19 U.S.C. § 4433 — Notification and certification to Congress

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 vulnerabilities; (6) a U.S. Customs and Border Protection staffing model for such preclearance oper- ations and plans for how such positions would be filled; and (7) information on the anticipated costs over the 5 fiscal years after the agreement enters into force associated with commencing such preclearance operations. (b) Further notification relating to preclearance operations established at airports Not later than 45 days before an agreement with the government of a foreign country to es- tablish U.S. Customs and Border Protection preclearance operations at an airport in such country enters into force, the Secretary, in ad- dition to complying with the notification re- quirements under subsection (a), shall provide the appropriate congressional committees with— (1) an estimate of the date on which U.S. Customs and Border Protection intends to es- tablish preclearance operations under such agreement, including any pending caveats that must be resolved before preclearance op- erations are approved; (2) the anticipated funding sources for preclearance operations under such agree- ment, and other funding sources considered; (3) a homeland security threat assessment for the country in which such preclearance op- erations are to be established; (4) information on potential economic, com- petitive, and job impacts on United States air carriers associated with establishing such preclearance operations; (5) details on information sharing mecha- nisms to ensure that U.S. Customs and Border Protection has current information to prevent terrorist and criminal travel; and (6) other factors that the Secretary deter- mines to be necessary for Congress to com- prehensively assess the appropriateness of commencing such preclearance operations. (c) Certifications relating to preclearance oper- ations established at airports 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 at an airport in such country enters into force, the Secretary, in ad- dition to complying with the notification re- quirements under subsections (a) and (b), shall provide the appropriate congressional commit- tees with— (1) a certification that preclearance oper- ations under such preclearance agreement, after considering alternative options, would provide homeland security benefits to the United States through the most effective means possible; (2) a certification that preclearance oper- ations within such foreign country will be es- tablished under such agreement only if— (A) at least one United States passenger carrier operates at such airport; and (B) any United States passenger carriers operating at such airport and desiring to participate in preclearance operations are provided access that is comparable to that of any non-United States passenger carrier op- erating at that airport; (3) a certification that the establishment of preclearance operations in such foreign coun- try will not significantly increase customs processing times at United States airports; (4) a certification that representatives from U.S. Customs and Border Protection consulted with stakeholders, including providers of com- mercial air service in the United States, em- ployees of such providers, security experts, and such other parties as the Secretary deter- mines to be appropriate; and (5) a report detailing the basis for the cer- tifications referred to in paragraphs (1) through (4). (d) Amendment of existing agreements Not later than 30 days before a substantially amended preclearance agreement with the gov- ernment of a foreign country in effect as of Feb- ruary 24, 2016, enters into force, the Secretary 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 subsection (c)(5) may be submitted in classified form if the Sec- retary determines that such form is appropriate. (Pub. L. 114–125, title VIII, § 814, Feb. 24, 2016, 130 Stat. 218.) § 4434. Lost and stolen passports The Secretary may not enter into an agree- ment with the government of a foreign country to establish or maintain U.S. Customs and Bor- der Protection preclearance operations at an airport in such country unless the Secretary certifies to the appropriate congressional com- mittees that such government— (1) routinely submits information about lost and stolen passports of its citizens and nation- als 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. (Pub. L. 114–125, title VIII, § 816, Feb. 24, 2016, 130 Stat. 220.) § 4435. Recovery of initial U.S. Customs and Bor- der Protection preclearance operations costs (a) Cost sharing agreements with relevant air- port authorities The Commissioner may enter into a cost shar- ing agreement with airport authorities in for- eign countries at which preclearance operations are to be established or maintained if— (1) an executive agreement to establish or maintain such preclearance operations pursu- ant to the authorities under section 1629 of this title and section 1103(a)(7) of title 8 has been signed, but has not yet entered into force; and (2) U.S. Customs and Border Protection has incurred, or expects to incur, initial preclearance operations costs in order to es- tablish or maintain preclearance operations under the agreement described in paragraph (1). (b) Contents of cost sharing agreements (1) In general Notwithstanding section 58c(e) of this title and section 1356(g) of title 8, any cost sharing agreement with an airport authority author- ized under subsection (a) may provide for the airport authority’s payment to U.S. Customs and Border Protection of its initial preclearance operations costs. (2) Timing of payments The airport authority’s payment to U.S. Customs and Border Protection for its initial preclearance operations costs may be made in advance of the incurrence of the costs or on a reimbursable basis. (c) Account (1) In general All amounts collected pursuant to any cost sharing agreement authorized under sub- section (a)— (A) shall be credited as offsetting collec- tions to the currently applicable appropria- tion, account, or fund of U.S. Customs and Border Protection; (B) shall remain available, until expended, for the purposes for which such appropria- tion, account, or fund is authorized to be used; and (C) may be collected and shall be available only to the extent provided in appropria- tions Acts. (2) Return of unused funds Any advances or reimbursements not used by U.S. Customs and Border Protection may be returned to the relevant airport authority. (3) Rule of construction Nothing in this subsection may be construed to preclude the use of appropriated funds from sources other than the payments collected under this subchapter to pay initial preclearance operation costs. (d) Defined term (1) In general In this section, the term ‘‘initial preclearance operations costs’’ means the