Sec. 4. Evaluation of alternative financing arrangements for construction and maintenance of infrastructure at land border ports of entry
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Consistent with section 559 of the Department of Homeland Security Appropriations Act, 2014 (division F of Public Law 113–76 ; 6 U.S.C. 211 note), during the 10-year period beginning on the date of the enactment of this Act, the Commissioner and the Administrator may, for purposes of facilitating the construction, alteration, operation, or maintenance of a new or existing facility or other infrastructure at a port of entry under the jurisdiction, custody, and control of the Commissioner or the Administrator— enter into cost-sharing or reimbursement agreements with any person; or accept donations from any person of— real or personal property (including monetary donations); or nonpersonal services.
The Commissioner and the Administrator, with respect to an agreement authorized under subsection (a), may— use such agreements for activities related to an existing or new port of entry, including expenses related to— land acquisition, design, construction, repair, or alternation; furniture, fixtures, or equipment; the deployment of technology or equipment; or operations and maintenance; or subject to chapter 33 of title 40, United States Code, transfer such property or services between the Commissioner and the Administrator for activities described in paragraph
(1)that are related to a new or existing port of entry under the jurisdiction, custody, and control of the relevant agency. The Commissioner, in consultation with the Administrator and consistent with section 559 of the Department of Homeland Security Appropriations Act, 2014 (division F of Public Law 113–76 ; 6 U.S.C. 211 note), shall issue procedures for evaluating a proposal submitted by a person for an agreement authorized under subsection (a). The procedures issued under subparagraph
(A)shall be made available to the public through the Department of Homeland Security website. In making a donation under subsection (a)(2), a person may— designate the land port of entry facility or facilities that the donation is intended to support; and specify the period during which the contributed property or nonpersonal services shall be used. Any property, including monetary donations and nonpersonal services donated pursuant to subsection
(a)may be used in addition to any other funds, including appropriated funds, property, or services made available for the same purpose. If the Commissioner or the Administrator does not use the property or services donated pursuant to subsection
(a)for the specific facility or facilities designated under paragraph (2)(A) or during the period specified under paragraph (2)(B), such donated property or services shall be returned to the person that made the donation. No interest may be owed on any donation returned to a person pursuant to subparagraph (A). Not later than 90 days after receiving a proposal pursuant to subsection
(a)with respect to the construction or maintenance of a facility or other infrastructure at a land border port of entry, the Commissioner or the Administrator shall— make a determination with respect to whether or not to approve the proposal; and notify the person that submitted the proposal of— the determination; and if the Administrator did not approve the proposal, the reasons for such determination. In making the determination under subparagraph (A)(i), the Commissioner or the Administrator shall consider— the impact of the proposal on reducing wait times at that port of entry and other ports of entry on the same border; the potential of the proposal to increase trade and travel efficiency through added capacity; and the potential of the proposal to enhance the security of the port of entry. The Commissioner, in collaboration with the Administrator, shall— submit an annual report to the relevant committees of Congress on the agreements entered into under subsection (a); and not less than 3 days before entering into an agreement with a person under subsection (a), notify the members of Congress that represent the State or district in which the affected facility is located.
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Sec. 4
Evaluation of alternative financing arrangements for construction and maintenance of infrastructure at land border ports of entry
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