IIB 
113TH CONGRESS 
2D SESSION 
H. R. 3488 
IN THE SENATE OF THE UNITED STATES 
JULY 9, 2014 
Received; read twice and referred to the Committee on Homeland Security and 
Governmental Affairs 
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, 
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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 
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(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 
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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. 
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(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— 
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(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 
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-
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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 
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