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Title 19 — Customs Duties

Chapter 28 — Trade Facilitation and Trade Enforcement

§ 4451. Report on certain U.S. Customs and Border Protection agreements

Statutory text

(a)

In general

Not later than one year after entering into an agreement under a program specified in subsection (b), and annually thereafter until the termination of the program, the Commissioner shall submit to the Committee on Finance and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Ways and Means and the Committee on Homeland Security of the House of Representatives a report that includes the following:

(1)

A description of the development of the program, including an identification of the authority under which the program operates.

(2)

A description of the type of entity with which U.S. Customs and Border Protection entered into the agreement and the amount that entity reimbursed U.S. Customs and Border Protection under the agreement.

(3)

An identification of the type of port of entry to which the agreement relates and an assessment of how the agreement provides economic benefits and security benefits (if applicable) at the port of entry.

(4)

A description of the services provided by U.S. Customs and Border Protection under the agreement during the year preceding the submission of the report.

(5)

The amount of fees collected under the agreement during that year.

(6)

The total operating expenses of the program during that year.

(7)

A detailed accounting of how the fees collected under the agreement have been spent during that year.

(8)

A summary of any complaints or criticism received by U.S. Customs and Border Protection during that year regarding the agreement.

(9)

An assessment of the compliance of the entity described in paragraph (2) with the terms of the agreement.

(10)

Recommendations with respect to how activities conducted pursuant to the agreement could function more effectively or better produce economic benefits and security benefits (if applicable).

(11)

A summary of the benefits to and challenges faced by U.S. Customs and Border Protection and the entity described in paragraph (2) under the agreement.

(12)

If the entity described in paragraph (2) is an operator of an airport—

(A)

a detailed account of the revenue collected by U.S. Customs and Border Protection at the airport from—

(i)

fees collected under the agreement; and

(ii)

fees collected from sources other than under the agreement, including fees paid by passengers and air carriers; and

(B)

an assessment of the revenue described in subparagraph (A) compared with the operating costs of U.S. Customs and Border Protection at the airport.

(b)

Program specified

A program specified in this subsection is—

(1)

the program for entering into reimbursable fee agreements for the provision of U.S. Customs and Border Protection services established by section 560 of the Department of Homeland Security Appropriations Act, 2013 (division D of Public Law 113–6; 127 Stat. 378);

(2)

the pilot program authorizing U.S. Customs and Border Protection to enter into partnerships with private sector and government entities at ports of entry established by section 559 of the Department of Homeland Security Appropriations Act, 2014 (division F of Public Law 113–76; 6 U.S.C. 211 note);

(3)

the program under which U.S. Customs and Border Protection collects a fee for the use of customs services at designated facilities under section 58b of this title;

(4)

the program established by subchapter VII of this chapter authorizing U.S. Customs and Border Protection to establish preclearance operations in foreign countries; or

(5)

the program for entering into reimbursable fee agreements with U.S. Customs and Border Protection established under section 301 of title 6.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Trade Facilitation and Trade Enforcement Act of 2015

    Pub. L. 114–125 title IX § 907 · 130 Stat. 122

    Enacted · 19 U.S.C. § 4451

    Pub. L. 114–125, title IX, § 907, Feb. 24, 2016, 130 Stat. 234

    Source evidence

    Code source credit
    Pub. L. 114–125, title IX, § 907, Feb. 24, 2016, 130 Stat. 234

