Title 19Customs DutiesRelease 119-73

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

Title 19 › Chapter CHAPTER 28— - TRADE FACILITATION AND TRADE ENFORCEMENT › Subchapter SUBCHAPTER VIII— - MISCELLANEOUS PROVISIONS › § 4451

Last updated Apr 6, 2026|Official source

Summary

The Commissioner must send a report within one year after making an agreement under certain CBP programs, and once a year after that until the program ends. The report must go to the Senate Committee on Finance, the Senate Committee on Homeland Security and Governmental Affairs, the House Committee on Ways and Means, and the House Committee on Homeland Security. The report must explain how the program was set up and the legal authority for it; name the partner and how much they paid; say what port of entry is involved and how the agreement helps the economy or security; list services CBP provided in the prior year; give fees collected, total operating costs, and a detailed account of how the fees were spent; summarize complaints or criticism; report whether the partner followed the agreement; offer recommendations to improve results; and summarize benefits and problems for CBP and the partner. If the partner is an airport operator, the report must also detail CBP revenue at the airport from the agreement and from other sources (including passenger and airline fees) and compare that revenue to CBP’s operating costs there. The rule covers agreements made under these programs: the reimbursable fee program in section 560 of the Department of Homeland Security Appropriations Act, 2013 (division D of Public Law 113–6; 127 Stat. 378); the 2014 pilot partnerships program in section 559 of the Department of Homeland Security Appropriations Act (division F of Public Law 113–76; 6 U.S.C. 211 note); the fee-for-use program under section 58b of this title; the preclearance program under subchapter VII of this chapter; and the reimbursable fee agreements program in section 301 of title 6.

Full Legal Text

Title 19, §4451

Customs Duties — Source: USLM XML via OLRC

(a)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)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

Notes & Related Subsidiaries

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).

Reference

Citations & Metadata

Citation

19 U.S.C. § 4451

Title 19Customs Duties

Last Updated

Apr 6, 2026

Release point: 119-73