19 U.S.C. § 4432 — Establishment of preclearance operations

Page 1116 TITLE 19—CUSTOMS DUTIES § 4431 1 See References in Text note below. (c) Duration of Committee (1) In general The Committee shall terminate on the date that is 2 years after February 24, 2016, unless renewed by the President for a subsequent 2- year period. (2) Continued renewal The President may continue to renew the Committee for successive 2-year periods by taking appropriate action to renew the Com- mittee prior to the date on which the Com- mittee would otherwise terminate. (d) Meetings The Committee shall hold not fewer than 2 meetings each calendar year. (e) Chairperson (1) In general The Committee shall elect from among its members a chairperson for a term of 2 years or until the Committee terminates. (2) Reelection; subsequent terms A chairperson of the Committee may be re- elected chairperson but is ineligible to serve consecutive terms as chairperson. (f) Staff The Secretary of the Treasury shall make available to the Committee such staff, informa- tion, personnel, administrative services, and as- sistance as the Committee may reasonably re- quire to carry out the activities of the Com- mittee. (g) Application of chapter 10 of title 5 (1) In general Except as provided in paragraph (2), the pro- visions of chapter 10 of title 5 shall apply to the Committee. (2) Exception Meetings of the Committee shall be exempt from the requirements of subsections (a) and (b) of section 1009 and section 1010 of title 5 (relating to open meetings, public notice, pub- lic participation, and public availability of documents), whenever and to the extent it is determined by the President or the Secretary of the Treasury that such meetings will be concerned with matters the disclosure of which— (A) would seriously compromise the devel- opment by the Government of the United States of monetary or financial policy; or (B) is likely to— (i) lead to significant financial specula- tion in currencies, securities, or commod- ities; or (ii) significantly endanger the stability of any financial institution. (h) Authorization of appropriations There are authorized to be appropriated to the Secretary of the Treasury for each fiscal year in which the Committee is in effect $1,000,000 to carry out this section. (Pub. L. 114–125, title VII, § 702, Feb. 24, 2016, 130 Stat. 198; Pub. L. 117–286, § 4(a)(144), Dec. 27, 2022, 136 Stat. 4321.) Editorial Notes AMENDMENTS 2022—Subsec. (g). Pub. L. 117–286, § 4(a)(144)(A), sub- stituted ‘‘chapter 10 of title 5’’ for ‘‘the Federal Advi- sory Committee Act’’ in heading. Subsec. (g)(1). Pub. L. 117–286, § 4(a)(144)(B), sub- stituted ‘‘chapter 10 of title 5’’ for ‘‘the Federal Advi- sory Committee Act (5 U.S.C. App.)’’. Subsec. (g)(2). Pub. L. 117–286, § 4(a)(144)(C), sub- stituted ‘‘section 1009 and section 1010 of title 5’’ for ‘‘section 10 and section 11 of the Federal Advisory Com- mittee Act’’ in introductory provisions. SUBCHAPTER VII—PRECLEARANCE OPERATIONS § 4431. Definitions In this subchapter: (1) Appropriate congressional committees The term ‘‘appropriate congressional com- mittees’’ means— (A) the Committee on Homeland Security and Governmental Affairs, the Committee on Finance, the Committee on Commerce, Science, and Transportation, and the Com- mittee on Appropriations of the Senate; and (B) the Committee on Homeland Security, the Committee on Ways and Means, and the Committee on Appropriations of the House of Representatives. (2) Secretary The term ‘‘Secretary’’ means the Secretary of Homeland Security. (Pub. L. 114–125, title VIII, § 812, Feb. 24, 2016, 130 Stat. 217.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this subtitle’’, meaning subtitle B (§§ 811–819) of title VIII of Pub. L. 114–125, which is classified prin- cipally to this subchapter. For complete classification of subtitle B to the Code, see Short Title note set out under section 4301 of this title and Tables. § 4432. Establishment of preclearance operations Pursuant to section 1629 of this title and sec- tion 1103(a)(7) of title 8, and provided that an aviation security preclearance agreement (as de- fined in section 44901(d)(4)(B) 1 of title 49) is in ef- fect, the Secretary may establish and maintain U.S. Customs and Border Protection preclearance operations in a foreign country— (1) to prevent terrorists, instruments of ter- rorism, and other security threats from enter- ing the United States; (2) to prevent inadmissible persons from en- tering the United States; (3) to ensure that merchandise destined for the United States complies with applicable laws; (4) to ensure the prompt processing of per- sons eligible to travel to the United States; and (5) to accomplish such other objectives as the Secretary determines are necessary to pro- tect the United States. 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