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

113th CONGRESS
  1st Session
                                H. R. 3488

   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.


_______________________________________________________________________


                    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.

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

SECTION 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.
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