Sec. 4. Public-private partnerships
2,561 words·~12 min read·
/bill/114/hr/3586/eh/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Title IV of the Homeland Security Act of 2002 ( 6 U.S.C. 201 et seq. ) is amended by adding at the end the following new subtitle: Notwithstanding section 13031(e) of the Consolidated Omnibus Budget Reconciliation Act of 1985 ( 19 U.S.C. 58c(e) ) and section 451 of the Tariff Act of 1930 ( 19 U.S.C. 1451 ), the Commissioner of U.S. Customs and Border Protection may, upon the request of any entity, enter into a fee agreement with such entity under which— U.S. Customs and Border Protection shall provide services described in subsection
(c)at a United States port of entry or any other facility at which U.S. Customs and Border Protection provides or will provide such services; such entity shall remit to U.S. Customs and Border Protection a fee imposed under subsection
(e)in an amount equal to the full costs that are incurred or will be incurred in providing such services; and if space is provided by such entity, each facility at which U.S. Customs and Border Protection services are performed shall be maintained and equipped by such entity, without cost to the Federal Government, in accordance with U.S. Customs and Border Protection specifications. The services described in this section are any activities of any employee or contractor of U.S. Customs and Border Protection pertaining to, or in support of, customs, agricultural processing, border security, or immigration inspection-related matters at a port of entry or any other facility at which U.S. Customs and Border Protection provides or will provide services. The Commissioner of U.S. Customs and Border Protection— may enter into fee agreements under this section only for services that will increase or enhance the operational capacity of U.S. Customs and Border Protection based on available staffing and workload and that will not shift the cost of services funded in any appropriations Act, or provided from any account in the Treasury of the United States derived by the collection of fees, to entities under this Act; and may not enter into a fee agreement under this section if such agreement would unduly and permanently impact services funded in any appropriations Act, or provided from any account in the Treasury of the United States, derived by the collection of fees. There shall be no limit to the number of fee agreements that the Commissioner of U.S. Customs and Border Protection may enter into under this section. The amount of the fee to be charged pursuant to an agreement authorized under subsection
(a)shall be paid by each entity requesting U.S. Customs and Border Protection services, and shall be for the full cost of providing such services, including the salaries and expenses of employees and contractors of U.S. Customs and Border Protection, to provide such services and other costs incurred by U.S. Customs and Border Protection relating to such services, such as temporary placement or permanent relocation of such employees and contractors. The Commissioner of U.S. Customs and Border Protection may require that the fee referred to in paragraph
(1)be paid by each entity that has entered into a fee agreement under subsection
(a)with U.S. Customs and Border Protection in advance of the performance of U.S. Customs and Border Protection services. The Commissioner of U.S. Customs and Border Protection shall develop a process to oversee the services for which fees are charged pursuant to an agreement under subsection (a), including the following: A determination and report on the full costs of providing such services, as well as a process for increasing such fees, as necessary. Establishment of a periodic remittance schedule to replenish appropriations, accounts, or funds, as necessary. Identification of costs paid by such fees. Funds collected pursuant to any agreement entered into under subsection
(a)shall be deposited as offsetting collections, shall remain available until expended without fiscal year limitation, and shall be credited to the applicable appropriation, account, or fund for the amount paid out of such appropriation, account, or fund for any expenses incurred or to be incurred by U.S. Customs and Border Protection in providing U.S. Customs and Border Protection services under any such agreement and any other costs incurred or to be incurred by U.S. Customs and Border Protection relating to such services. The Commissioner of U.S. Customs and Border Protection shall return any unused funds collected and deposited into the account described in paragraph
(1)in the event that a fee agreement entered into under subsection
(a)is terminated for any reason, or in the event that the terms of such fee agreement change by mutual agreement to cause a reduction of U.S. Customs and Border Protections services. No interest shall be owed upon the return of any such unused funds. The Commissioner of U.S. Customs and Border Protection shall terminate the provision of services pursuant to a fee agreement entered into under subsection
(a)with an entity that, after receiving notice from the Commissioner that a fee under subsection
