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19 U.S.C. § 4451 — Application to new and existing preclearance operations
Federal law — U.S. Code and appendices · legal_authorities
Except for sections 814(d) [[19 U.S.C. 4433(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4433/d&num=0&edition=prelim)], 815, 817 [[19 U.S.C. 4435](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4435&num=0&edition=prelim)], and 818, this subchapter shall only apply to the establishment of preclearance operations in a foreign country in which no preclearance operations have been established as of February 24, 2016.
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Stable record: federal_law:legal_authorities:record_usc_97f2aa8739e940df7bde0ab0
Source file: Laws/federal/codes/united-states-code/title-19/section-4451-application-to-new-and-existing-preclearance-operations--db2f1d18fe.md
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Source location: Title 19, Chapter 28, § 4451; chapter-028-trade-facilitation-and-trade-enforcement.md
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Except for sections 814(d) [[19 U.S.C. 4433(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4433/d&num=0&edition=prelim)], 815, 817 [[19 U.S.C. 4435](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4435&num=0&edition=prelim)], and 818, this subchapter shall only apply to the establishment of preclearance operations in a foreign country in which no preclearance operations have been established as of February 24, 2016.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Administrator of the Transportation Security Administration shall provide for the screening of all passengers and property, including United States mail, cargo, carry-on and checked baggage, and other articles, that will be carried aboard a passenger aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation. In the case of flights and flight segments originating in the United States, the screening shall take place before boarding and shall be carried out by a Federal Government employee (as defined in [section 2105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105&num=0&edition=prelim)), except as otherwise provided in section 44920 and except for identifying passengers and baggage for screening under the CAPPS and known shipper programs and conducting positive bag-match programs.
**(b) Supervision of Screening.—** All screening of passengers and property at airports in the United States where screening is required under this section shall be supervised by uniformed Federal personnel of the Transportation Security Administration who shall have the power to order the dismissal of any individual performing such screening.
**(c) Checked Baggage.—** A system must be in operation to screen all checked baggage at all airports in the United States as soon as practicable.
**(d) Explosives Detection Systems.—**
(1) **In general.—** — The Administrator of the Transportation Security Administration shall take all necessary action to ensure that—
(A) explosives detection systems are deployed as soon as possible to ensure that all United States airports described in section 44903(c) have sufficient explosives detection systems to screen all checked baggag
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 44901
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority to enter into agreements** The Secretary may enter into reimbursable fee agreements with persons for preclearance of animals or articles at locations outside the United States for movement into the United States.
**(b) Funds collected for preclearance** Funds collected for preclearance activities—
(1) may be collected in advance of the provision of such activities;
(2) shall be credited as offsetting collections to the currently applicable appropriation, account, or fund of U.S. Customs and Border Protection;
(3) shall remain available until expended;
(4) shall be available for the purposes for which such appropriation, account, or fund is authorized to be used; and
(5) may be collected and shall be available only to the extent provided in appropriations Acts.
**(c) Payment of employees**
(1) **In general** — Notwithstanding any other law, the Secretary may pay an officer or employee of the Department of Agriculture performing services under this chapter relating to imports into and exports from the United States for all overtime, night, or holiday work performed by the officer or employee at a rate of pay determined by the Secretary.
(2) **Reimbursement**
(A) *In general* — The Secretary may require a person for whom the services are performed to reimburse the Secretary for any expenses paid by the Secretary for the services under this subsection.
(B) *Use of funds* — All funds collected under this subsection shall—
(i) be credited to the account that incurs the costs; and
(ii) remain available until expended, without fiscal year limitation.
**(d) Late payment penalties**
(1) **Collection** — On failure by a person to reimburse the Secretary in accordance with this section, the Secretary may assess a late payment penalty again
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8311
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Detention, transportation, hospitalization, and all other expenses of detained aliens; expenses of landing stations** All moneys paid into the Treasury to reimburse the Service for detention, transportation, hospitalization, and all other expenses of detained aliens paid from the appropriation for the enforcement of this chapter, and all moneys paid into the Treasury to reimburse the Service for expenses of landing stations referred to in [section 1223(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1223/b&num=0&edition=prelim) paid by the Service from the appropriation for the enforcement of this chapter, shall be credited to the appropriation for the enforcement of this chapter for the fiscal year in which the expenses were incurred.
**(b) Purchase of evidence** Moneys expended from appropriations for the Service for the purchase of evidence and subsequently recovered shall be reimbursed to the current appropriation for the Service.
