6 USC 301a - Port of entry donation authority

U.S Code last checked for updates: Nov 22, 2024

§ 301a.

Port of entry donation authority

(a)

Personal property donation authority

(1)

In general

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 the 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)

A new or existing sea or air port of entry.

(B)

An existing Federal Government-owned or -leased land port of entry.

(C)

A new Federal Government-owned or -leased land port of entry if—

(i)

the fair market value of the donation is $75,000,000 or less; and

(ii)

the fair market value of donations with respect to the land port of entry total $75,000,000 or less over the preceding five years.

(2)

Limitation on monetary donations

(3)

Uses

Donations accepted pursuant to this subsection may be used for activities of the Office of Field Operations set forth in subparagraphs (A) through (F) of section 211(g)(3) of this title, which are related to a new or existing sea or air port of entry or a new or existing Federal Government-owned or -leased land port of entry described in paragraph (1), including expenses related to—

(A)

furniture, fixtures, equipment, or technology, including the installation or deployment of such items; and

(B)

the operation and maintenance of such furniture, fixtures, equipment, or technology.

(b)

Real property donation authority

(1)

In general

Subject to paragraph (3), the Commissioner of U.S. Customs and Border Protection, and the Administrator of General Services, 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)

A new or existing sea or air port of entry.

(B)

An existing Federal Government-owned land port of entry.

(C)

A new Federal Government-owned land port of entry if—

(i)

the fair market value of the donation is $75,000,000 or less; and

(ii)

the fair market value of donations with respect to the land port of entry total $75,000,000 or less over the preceding five years.

(2)

Use

Donations accepted pursuant to this subsection may be used for activities of the Office of Field Operations set forth in section 211(g) of this title, which are related to the construction, alteration, operation, or maintenance of a new or existing sea or air port of entry or a new or existing a 1

 So in original.

Federal Government-owned land port of entry described in paragraph (1), including expenses related to—

(A)

land acquisition, design, construction, repair, or alteration; and

(B)

operation and maintenance of such port of entry facility.

(3)

Limitation on real property donations

(4)

Sunset

(A)

In general

(B)

Rule of construction

(c)

General provisions

(1)

Duration

(2)

Criteria

In carrying out an agreement 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 regarding—

(A)

the selection and evaluation of donors;

(B)

the identification of roles and responsibilities between U.S. Customs and Border Protection, the General Services Administration, and donors;

(C)

the identification, allocation, and management of explicit and implicit risks of partnering between the Federal Government and donors;

(D)

decision-making and dispute resolution processes; and

(E)

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.

(3)

Evaluation procedures

(A)

In general

The Commissioner of U.S. Customs and Border Protection, in consultation with the Administrator of General Services, as applicable, shall—

(i)

establish criteria for evaluating a proposal to enter into an agreement under subsection (a) or (b); and

(ii)

make such criteria publicly available.

(B)

Considerations

Criteria established pursuant to subparagraph (A) shall consider—

(i)

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;

(ii)

such proposal’s potential to increase trade and travel efficiency through added capacity;

(iii)

such proposal’s potential to enhance the security of the port of entry at issue;

(iv)

the impact of the proposal on reducing wait times at that port of entry or facility and other ports of entry on the same border;

(v)

for a donation under subsection (b)—

(I)

whether such donation satisfies the requirements of such proposal, or whether additional real property would be required; and

(II)

how such donation was acquired, including if eminent domain was used;

(vi)

the funding available to complete the intended use of such donation;

(vii)

the costs of maintaining and operating such donation;

(viii)

the impact of such proposal on U.S. Customs and Border Protection staffing requirements; and

(ix)

other factors that the Commissioner or Administrator determines to be relevant.

(C)

Determination and notification

(i)

Incomplete proposals

(I)

In general

(II)

Resubmission

If the Commissioner of U.S. Customs and Border Protection determines that a proposal is incomplete, the Commissioner shall—

(aa)

notify the appropriate entity and provide such entity with a description of all information or material that is needed to complete review of the proposal; and

(bb)

allow the entity to resubmit the proposal with additional information and material described in item (aa) to complete the proposal.

(ii)

Complete proposals

Not later than 180 days after receiving a completed 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—

(I)

determine whether to approve or deny such proposal; and

(II)

notify the entity that submitted such proposal of such determination.

(4)

Supplemental funding

(5)

Return of donations

(6)

Prohibition on certain funding

(A)

In general

(B)

Certification requirement

Before accepting any donations pursuant to an agreement under subsection (a) or (b), the Commissioner of U.S. Customs and Border Protection shall certify to the congressional committees set forth in paragraph (7) that 2

 So in original. Probably should be followed by a dash.

(i)

the donation will not be used for the construction of a detention facility or a border fence or wall; and

(ii)

the donor will be notified in the Donations Acceptance Agreement that the donor shall be financially responsible for all costs and operating expenses related to the operation, maintenance, and repair of the donated real property until such time as U.S. Customs and Border Protection provides the donor written notice otherwise.

(7)

Annual reports

The Commissioner of U.S. Customs and Border Protection, in collaboration with the Administrator of General Services, as applicable, shall submit an annual report identifying the activities undertaken and agreements entered into pursuant to subsections (a) and (b) to—

(A)

the Committee on Appropriations of the Senate;

(B)

the Committee on Environment and Public Works of the Senate;

(C)

the Committee on Finance of the Senate;

(D)

the Committee on Homeland Security and Governmental Affairs of the Senate;

(E)

the Committee on the Judiciary of the Senate;

(F)

the Committee on Appropriations of the House of Representatives;

(G)

the Committee on Homeland Security of the House of Representatives;

(H)

the Committee on the Judiciary of the House of Representatives;

(I)

the Committee on Transportation and Infrastructure of the House of Representatives; and

(J)

the Committee on Ways and Means of the House of Representatives.

(d)

GAO report

The Comptroller General of the United States shall submit an 3

 So in original. Probably should be “a”.

biennial report to the congressional committees referred to in subsection (c)(7) that evaluates—

(1)

fee agreements entered into pursuant to section 301 of this title;

(2)

donation agreements entered into pursuant to subsections (a) and (b); and

(3)

the fees and donations received by U.S. Customs and Border Protection pursuant to such agreements.

(e)

Judicial review

(f)

Rule of construction

(Pub. L. 107–296, title IV, § 482, as added Pub. L. 114–279, § 2(a), Dec. 16, 2016, 130 Stat. 1417; amended Pub. L. 116–260, div. O, title III, § 301, Dec. 27, 2020, 134 Stat. 2149; Pub. L. 117–81, div. F, title LXIV, § 6410, Dec. 27, 2021, 135 Stat. 2408.)

cite as: 6 USC 301a