Port of Entry Partnership Pilot Program[Pub. L. 113–76, div. F, title V, § 559], Jan. 17, 2014, [128 Stat. 279], as amended by [Pub. L. 114–4, title V, § 552(a)], Mar. 4, 2015, [129 Stat. 71], provided that:
“(a) In General.—In addition to existing authorities, the Commissioner of U.S. Customs and Border Protection, in collaboration with the Administrator of General Services, is authorized to conduct a pilot program in accordance with this section to permit U.S. Customs and Border Protection to enter into partnerships with private sector and government entities at ports of entry for certain services and to accept certain donations.
“(b) Rule of Construction.—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.
“(c) Duration.—The pilot program described in subsection (a) shall be for five years. A partnership entered into during such pilot program may last as long as required to meet the terms of such partnership. At the end of such five year period, the Commissioner may request that such pilot program be made permanent.
“(d) Coordination.—“(1) In general.—The Commissioner, in consultation with participating private sector and government entities in a partnership under subsection (a), shall provide the Administrator with information relating to U.S. Customs and Border Protection’s requirements for new facilities or upgrades to existing facilities at land ports of entry.
“(2) Criteria.—The Commissioner and the Administrator shall establish criteria for entering into a partnership under subsection (a) that include the following:“(A) Selection and evaluation of potential partners.
“(B) Identification and documentation of roles and responsibilities between U.S. Customs and Border Protection, General Services Administration, and private and government partners.
“(C) Identification, allocation, and management of explicit and implicit risks of partnering between U.S. Customs and Border Protection, General Services Administration, and private and government partners.
“(D) Decision-making and dispute resolution processes in partnering arrangements.
“(E) Criteria and processes for U.S. Customs and Border Protection and General Services Administration to terminate agreements if private or government partners are not meeting the terms of such a partnership, including the security standards established by U.S. Customs and Border Protection.
“(3) Evaluation plan.—The Commissioner, in collaboration with the Administrator, 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 evaluation plan for the pilot program described in subsection (a) that includes the following:“(A) Well-defined, clear, and measurable objectives.
“(B) Performance criteria or standards for determining the performance of such pilot program.
“(C) Clearly articulated evaluation methodology, including—“(i) sound sampling methods;
“(ii) a determination of appropriate sample size for the evaluation design;
“(iii) a strategy for tracking such pilot program’s performance; and
“(iv) an evaluation of the final results.
“(D) A plan detailing the type and source of data necessary to evaluate such pilot program, methods for data collection, and the timing and frequency of data collection.
“(e) Authority to Enter Into Agreements for the Provision of Certain Services at Ports of Entry.—“(1) In general.—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 may, during the pilot program described in subsection (a) and upon the request of a private sector or government entity with which U.S. Customs and Border Protection has entered into a partnership, enter into a reimbursable fee agreement with such entity under which—“(A) U.S. Customs and Border Protection will provide services described in paragraph (2) at a port of entry;
“(B) such entity will pay a fee imposed under paragraph (4) to reimburse U.S. Customs and Border Protection for the costs incurred in providing such services; and
“(C) 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.
“(2) Services described.—Services described in this paragraph are any activities of any employee or contractor of U.S. Customs and Border Protection pertaining to customs, agricultural processing, border security, and immigration inspection-related matters at ports of entry.
“(3) Limitations.—“(A) Impacts of services.—The Commissioner may not enter into a reimbursable fee agreement under this subsection if such agreement would unduly and permanently impact services funded in this or any other appropriations Act, or provided from any account in the Treasury of the United States derived by the collection of fees.
“(B) For certain costs.—The authority found in this subsection may not be used at U.S. Customs and Border Protection-serviced air ports of entry to enter into reimbursable fee agreements for costs other than payment of overtime and the salaries, training and benefits of individuals employed by U.S. Customs and Border Protection to support U.S. Customs and Border Protection officers in performing law enforcement functions at ports of entry, including primary and secondary processing of passengers.
“(C) The authority found in this subsection may not be used to enter into new preclearance agreements or begin to provide U.S. Customs and Border Protection services outside of the United States.
“(D) The authority found in this subsection shall be limited with respect to U.S. Customs and Border Protection-serviced air ports of entry to five pilots per year.
“(4) Fee.—“(A) In general.—The amount of the fee to be charged pursuant to an agreement authorized under paragraph (1) shall be paid by each private sector and government entity requesting U.S. Customs and Border Protection services, and shall include the salaries and expenses of individuals employed by 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 individuals.
“(B) Oversight of fees.—The Commissioner shall develop a process to oversee the activities reimbursed by the fees charged pursuant to an agreement authorized under paragraph (1) that includes the following:“(i) A determination and report on the full costs of providing services, including direct and indirect costs, including a process for increasing such fees as necessary.
“(ii) Establishment of a monthly remittance schedule to reimburse appropriations.
“(iii) Identification of overtime costs to be reimbursed by such fees.
“(5) Deposit of funds.—Funds collected pursuant to any agreement entered into under paragraph (1) shall be deposited as offsetting collections and remain available until expended, without fiscal year limitation, and shall directly reimburse each appropriation for the amount paid out of that appropriation for any expenses incurred by U.S. Customs and Border Protection in providing U.S. Customs and Border Protection services and any other costs incurred by U.S. Customs and Border Protection relating to such services.