**(c) Fees and administrative fines and penalties; exception** Except as otherwise provided in subsection (a) and subsection (b), or in any other provision of this subchapter, all moneys received in payment of fees and administrative fines and penalties under this subchapter shall be covered into the Treasury as miscellaneous receipts: Provided, however, That all fees received from applicants residing in the Virgin Islands of the United States, and in Guam, required to be paid under [section 1351 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1351&num=0&edition=prelim), shall be paid over to the Treasury of the Virgin Islands and to the Treasury of Guam, respectively.
**(d) Schedule of fees** In addition to any other fee authorized by law, the
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1356
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary may not enter into 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 country unless the Secretary certifies to the appropriate congressional committees that such government—
(1) 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 such information available to the United States Government through another comparable means of reporting.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 4435
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** Congress makes the following findings:
(1) Nepal is among the least developed countries in the world, with a per capita gross national income of $730 in 2014.
(2) Nepal suffered a devastating earthquake in April 2015, with subsequent aftershocks. More than 9,000 people died and approximately 23,000 people were injured.
**(b) Eligibility requirements**
(1) **In general** — The President may authorize the provision of preferential treatment under this section to articles that are imported directly from Nepal into the customs territory of the United States pursuant to subsection (c) if the President determines—
(A) that Nepal meets the requirements set forth in paragraphs (1), (2), and (3) of section 3703(a) 11 See References in Text note below. of this title; and
(B) after taking into account the factors set forth in paragraphs (1) through (7) of subsection (c) of section 502 of the Trade Act of 1974 ([19 U.S.C. 2462](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2462&num=0&edition=prelim)), that Nepal meets the eligibility requirements of such section 502.
(2) **Withdrawal, suspension, or limitation of preferential treatment; mandatory graduation** — The provisions of subsections (d) and (e) of section 502 of the Trade Act of 1974 ([19 U.S.C. 2462](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2462&num=0&edition=prelim)) shall apply with respect to Nepal to the same extent and in the same manner as such provisions apply with respect to beneficiary developing countries under title V of that Act ([19 U.S.C. 2461](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2461&num=0&edition=prelim) et seq.).
**(c) Eligible articles**
(1) **In general** — An article des
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 4301
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter, the following definitions apply:
(1) Each of the terms “American homeland” and “homeland” means the United States.
(2) The term “appropriate congressional committee” means any committee of the House of Representatives or the Senate having legislative or oversight jurisdiction under the Rules of the House of Representatives or the Senate, respectively, over the matter concerned.
(3) The term “assets” includes contracts, facilities, property, records, unobligated or unexpended balances of appropriations, and other funds or resources (other than personnel).
(4) The term “critical infrastructure” has the meaning given that term in [section 5195c(e) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5195c/e&num=0&edition=prelim).
(5) The term “Department” means the Department of Homeland Security.
(6) The term “emergency response providers” includes Federal, State, and local governmental and nongovernmental emergency public safety, fire, law enforcement, emergency response, emergency medical (including hospital emergency facilities), and related personnel, agencies, and authorities.
(7) The term “EMP” means an electromagnetic pulse caused by a nuclear device or nonnuclear device, including such a pulse caused by an act of terrorism.
(8) The term “executive agency” means an executive agency and a military department, as defined, respectively, in sections 105 and 102 of title 5.
(9) The term “functions” includes authorities, powers, rights, privileges, immunities, programs, projects, activities, duties, and responsibilities.
(10) The term “GMD” means a geomagnetic disturbance caused by a solar storm or another naturally occurring phenomenon.
(11) The term “intelligence component of the Department” means any elem
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 111
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Federal law — U.S. Code and appendices · legal_authorities
Pursuant to [section 1629 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1629&num=0&edition=prelim) and [section 1103(a)(7) of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1103/a/7&num=0&edition=prelim), and provided that an aviation security preclearance agreement (as defined in section 44901(d)(4)(B) 11 See References in Text note below. of title 49) is in effect, the Secretary may establish and maintain U.S. Customs and Border Protection preclearance operations in a foreign country—
(1) to prevent terrorists, instruments of terrorism, and other security threats from entering the United States;
(2) to prevent inadmissible persons from entering the United States;
(3) to ensure that merchandise destined for the United States complies with applicable laws;
(4) to ensure the prompt processing of persons eligible to travel to the United States; and
(5) to accomplish such other objectives as the Secretary determines are necessary to protect the United States.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 4433
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Federal law — U.S. Code and appendices · legal_authorities
Page 1117
TITLE 19—CUSTOMS DUTIES
§ 4433
(Pub. L. 114–125, title VIII, § 813, Feb. 24, 2016, 130
Stat. 217.)
Editorial Notes
REFERENCES IN TEXT
Section 44901(d)(4)(B) of title 49, referred to in text,
was redesignated section 44901(d)(2)(B) of title 49 by
Pub. L. 115–254, div. K, title I, § 1991(d)(1)(C)(iii), Oct. 5,
2018, 132 Stat. 3628.