    Enacted provision · exact public law section
    SEC. 907. REPORT ON CERTAIN U.S. CUSTOMS AND BORDER PROTECTION AGREEMENTS. (a) In General.— Not later than one year after entering into an agreement under a program specified in subsection (b), and annually thereafter until the termination of the program, the Commissioner shall submit to the Committee on Finance and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Ways and Means and the Committee on Homeland Security of the House of Representatives a report that includes the following: (1) A description of the development of the program, including an identification of the authority under which the program operates. (2) A description of the type of entity with which U.S. Customs and Border Protection entered into the agreement and the amount that entity reimbursed U.S. Customs and Border Protection under the agreement. (3) An identification of the type of port of entry to which the agreement relates and an assessment of how the agreement provides economic benefits and security benefits (if applicable) at the port of entry. (4) A description of the services provided by U.S. Customs and Border Protection under the agreement during the year preceding the submission of the report. (5) The amount of fees collected under the agreement during that year. (6) The total operating expenses of the program during that year. (7) A detailed accounting of how the fees collected under the agreement have been spent during that year. (8) A summary of any complaints or criticism received by U.S. Customs and Border Protection during that year regarding the agreement. (9) An assessment of the compliance of the entity described in paragraph (2) with the terms of the agreement. (10) Recommendations with respect to how activities conducted pursuant to the agreement could function more effectively or better produce economic benefits and security benefits (if applicable). (11) A summary of the benefits to and challenges faced by U.S. Customs and Border Protection and the entity described in paragraph (2) under the agreement. (12) If the entity described in paragraph (2) is an operator of an airport— (A) a detailed account of the revenue collected by U.S. Customs and Border Protection at the airport from— (i) fees collected under the agreement; and (ii) fees collected from sources other than under the agreement, including fees paid by passengers and air carriers; and (B) an assessment of the revenue described in subparagraph (A) compared with the operating costs of U.S. Customs and Border Protection at the airport. (b) Program Specified.— A program specified in this subsection is— (1) the program for entering into reimbursable fee agreements for the provision of U.S. Customs and Border Protection services established by section 560 of the Department of Homeland Security Appropriations Act, 2013 (division D of Public Law 113–6; 127 Stat. 378); (2) the pilot program authorizing U.S. Customs and Border Protection to enter into partnerships with private sector and government entities at ports of entry established by section 559 of the Department of Homeland Security Appropriations Act, 2014 (division F of Public Law 113–76; 6 U.S.C. 211 note); (3) the program under which U.S. Customs and Border Protection collects a fee for the use of customs services at designated facilities under section 236 of the Trade and Tariff Act of 1984 (19 U.S.C. 58b); or (4) the program established by subtitle B of title VIII of this Act authorizing U.S. Customs and Border Protection to establish preclearance operations in foreign countries.

  2. Cross-Border Trade Enhancement Act of 2016

    Pub. L. 114–279 § 3 · 130 Stat. 1413

    Added · 19 U.S.C. § 4451(b)(5)

    Pub. L. 114–279 added par. (5)

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 114–279 added par. (5).

    Enacted provision · exact public law section
    SEC. 3. MODIFICATION OF EXISTING REPORTS TO CONGRESS.   Section 907(b) of the Trade Facilitation and Trade Enforcement Act of 2015 (Public Law 114–125) 19 USC 4451. is amended— (1) in paragraph (3), by striking “or” at the end; (2) in paragraph (4), by striking the period at the end and inserting “; or”; and (3) by adding at the end the following: “(5) the program for entering into reimbursable fee agreements with U.S. Customs and Border Protection established under section 481 of the Homeland Security Act of 2002.” .

2 of 2 references resolved to an enrolled provision

Editorial Notes

References in Text

Section 560 of the Department of Homeland Security Appropriations Act, 2013 (division D of Public Law 113–6; 127 Stat. 378), referred to in subsec. (b)(1), is not classified to the Code.

Subchapter VII of this chapter, referred to in subsec. (b)(4), was in the original “subtitle B of title VIII of this Act”, meaning subtitle B (§§ 811–819) of title VIII of Pub. L. 114–125, which is classified principally to subchapter VII of this chapter. For complete classification of subtitle B to the Code, see Short Title note set out under section 4301 of this title and Tables.

Amendments

2016—Subsec. (b)(5). Pub. L. 114–279 added par. (5).

Credits

2016 · 2 acts
  1. 2016Pub. L. 114–125, title IX, § 907, , 130 Stat. 234
  2. 2016Pub. L. 114–279, § 3, , 130 Stat. 1422.
Show as published

(Pub. L. 114–125, title IX, § 907, , 130 Stat. 234; Pub. L. 114–279, § 3, , 130 Stat. 1422.)

Parsed from the official OLRC USLM XML in data/usc_all/usc19.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t19/s4451