Sec. 3. Authority to enter into agreements for the provision of certain services at land border ports of entry
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Notwithstanding section 451 of the Tariff Act of 1930 ( 19 U.S.C. 1451 ), and consistent with section 560 of the Department of Homeland Security Appropriations Act, 2013 (division D of Public Law 113–6 ; 127 Stat. 378) and section 559 of the Department of Homeland Security Appropriations Act, 2014 (division F of Public Law 113–76 ; 6 U.S.C. 211 note) the Commissioner may, during the 10-year period beginning on the date of the enactment of this Act and upon the request of any person, enter into an agreement with that person under which— U.S. Customs and Border Protection will provide the services described in paragraph
(2)at a land border port of entry; and that person will pay the fee described in subsection
(b)to reimburse U.S. Customs and Border Protection for the costs incurred in providing such services. Services described in this paragraph are any services related to customs, agricultural processing, border security, or inspection-related immigration matters provided by an employee or contractor of U.S. Customs and Border Protection at land border ports of entry. The Commissioner may not modify existing requirements or reimbursement fee agreements in effect as of the date of the enactment of this Act unless the relevant person requests a modification to include services described in this section. Nothing in this paragraph may be construed to reduce the responsibilities or duties of U.S. Customs and Border Protection to provide services at land border ports of entry that have been authorized or mandated by law and are funded in any appropriation Act or from any accounts in the Treasury of the United States derived by the collection of fees. A person requesting U.S. Customs and Border Protection services shall pay a fee pursuant to an agreement under subsection
(a)in an amount equal to the sum of— a proportionate share of the salaries and expenses of the individuals employed by U.S. Customs and Border Protection who provided 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 individuals. The Commissioner shall develop a process to oversee the activities reimbursed by the fees authorized under paragraph
(1)that includes— a determination and report on the full cost of providing services, including direct and indirect costs; a process for increasing such fees, as necessary; the establishment of a monthly remittance schedule to reimburse appropriations; and the identification of overtime costs to be reimbursed by such fees. Amounts collected in fees under paragraph (1)— shall be deposited as an offsetting collection; shall remain available until expended, without fiscal year limitation; and shall directly reimburse each appropriation account for the amount paid out of such account for— any expenses incurred for providing U.S. Customs and Border Protection services to the person paying such fee; and any other costs incurred by the U.S. Customs and Border Protection relating to such services. The Commissioner shall terminate the services provided pursuant to an agreement with a private sector or government entity under subsection
(a)upon receiving notice from the Commissioner that such entity failed to pay the fee imposed under paragraph
(1)in a timely manner. At the time services are terminated pursuant to subparagraph (A), all costs incurred by U.S. Customs and Border Protection to provide services to the entity described in subparagraph (A), which have not been reimbursed by the entity, will become immediately due and payable. Interest on unpaid fees will accrue from the date of termination based on current Treasury borrowing rates. Any private sector or government entity that fails to pay any fee incurred under paragraph
(1)in a timely manner, after notice and demand for payment, shall be liable for a penalty or liquidated damage equal to 2 times the amount of such fee. Not later than 3 days before entering into an agreement under this section, the Commissioner shall notify— the relevant committees of Congress; and the members of Congress who represent the State or district in which the facility at which services will be provided under the agreement.
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- 127 Stat. 378
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Sec. 3
Authority to enter into agreements for the provision of certain services at land border ports of entry
Stat.127 Stat. 378
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