I 113th CONGRESS 1st Session H. R. 3488 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 Georgia , 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. Pallone , Mr. Pascrell , Mr. Peters of Michigan , Mr. Rangel , Mr. Renacci , Mr. Rogers of Alabama , Mr. Scalise , Ms. Titus , Mr. Westmoreland , Ms. Wilson of Florida , Mr. Fitzpatrick , Mr. Southerland , Mr. Rahall , Mr. Bucshon , Mr. Larsen of Washington , Mr. George Miller of California , Mr. Huizenga of Michigan , Mr. Courtney , Mr. Sessions , Mr. Lewis , Ms. Eddie Bernice Johnson 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 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 A BILL 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.

1. Authority to establish preclearance facilities, conduct preclearance operations, and provide customs services outside the United States (a) Authority (1) In general Notwithstanding any other provision of law and only in accordance with the provisions 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 enactment of this Act, establish a preclearance facility, conduct preclearance operations, or provide customs services outside the United States to prevent terrorists, terrorist instruments, and other national security 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 provided outside the United States prior to the date of the enactment of this Act. Any preclearance facility located, preclearance operations conducted, or customs services provided at Abu Dhabi International 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, operations, 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 establish a pre­clear­ance facility, conduct pre­clear­ance operations, or provide customs services outside the United States, the Secretary shall provide to the appropriate congressional committees a notice of intent to establish such facility, conduct such operations, or provide such services. Such notice shall include— (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, conducting such operations, or providing such services, including the network effects, impact on global traffic flows, impacts on relevant alliance partnerships or joint ventures of such air carriers, and any associated 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, conducting 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 establishing such facility, conducting such operations, or providing such services; and (v) such other factors as the Secretary determines to be relevant and necessary for the appropriate congressional committees to adequately review the necessity of establishing such facility, conducting such operations, or providing such services. (B) Consultation In making the assessments 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 provided under paragraph (1)(A), together with the agreement under paragraph (1)(C) which is the subject of the notice of intent, shall be provided concurrently 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 employment by United States air carriers of the establishment 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, conduct preclearance operations, or provide customs services outside the United States, the Secretary may enter into the agreement only after the expiration of the applicable review period. (c) Appropriate congressional committees defined In this section, the term appropriate congressional 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.