§ 4433. Notification and certification to Congress
(a) Initial notification
Not later than 60 days before an agreement
with the government of a foreign country to es-
tablish U.S. Customs and Border Protection
preclearance operations in such foreign country
enters into force, the Secretary shall provide
the
appropriate
congressional
committees
with—
(1) a copy of the agreement to establish such
preclearance operations, which shall include—
(A) the identification of the foreign coun-
try with which U.S. Customs and Border
Protection
intends
to
enter
into
a
preclearance agreement;
(B)
the
location
at
which
such
preclearance operations will be conducted;
and
(C) the terms and conditions for U.S. Cus-
toms and Border Protection personnel oper-
ating at the location;
(2) an assessment of the impact such
preclearance operations will have on legiti-
mate trade and travel, including potential im-
pacts on passengers traveling to the United
States;
(3) an assessment of the impacts such
preclearance operations will have on U.S. Cus-
toms and Border Protection domestic port of
entry staffing;
(4) country-specific information on the an-
ticipated homeland security benefits associ-
ated with establishing such preclearance oper-
ations;
(5)
information
on
potential
security
vulnerabilities associated with commencing
such preclearance operations and mitigation
plans to address such potential security
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 4433
Stored review status: historical_2024_not_currentness_verified. The source passage cites 19 U.S.C. § 4433. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 1118
TITLE 19—CUSTOMS DUTIES
§ 4434
shall provide to the appropriate congressional
committees—
(1) a copy of the agreement, as amended; and
(2) the justification for such amendment.
(e) Implementation plan
(1) In general
The Commissioner shall report to the appro-
priate congressional committees, on a quar-
terly basis—
(A) the number of U.S. Customs and Bor-
der Protection officers, by port, assigned
from domestic ports of entry to preclearance
operations; and
(B) the number of the positions at domes-
tic ports of entry vacated by U.S. Customs
and Border Protection officers described in
subparagraph (A) that have been filled by
other hired, trained, and equipped U.S. Cus-
toms and Border Protection officers.
(2) Submission
If the Commissioner has not filled the posi-
tions of U.S. Customs and Border Protection
officers that were reassigned to preclearance
operations and determines that U.S. Customs
and Border Protection processing times at do-
mestic ports of entry from which U.S. Customs
and Border Protection officers were reassigned
to preclearance operations have significantly
increased, the Commissioner, not later than 60
days after making such a determination, shall
submit to the appropriate congressional com-
mittees an implementation plan for reducing
processing times at the domestic ports of
entry with such increased processing times.
(3) Suspension
If the Commissioner does not submit the im-
plementation plan described in paragraph (2)
to the appropriate congressional committees
before the deadline set forth in such para-
graph, the Commissioner may not commence
preclearance operations at an additional port
of entry in any country until such implemen-
tation plan is submitted.
(f) Classified report
The report required under
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 4435
Stored review status: historical_2024_not_currentness_verified. The source passage cites 19 U.S.C. § 4435. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 1119
TITLE 19—CUSTOMS DUTIES
§ 4451
costs incurred, or expected to be incurred, by
U.S. Customs and Border Protection to estab-
lish or maintain preclearance operations at an
airport in a foreign country, including costs
relating to—
(A) hiring, training, and equipping new
U.S. Customs and Border Protection officers
who will be stationed at United States do-
mestic ports of entry or other U.S. Customs
and Border Protection facilities to backfill
U.S. Customs and Border Protection officers
to be stationed at an airport in a foreign
country to conduct preclearance operations;
and
(B) visits to the airport authority con-
ducted by U.S. Customs and Border Protec-
tion personnel necessary to prepare for the
establishment
or
maintenance
of
preclearance operations at such airport, in-
cluding the compensation, travel expenses,
and allowances payable to such personnel at-
tributable to such visits.
(2) Exception
The costs described in paragraph (1)(A) shall
not include the salaries and benefits of new
U.S. Customs and Border Protection officers
once such officers are permanently stationed
at a domestic United States port of entry or
other domestic U.S. Customs and Border Pro-
tection facility after being hired, trained, and
equipped.
(e) Rule of construction
Except as otherwise provided in this section,
nothing in this section may be construed as af-
fecting the responsibilities, duties, or authori-
ties of U.S. Customs and Border Protection.
(Pub. L. 114–125, title VIII, § 817, Feb. 24, 2016, 130
Stat. 220.)
Editorial Notes
REFERENCES IN TEXT
This subchapter, referred to in subsec. (c)(3), was in
the original ‘‘this subtitle’’, meaning subtitle B
(§§ 811–819) of title VIII of Pub. L. 114–125, which is clas-
sified principally to this subc
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 4451
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.