(d)is due, fails to pay such fee in a timely manner. In the event of such termination, all costs incurred by U.S. Customs and Border Protection which have not been paid shall become immediately due and payable. Interest on unpaid fees shall accrue based on the rate and amount established under sections 6621 and 6622 of the Internal Revenue Code of 1986. Any entity that, after notice and demand for payment of any fee under subsection (d), fails to pay such fee in a timely manner shall be liable for a penalty or liquidated damage equal to two times the amount of such fee. Any such amount collected pursuant to this paragraph shall be deposited into the appropriate account specified under subsection
(e)and shall be available as described in such subsection. The Commissioner of U.S. Customs and Border Protection shall submit to the Committee on Homeland Security, the Committee on Appropriations, and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs, the Committee on Appropriations, and the Committee on Finance of the Senate an annual report identifying the activities undertaken and the agreements entered into pursuant to this section. Nothing in this section may be construed as imposing in any manner on U.S. Customs and Border Protection any responsibilities, duties, or authorities relating to real property. The Commissioner of U.S. Customs and Border Protection, in consultation with the Administrator of General Services, may enter into an agreement with any entity to accept a donation of personal property, money, or nonpersonal services for uses described in paragraph
(3)only with respect to the following locations at which U.S. Customs and Border Protection performs or will be performing inspection services: A new or existing sea or air port of entry. An existing Federal Government-owned land port of entry. A new Federal Government-owned land port of entry if— the fair market value of the donation is $50,000,000 or less; and the fair market value, including any personal and real property donations in total, of such port of entry when completed, is $50,000,000 or less. Any monetary donation accepted pursuant to this subsection may not be used to pay the salaries of U.S. Customs and Border Protection employees performing inspection services. Donations accepted pursuant to this subsection may be used for activities related to a new or existing sea or air port of entry or a new or existing Federal Government-owned land port of entry described in paragraph (1), including expenses related to— furniture, fixtures, equipment, or technology, including installation or the deployment thereof; and operation and maintenance of such furniture, fixtures, equipment, or technology. Subject to paragraph (3), the Commissioner of U.S. Customs and Border Protection, and the Administrator of the General Services Administration, as applicable, may enter into an agreement with any entity to accept a donation of real property or money for uses described in paragraph
(2)only with respect to the following locations at which U.S. Customs and Border Protection performs or will be performing inspection services: A new or existing sea or air port of entry. An existing Federal Government-owned land port of entry. A new Federal Government-owned land port of entry if— the fair market value of the donation is $50,000,000 or less; and the fair market value, including any personal and real property donations in total, of such port of entry when completed, is $50,000,000 or less. Donations accepted pursuant to this subsection may be used for activities related to construction, alteration, operation, or maintenance of a new or existing sea or air port of entry or a new or existing a Federal Government-owned land port of entry described in paragraph (1), including expenses related to— land acquisition, design, construction, repair, or alteration; and operation and maintenance of such port of entry facility. A donation of real property under this subsection at an existing land port of entry owned by the General Services Administration may only be accepted by the Administrator of General Services. The authority to enter into an agreement under this subsection shall terminate on the date that is five years after the date of the enactment of this subsection. The termination date referred to in subparagraph
(A)shall not apply to carrying out the terms of an agreement under this subsection if such agreement is entered into before such termination date. An agreement entered into under subsection
(a)or
(b)(and, in the case of such subsection (b), in accordance with paragraph
(4)of such subsection) may last as long as required to meet the terms of such agreement. In carrying out agreements entered into under subsection
(a)or (b), the Commissioner of U.S. Customs and Border Protection, in consultation with the Administrator of General Services, shall establish criteria that includes the following: Selection and evaluation of donors. Identification of roles and responsibilities between U.S. Customs and Border Protection, the General Services Administration, as applicable, and donors. Identification, allocation, and management of explicit and implicit risks of partnering between the Federal Government and donors. Decision-making and dispute resolution processes. Processes for U.S. Customs and Border Protection, and the General Services Administration, as applicable, to terminate agreements if selected donors are not meeting the terms of any such agreement, including the security standards established by U.S. Customs and Border Protection. The Commissioner of U.S. Customs and Border Protection, in consultation with the Administrator of General Services, as applicable, shall— establish criteria for evaluating a proposal to enter into an agreement under subsection
