Preclearance Authorization Act of 2015

Bill: 114-hr-998
Sponsor: Rep. Meehan, Patrick [R-PA-7]
Introduced: 2015-02-13 in the House
Policy area: Foreign Trade and International Finance
Subjects: Aviation and airports
Competitiveness, trade promotion, trade deficits
Criminal justice information and records
Customs enforcement
Department of Homeland Security
Government employee pay, benefits, personnel management
Government studies and investigations
Homeland security
International law and treaties
Terrorism
Transportation safety and security
Travel and tourism
Visas and passports

Summary:
action_date: 2015-02-13
text: 

Preclearance Authorization Act of 2015

 
 Authorizes the Department of Homeland Security (DHS) to establish U.S. Customs and Border Protection (CBP) preclearance operations in a foreign country to:
 
 
prevent terrorists, instruments of terrorism, and other security threats from entering the United States;
 
prevent inadmissible persons from entering the United States;
 
ensure merchandise destined for the United States complies with applicable U.S. customs laws; and
 
ensure the prompt processing of persons eligible to travel to the United States. 
 
 
Conditions the establishment of preclearance operations at an airport in a foreign country under an agreement on the requirements that:
 
 
at least one U.S. passenger carrier operates at the airport; and
 
the access of all U.S. passenger carriers to those preclearance operations is the same as the access of any non-U.S. passenger carrier.
 
 
Directs the CBP to:
 
 
measure monthly the average customs processing time to enter the 25 U.S. airports with the highest volume of international travel;
 
quarterly assess whether the average customs processing time for those airports significantly exceeds the average customs processing time to enter the United States through a preclearance operation; and
 
provide Congress with a remediation plan for reducing that time in the event of an affirmative assessment.
 
 
Directs the Transportation Security Administration (TSA), before commencement of CBP preclearance operations at an airport in a foreign country, to enter into an agreement requiring the country to adopt aviation security screening standards comparable to those of the United States.
 
Requires TSA rescreening in the United States of passengers and their property before they may deplane into sterile areas of U.S. airports if they have come from an airport in a foreign country that has failed to maintain security standards and protocols according to such an agreement. 
Requires TSA rescreening also, before being permitted to board a domestic flight in the United States, of any passenger on a flight originating from a foreign airport with preclearance operations who is a selectee based on a check against a terrorist watch list. 
 Prohibits DHS from entering into or renewing an agreement with a foreign country to establish or maintain CBP preclearance operations at an airport in that country unless it certifies 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
 
makes such information available to the United States through another comparable means of reporting.
 

action_date: 2015-07-27
text: 

Preclearance Authorization Act of 2015

 
 (Sec. 3) Authorizes the Department of Homeland Security (DHS) to establish U.S. Customs and Border Protection (CBP) preclearance operations in a foreign country to:
 
 
prevent terrorists, instruments of terrorism, and other security threats from entering the United States;
 
prevent inadmissible persons from entering the United States;
 
ensure merchandise destined for the United States complies with applicable U.S. customs laws; and
 
ensure the prompt processing of persons eligible to travel to the United States. 

 
(Sec. 4) Directs DHS, at least 180 days before entering into an agreement to establish CBP preclearance operations in a foreign country, to provide Congress with a copy of the proposed agreement as well as other information on CBP preclearance operations.
 
Conditions the establishment of preclearance operations at an airport in a foreign country under an agreement on the requirements that: 
 
 
at least one U.S. passenger carrier operates at the airport; and 
 
the access of all U.S. passenger carriers to those preclearance operations is the same as the access of any non-U.S. passenger carrier.
 
 
Directs the CBP to:
 
 
measure monthly the average customs processing time to enter the 25 U.S. airports with the highest volume of international travel;
 
quarterly assess whether the average customs processing time for those airports significantly exceeds the average customs processing time to enter the United States through a preclearance operation; and
 
provide Congress with a remediation plan for reducing that time in the event of an affirmative assessment.
 
 
(Sec. 5) Directs the Transportation Security Administration (TSA), before commencement of CBP preclearance operations at an airport in a foreign country, to enter into an agreement requiring the country to adopt aviation security screening standards comparable to those of the United States.
 
Requires TSA rescreening in the United States of passengers and their property before they may deplane into sterile areas of U.S. airports if they have come from an airport in a foreign country that has failed to maintain security standards and protocols according to such an agreement. 
Requires TSA rescreening also, before being permitted to board a domestic flight in the United States, of any passenger on a flight originating from a foreign airport with preclearance operations who is a selectee based on a check against a terrorist watch list. 
 (Sec. 6) Prohibits DHS from entering into or renewing an agreement with a foreign country to establish or maintain CBP preclearance operations at an airport in that country unless it certifies 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
 
makes such information available to the United States through another comparable means of reporting.
 

action_date: 2015-12-15
text: 

Preclearance Authorization Act of 2015

 
(Sec. 3) This bill authorizes the Department of Homeland Security (DHS), if there is a valid aviation security preclearance agreement, to establish U.S. Customs and Border Protection (CBP) preclearance operations in a foreign country to:
 
 
prevent terrorists, instruments of terrorism, and other security threats from entering the United States; 
prevent inadmissible persons from entering the United States; 
ensure merchandise destined for the United States complies with applicable U.S. customs laws; and 
ensure the prompt processing of persons eligible to travel to the United States. 
 
