[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3488 Engrossed in House (EH)]

113th CONGRESS
  2d Session
                                H. R. 3488

_______________________________________________________________________

                                 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 purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preclearance Authorization Act of 
2014''.

SEC. 2. DEFINITION.

    In this Act, the term ``appropriate congressional committees'' 
means the Committee on Homeland Security and the Committee on Ways and 
Means of the House of Representatives 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 Protection 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 eligible to 
        travel to the United States; and
            (5) accomplish such other objectives as the Secretary 
        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 foreign country to establish U.S. 
Customs and Border Protection 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 establish such 
        preclearance operations, including an identification 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. Customs 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.
            (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 staffing.
            (7) Information on potential economic, competitive, and job 
        impacts on United States air carriers associated with 
        establishing such preclearance operations.
            (8) Information on the anticipated homeland security 
        benefits associated with establishing such preclearance 
        operations.
            (9) Information on potential security vulnerabilities 
        associated with commencing such preclearance operations, and 
        mitigation plans to address 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.
            (11) Information on the anticipated costs over the next 
        five fiscal years associated with commencing such preclearance 
        operations.
            (12) A copy of the agreement referred to in subsection (a) 
        of section 5.
            (13) Other factors that the Secretary of Homeland Security 
        determines to be necessary for Congress 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 entering 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 country, 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 passenger 
                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 Homeland 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 operations in such foreign 
        country.
            (6) A certification that representatives from U.S. Customs 
        and Border Protection consulted publically with interested 
        parties, including providers of commercial air service in the 
        United States, employees of such providers, security experts, 
        and such other parties as the Secretary determines to be 
        appropriate, before entering into such an agreement with such 
        foreign government.
            (7) A report detailing the basis for the certifications 
        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 measure 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 measurements.
            (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 prclearance operation.
            (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 paragraph (2), the 
        Commissioner shall, not later than 60 days after making such 
        determination, provide to the appropriate congressional 
        committees a remediation plan for reducing such average customs 
        processing 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 
        remediation plan is submitted, conduct any negotiations 
        relating to preclearance operations at an airport 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 pursuant 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 Administrator 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 determined 
by the Administrator to be comparable to those of the United States.
    (b) Aviation Security Rescreening.--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 accordance with an 
agreement entered into pursuant to subsection (a), the Administrator 
shall require the rescreening in the United States by the 
Transportation Security Administration 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 airport at which preclearance operations 
have been established in accordance with an agreement entered into 
pursuant to subsection (a), shall be required to undergo security 
rescreening by the Transportation Security Administration 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 foreign country to establish or 
maintain U.S. Customs and Border Protection preclearance operations at 
an airport in such foreign country unless such government certifies--
            (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 Government such 
        information through another comparable 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.

            Passed the House of Representatives July 8, 2014.

            Attest:

                                                                 Clerk.
113th CONGRESS

  2d Session

                               H. R. 3488

_______________________________________________________________________

                                 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 purposes.