(a)or (b); and make such criteria publicly available. Criteria established pursuant to subparagraph
(A)shall consider the following: The impact of a proposal referred to in such subparagraph on the land, sea, or air port of entry at issue and other ports of entry or similar facilities or other infrastructure near the location of the proposed donation. Such proposal’s potential to increase trade and travel efficiency through added capacity. Such proposal’s potential to enhance the security of the port of entry at issue. For a donation under subsection (b)— whether such donation satisfies the requirements of such proposal, or whether additional real property would be required; and an explanation of how such donation was acquired, including if eminent domain was used. The funding available to complete the intended use of such donation. The costs of maintaining and operating such donation. The impact of such proposal on U.S. Customs and Border Protection staffing requirements. Other factors that the Commissioner or Administrator determines to be relevant. Not later than 180 days after receiving a proposal to enter into an agreement under subsection
(a)or (b), the Commissioner of U.S. Customs and Border Protection, with the concurrence of the Administrator of General Services, as applicable, shall make a determination to deny or approve such proposal, and shall notify the entity that submitted such proposal of such determination. Except as required under section 3307 of title 40, United States Code, for real property donations to the Administrator of General Services at a GSA-owned land port of entry, donations made pursuant to subsection
(a)and
(b)may be used in addition to any other funding for such purpose, including appropriated funds, property, or services. The Commissioner of U.S. Customs and Border Protection, or the Administrator of General Services, as applicable, may return any donation made pursuant to subsection
(a)or (b). No interest shall be owed to the donor with respect to any donation provided under such subsections that is returned pursuant to this subsection. Except as provided in subsections
(a)and
(b)regarding the acceptance of donations, the Commissioner of U.S. Customs and Border Protection and the Administrator of General Services, as applicable, may not, with respect to an agreement entered into under either of such subsections, obligate or expend amounts in excess of amounts that have been appropriated pursuant to any appropriations Act for purposes specified in either of such subsections or otherwise made available for any of such purposes. The Commissioner of U.S. Customs and Border Protection, in collaboration with the Administrator of General Services, as applicable, shall submit to the Committee on Homeland Security, the Committee on Transportation and Infrastructure, and the Committee on Appropriations of the House of Representatives and the Committee on Homeland Security and Governmental Affairs, the Committee on Environment and Public Works, and the Committee on Appropriations of the Senate an annual report identifying the activities undertaken and agreements entered into pursuant to subsections
(a)and (b). Except as otherwise provided in this section, nothing in this section may be construed as affecting in any manner the responsibilities, duties, or authorities of U.S. Customs and Border Protection or the General Services Administration. Nothing in this subtitle may be construed as affecting in any manner— any agreement entered into pursuant to section 560 of division D of the Consolidated and Further Continuing Appropriations Act, 2013 ( Public Law 113–6 ) or section 559 of title V of division F of the Consolidated Appropriations Act, 2014 ( 6 U.S.C. 211 note; Public Law 113–76 ), as in existence on the day before the date of the enactment of this subtitle, and any such agreement shall continue to have full force and effect on and after such date; or a proposal accepted for consideration by U.S. Customs and Border Protection pursuant to such section 559, as in existence on the day before such date of enactment. In this subtitle: The term donor means any entity that is proposing to make a donation under this Act. The term entity means any— person; partnership, corporation, trust, estate, cooperative, association, or any other organized group of persons; Federal, State or local government (including any subdivision, agency or instrumentality thereof); or any other private or governmental entity. . The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by adding at the end of the list of items relating to title IV the following new items: Subtitle G—U.S. Customs and Border Protection Public Private Partnerships Sec. 481. Fee agreements for certain services at ports of entry. Sec. 482. Port of entry donation authority. Sec. 483. Current and proposed agreements. Sec. 484. Definitions. . Section 560 of division D of the Consolidated and Further Continuing Appropriations Act, 2013 ( Public Law 113–6 ) and section 559 of title V of division F of the Consolidated Appropriations Act, 2014 ( 6 U.S.C. 211 note; Public Law 113–76 ) are repealed.
Connectionstraces to 6
Traces to 6 documents
U.S. Code
Citation graph
cites case law
Sec. 4
Public-private partnerships
Cites 6Cited by 0 across 0 sources