[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3488 Referred in Senate (RFS)]
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 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:
KAREN L. HAAS,
Clerk.