Sec. 4. Public private partnerships
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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 for border security, port security, transportation security, or counter-terrorism purposes, 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 each facility at which U.S. Customs and Border Protection services are performed shall be provided, 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 and the Committee on Appropriations of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate an annual report identifying the activities undertaken and the agreements entered into pursuant to this section. The Commissioner of U.S. Customs and Border Protection, in collaboration with the Administrator of the General Services Administration as applicable under subsection (f), may enter into an agreement with any entity to accept a donation of real or personal property, including monetary donations, or nonpersonal services, for uses described in subsection
(c)at a new or existing land, sea, or air port of entry, or any facility or other infrastructure at a location at which U.S. Customs and Border Protection performs or will be performing inspection services. If the Administrator of the General Services Administration owns or leases a new or existing land port of entry at a location at which U.S. Customs and Border Protection performs or will be performing inspection services, the Administrator, in collaboration with the Commissioner of U.S. Customs and Border Protection, may enter into an agreement with any entity to accept a donation of real or personal property, including monetary donations, or nonpersonal services, at such location for uses described in subsection (c). Any monetary donation accepted pursuant to subsection
(a)may not be used to pay the salaries of U.S. Customs and Border Protection employees performing inspection services. Donations accepted pursuant to subsection
(a)may be used for activities related to construction, alteration, operation, or maintenance of a new or existing land, sea, or air port of entry, as appropriate, or any facility or other infrastructure at a location at which U.S. Customs and Border Protection performs or will be performing inspections services, including expenses related to— land acquisition, design, construction, repair, or alteration; furniture, fixtures, equipment, or technology, including installation or the deployment thereof; and operation and maintenance of such port of entry, facility, infrastructure, equipment, or technology. Notwithstanding any other provision of law, donations accepted by the Commissioner of U.S. Customs and Border Protection or the Administrator of the General Services Administration pursuant to subsection
(a)may be transferred between U.S. Customs and Border Protection and the General Services Administration. An agreement entered into under subsection
(a)may last as long as required to meet the terms of such agreement. The role, involvement, and authority of the Administrator of the General Services Administration under this section shall be limited to donations made at new or existing land ports of entry, facilities, or other infrastructure owned or leased by the General Services Administration. In carrying out agreements entered into under subsection (a), the Commissioner of U.S. Customs and Border Protection and the Administrator of the General Services Administration 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, and donors. Decision-making and dispute resolution processes. Processes for U.S. Customs and Border Protection and the General Services Administration 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. Not later than 180 days after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection, in consultation with the Administrator of the General Services Administration, as appropriate, shall— establish criteria for evaluating a proposal to enter into an agreement under subsection (a); and make such criteria publicly available. Criteria established pursuant to paragraph
(1)shall consider the following: The impact of such proposal on the land, sea, or air port of entry or facility or other infrastructure at issue and other ports of entry or similar facilities or other infrastructure near the location of the proposed donation. The proposal’s potential to increase trade and travel efficiency through added capacity. The proposal’s potential to enhance the security of the port of entry or facility or other infrastructure at issue. The funding available to complete the intended use of a donation under this subsection, if such donation is real property. The costs of maintaining and operating such donation. Whether such donation, if real property, satisfies the requirements of such proposal, or whether additional real property would be required. 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), the Commissioner of U.S. Customs and Border Protection shall make a determination to deny or approve such proposal, and shall notify the entity that submitted such proposal of such determination. Donations made pursuant to subsection
(a)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 the General Services Administration, as the case may be, may return any donation made pursuant to subsection (a). No interest shall be owed to the donor with respect to any donation provided under such subsection that is returned pursuant to this subsection. The Commissioner of U.S. Customs and Border Protection, in collaboration with the Administrator of the General Services Administration, as appropriate, 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 this section. 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.
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Sec. 4
Public private partnerships
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