
(1) 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 such information available to the 
United States Government through another com-
parable means of reporting. 
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SEC. 7. RECOVERY OF INITIAL U.S. CUSTOMS AND BORDER 
PROTECTION PRECLEARANCE OPERATIONS 
COSTS. 
(a) COST SHARING AGREEMENTS WITH RELEVANT 
AIRPORT AUTHORITIES.—The Commissioner of U.S. Cus-
toms and Border Protection may enter into a cost sharing 
agreement with airport authorities in foreign countries at 
which preclearance operations are to be established or 
maintained if— 
(1) an executive agreement to establish or main-
tain such preclearance operations pursuant to the au-
thorities under section 629 of the Tariff Act of 1930 
(19 U.S.C. 1629) and section 103(a)(7) of the Immi-
gration and Nationality Act (8 U.S.C. 1103(a)(7)) 
has been signed, but has not yet entered into force; 
and 
(2) U.S. Customs and Border Protection has in-
curred, or expects to incur, initial preclearance oper-
ations costs in order to establish or maintain 
preclearance operations under the agreement described 
in paragraph (1). 
(b) CONTENTS OF COST SHARING AGREEMENTS.— 
(1) 
IN
GENERAL.—Notwithstanding 
section 
13031(e) of the Consolidated Omnibus Budget Rec-
onciliation Act of 1985 (19 U.S.C. 58c(e)) and section 
286(g) of the Immigration and Nationality Act (8 
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U.S.C. 1356(g)), any cost sharing agreement author-
ized under subsection (a) may provide for the airport 
authority’s payment to U.S. Customs and Border 
Protection of its initial preclearance operations costs. 
(2) 
TIMING
OF
PAYMENTS.—The 
airport 
authority’s payment to U.S. Customs and Border 
Protection for its initial preclearance operations costs 
may be made in advance of the incurrence of the costs 
or on a reimbursable basis. 
(c) ACCOUNT.— 
(1) IN GENERAL.—All amounts collected pursu-
ant to any cost sharing agreement authorized under 
subsection (a)— 
(A) shall be credited as offsetting collections 
to the currently applicable appropriation, ac-
count, or fund of U.S. Customs and Border Pro-
tection; 
(B) shall remain available, until expended, 
for the purposes for which such appropriation, 
account, or fund is authorized to be used; and 
(C) may be collected and shall be available 
only to the extent provided in appropriations 
Acts. 
(2) RETURN OF UNUSED FUNDS.—Any advances 
or reimbursements not used by U.S. Customs and 
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Border Protection may be returned to the relevant 
airport authority. 
(3) RULE OF CONSTRUCTION.—Nothing in this 
subsection may be construed to preclude the use of ap-
propriated funds, from sources other than the pay-
ments collected under this Act, to pay initial 
preclearance operation costs. 
(d) DEFINED TERM.— 
(1) IN GENERAL.—In this section, the term ‘‘ini-
tial preclearance operations costs’’ means the costs in-
curred, or expected to be incurred, by U.S. Customs 
and Border Protection to establish or maintain 
preclearance operations at an airport in a foreign 
country, including costs relating to— 
(A) hiring, training, and equipping new 
CBP officers who will be stationed at United 
States domestic ports of entry or other CBP fa-
cilities to backfill CBP officers to be stationed at 
an airport in a foreign country to conduct 
preclearance operations; and 
(B) visits to the airport authority conducted 
by CBP personnel necessary to prepare for the 
establishment or maintenance of preclearance op-
erations at such airport, including the com-
pensation, travel expenses, and allowances pay-
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able to such CBP personnel attributable to such 
visits. 
(2) EXCEPTION.—The costs described in para-
graph (1)(A) shall not include the salaries and bene-
fits of new CBP officers once such officers are perma-
nently stationed at a domestic United States port of 
entry or other domestic CBP facility after being 
hired, trained, and equipped. 
(e) RULE OF CONSTRUCTION.—Except as otherwise 
provided in this section, nothing in this section may be con-
strued as affecting the responsibilities, duties, or authorities 
of U.S. Customs and Border Protection. 
SEC. 8. COLLECTION AND DISPOSITION OF FUNDS COL-
LECTED 
FOR 
IMMIGRATION 
INSPECTION 
SERVICES AND PRECLEARANCE ACTIVITIES. 
(a) IMMIGRATION
AND NATIONALITY ACT.—Section 
286(i) of the Immigration and Nationality Act (8 U.S.C. 
1356(i)) is amended by striking the last sentence and insert-
ing the following: ‘‘Reimbursements under this subsection 
may be collected in advance of the provision of such immi-
gration inspection services. Notwithstanding subparagraph 
(h)(1)(B), and only to the extent provided in appropria-
tions Acts, any amounts collected under this subsection shall 
be credited as offsetting collections to the currently applica-
ble appropriation, account, or fund of U.S. Customs and 
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Border Protection, remain available until expended, and be 
available for the purposes for which such appropriation, ac-
count, or fund is authorized to be used.’’. 
(b) FARM SECURITY AND RURAL INVESTMENT ACT OF 
2002.—Section 10412(b) of the Farm Security and Rural 
Investment Act of 2002 (7 U.S.C. 8311(b)) is amended to 
read as follows: 
‘‘(b) FUNDS COLLECTED FOR PRECLEARANCE.—Funds 
collected for preclearance activities— 
‘‘(1) may be collected in advance of the provision 
of such activities; 
‘‘(2) shall be credited as offsetting collections to 
the currently applicable appropriation, account, or 
fund of U.S. Customs and Border Protection; 
‘‘(3) shall remain available until expended; 
‘‘(4) shall be available for the purposes for which 
such appropriation, account, or fund is authorized to 
be used; and 
‘‘(5) may be collected and shall be available only 
to the extent provided in appropriations Acts.’’. 
SEC. 
9. 
APPLICATION 
TO 
NEW 
AND 
EXISTING 
PRECLEARANCE OPERATIONS. 
Except for sections 4(d), 5, 7, and 8, this Act shall 
only apply to the establishment of preclearance operations 
in a foreign country in which no preclearance operations 
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have been established as of the date of the enactment of this 
Act. 
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Calendar No. 324 
114TH CONGRESS 
1ST SESSION 
H. R. 998 
[Report No. 114–180] 
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. 
DECEMBER 15, 2015 
Reported with an amendment 
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