 
(Sec. 4) At least 60 days before an agreement to establish CBP preclearance operations in a foreign country becomes valid, DHS shall provide Congress with a copy of the agreement as well as other information on CBP preclearance operations.
 
The establishment of preclearance operations at an airport in a foreign country under an agreement shall be conditioned on the requirements that: 
 
 
at least one U.S. passenger carrier operates at the airport, and 
the access of all U.S. passenger carriers to those preclearance operations is the same as the access of any non-U.S. passenger carrier. 
 
 
The CBP shall report quarterly to Congress on:
 
 
the number of CBP officers assigned from U.S. ports of entry to preclearance operations; and 
the number of positions at U.S. ports of entry vacated by CBP officers that have been filled by other hired, trained, and equipped CBP officers. 
 
 
At least 60 days after a determination that CBP processing times have significantly increased at U.S. ports of entry from which CBP officers were reassigned to preclearance operations, if the vacated positions have not been filled, the CBP shall submit to Congress an implementation plan for reducing processing times at such U.S. ports.
 
(Sec. 5) The Transportation Security Administration shall rescreen in the United States passengers and their property before they are permitted into sterile areas of U.S. airports if they have come from an airport in a foreign country that has failed to maintain security and protocols comparable to those of the United States. 
 
(Sec. 6) DHS may not enter into an agreement with a foreign country to establish or maintain CBP preclearance operations at an airport in that country unless it certifies that the foreign government: 
 
 
routinely submits information about lost and stolen passports of its citizens and nationals to INTERPOL's Stolen and Lost Travel Document database, or 
makes such information available to the United States through another comparable means of reporting. 
 
 
(Sec. 7) The CBP may enter into cost-sharing agreements with airports in foreign countries where preclearance operations have been established if:
 
 
an executive agreement establishing such operations has been signed but not yet entered into force; and 
CBP has incurred, or expects to incur, initial preclearance operations costs. 
 
 
(Sec. 8) The Immigration and Nationality Act is amended to authorize the Department of Justice to receive in advance reimbursement for the costs of immigration inspection services provided at an airport.
 
The Farm Security and Rural Investment Act of 2002 is amended similarly to authorize the Department of Agriculture to collect in advance the costs for preclearance operations with respect to animals or articles entering into the United States.
 
(Sec. 9) Except for sections 5, 7, and 8, this bill shall only apply 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 bill.


Legislative actions:
action_date: 2015-12-15
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 324.
action_date: 2015-12-15
text: Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with an amendment in the nature of a substitute. With written report No. 114-180.
action_date: 2015-12-15
text: Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with an amendment in the nature of a substitute. With written report No. 114-180.
action_date: 2015-10-07
text: Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2015-07-28
text: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
action_date: 2015-07-27
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2015-07-27
text: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5495-5496)
action_date: 2015-07-27
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H5495-5496)
action_date: 2015-07-27
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 998.
action_date: 2015-07-27
text: Considered under suspension of the rules. (consideration: CR H5495-5497)
action_date: 2015-07-27
text: Mrs. Miller (MI) moved to suspend the rules and pass the bill, as amended.
action_date: 2015-07-22
text: Placed on the Union Calendar, Calendar No. 165.
action_date: 2015-07-22
text: Committee on Ways and Means discharged.
action_date: 2015-07-22
text: Committee on Ways and Means discharged.
action_date: 2015-07-22
text: Reported (Amended) by the Committee on Homeland Security. H. Rept. 114-219, Part I.
action_date: 2015-07-22
text: Reported (Amended) by the Committee on Homeland Security. H. Rept. 114-219, Part I.
action_date: 2015-06-25
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2015-06-25
text: Committee Consideration and Mark-up Session Held.
action_date: 2015-03-27
text: Referred to the Subcommittee on Trade.
action_date: 2015-03-12
text: Referred to the Subcommittee on Border and Maritime Security.
action_date: 2015-03-12
text: Referred to the Subcommittee on Transportation Security.
action_date: 2015-02-13
text: Referred to the Committee on Homeland Security, and in addition to the Committee 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.
action_date: 2015-02-13
text: Referred to the Committee on Homeland Security, and in addition to the Committee 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.
action_date: 2015-02-13
text: Referred to the Committee on Homeland Security, and in addition to the Committee 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.
action_date: 2015-02-13
text: Introduced in House
action_date: 2015-02-13
text: Introduced in House