Sec. 2. Recovery of initial preclearance operation costs
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The Commissioner of U.S. Customs and Border Protection may enter into a cost sharing agreement with airport authorities in foreign countries at which preclearance operations are to be established or maintained if— an executive agreement to establish or maintain such preclearance operations pursuant to the authorities under section 629 of the Tariff Act of 1930 ( 19 U.S.C. 1629 ) and section 103(a)(7) of the Immigration and Nationality Act ( 8 U.S.C. 1103(a)(7) ) has been signed, but has not yet entered into force; and U.S.
Customs and Border Protection has incurred, or expects to incur, initial preclearance operations costs in order to establish or maintain preclearance operations under the agreement described in paragraph (1). Notwithstanding section 13031(e) of the Consolidated Omnibus Budget Reconciliation Act of 1985 ( 19 U.S.C. 58c(e) ) and section 286(g) of the Immigration and Nationality Act ( 8 U.S.C. 1356(g) ), any cost sharing agreement authorized under subsection
(a)may provide for the airport authority’s payment to U.S. Customs and Border Protection of its initial preclearance operations costs. 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. All amounts collected pursuant to any cost sharing agreement authorized under subsection (a)— shall be credited as offsetting collections to the currently applicable appropriation, account, or fund of U.S. Customs and Border Protection; shall remain available, until expended, for the purposes for which such appropriation, account, or fund is authorized to be used; and may be collected and shall be available only to the extent provided in appropriations Acts. Any advances or reimbursements not used by U.S. Customs and Border Protection may be returned to the relevant airport authority. Nothing in this subsection may be construed to preclude the use of appropriated funds, from sources other than the payments collected under this Act, to pay initial preclearance operation costs. In this section, the term initial preclearance operations costs means the costs incurred, or expected to be incurred, by U.S. Customs and Border Protection to establish or maintain preclearance operations at an airport in a foreign country, including costs relating to— hiring, training, and equipping new officers of U.S. Customs and Border Protection who will be stationed at United States domestic ports of entry or other facilities of U.S. Customs and Border Protection to backfill such officers to be stationed at an airport in a foreign country to conduct preclearance operations; and visits to the airport authority conducted by personnel of U.S. Customs and Border Protection necessary to prepare for the establishment or maintenance of preclearance operations at such airport, including the compensation, travel expenses, and allowances payable to such personnel attributable to such visits. The costs described in paragraph (1)(A) shall not include the salaries and benefits of new officers of U.S. Customs and Border Protection once such officers are permanently stationed at a domestic United States port of entry or other domestic facility of U.S. Customs and Border Protection after being hired, trained, and equipped.
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Sec. 2
Recovery of initial preclearance operation costs
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