“(6) Termination.—The Commissioner shall terminate the provision of services pursuant to an agreement entered into under paragraph (1) with a private sector or government entity that, after receiving notice from the Commissioner that a fee imposed under paragraph (4) 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 reimbursed, will become immediately due and payable. Interest on unpaid fees will accrue based on current Treasury borrowing rates. Additionally, any private sector or government entity that, after notice and demand for payment of any fee charged under paragraph (4), 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 amount collected pursuant to any agreement entered into under paragraph (1) shall be deposited into the account specified under paragraph (5) and shall be available as described therein.
“(7) Notification.—The Commissioner shall notify the Congress 15 days prior to entering into any agreement under paragraph (1) and shall provide a copy of such agreement.
“(f) Donations.—“(1) In general.—Subject to paragraph (2), the Commissioner and the Administrator may, during the pilot program described in subsection (a), accept a donation of real or personal property (including monetary donations) or nonpersonal services from any private sector or government entity with which U.S. Customs and Border Protection has entered into a partnership.
“(2) Allowable uses of donations.—The Commissioner and the Administrator, with respect to any donation provided pursuant to paragraph (1), may—“(A) use such donation for necessary activities related to the construction, alteration, operation, or maintenance of an existing port of entry facility under the jurisdiction, custody, and control of the Commissioner, including expenses related to—“(i) land acquisition, design, construction, repair and alteration;
“(ii) furniture, fixtures, and equipment;
“(iii) the deployment of technology and equipment; and
“(iv) operations and maintenance; or
“(B) transfer such property or services to the Administrator for necessary activities described in subparagraph (A) related to a new or existing port of entry under the jurisdiction, custody, and control of the Administrator, subject to chapter 33 of title 40, United States Code. Such transfer shall not be required for personal property, including furniture, fixtures, and equipment.
“(3) Consultation and budget.—“(A) With the private sector or government entity.—To accept a donation described in paragraph (1), the Commissioner and the Administrator shall—“(i) consult with the appropriate stakeholders and the private sector or government entity that is providing the donation and provide such entity with a description of the intended use of such donation; and
“(ii) submit to the Committee on Appropriations, the Committee on Homeland Security, and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Appropriations, the Committee on Homeland Security and Governmental Affairs, and the Committee on Environment and Public Works of the Senate a report not later than one year after the date of enactment of this Act [Jan. 17, 2014], and annually thereafter, that describes— “(I) the accepted donations received under this subsection;
“(II) the ports of entry that received such donations; and
“(III) how each donation helped facilitate the construction, alternation [sic], operation, or maintenance of a new or existing land port of entry.
“(B) Savings provision.—Nothing in this paragraph may be construed to—“(i) create any right or liability of the parties referred to in subparagraph (A); or
“(ii) affect any consultation requirement under any other law.
“(4) Evaluation procedures.—Not later than 180 days after the date of the enactment of this Act, the Commissioner, in consultation with the Administrator, shall establish procedures for evaluating a proposal submitted by a private sector or government entity to make a donation of real or personal property (including monetary donations) or nonpersonal services under paragraph (1) relating to a port of entry under the jurisdiction, custody and control of the Commissioner or the Administrator and make any such evaluation criteria publicly available.
“(5) Considerations.—In determining whether or not to approve a proposal referred to in paragraph (4), the Commissioner or the Administrator shall consider—“(A) the impact of such proposal on the port of entry at issue and other ports of entry on the same border;
“(B) the potential of such proposal to increase trade and travel efficiency through added capacity;
“(C) the potential of such proposal to enhance the security of the port of entry at issue;
“(D) the funding available to complete the intended use of a donation under this subsection, if such donation is real property;
“(E) the costs of maintaining and operating such donation;
“(F) whether such donation, if real property, satisfies the requirements of such proposal, or whether additional real property would be required;
“(G) an explanation of how such donation, if real property, was secured, including if eminent domain was used;
“(H) the impact of such proposal on staffing requirements; and
“(I) other factors that the Commissioner or Administrator determines to be relevant.
“(6) Unconditional monetary donations.—A monetary donation shall be made unconditionally, although the donor may specify—“(A) the port of entry facility or facilities to be benefitted from such donation; and
“(B) the timeframe during which such donation shall be used.
“(7) Supplemental funding.—Real or personal property (including monetary donations) or nonpersonal services donated pursuant to paragraph (1) may be used in addition to any other funding (including appropriated funds), property, or services made available for the same purpose.
“(8) Return of donations.—If the Commissioner or the Administrator does not use the real property or monetary donation donated pursuant to paragraph (1) for the specific port of entry facility or facilities designated by the donor or within the timeframe specified by the donor, such donated real property or money may be returned to the donor. No interest shall be owed to the donor with respect to any donation of funding provided under such paragraph (1) that is returned pursuant to this paragraph.
“(9) Savings provision.—Nothing in this subsection may be construed to affect or alter the existing authority of the Commissioner or the Administrator to construct, alter, operate, and maintain port of entry facilities.
“(g) Annual Reports.—The Commissioner, in collaboration with the Administrator, shall annually submit to the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Environment and Public Works of the Senate a report on the pilot program and activities undertaken pursuant thereto in accordance with this Act [div. F of [Pub. L. 113–76], see Tables for classification].
“(h) Definitions.—In this section—“(1) the term ‘private sector entity’ means any corporation, partnership, trust, association, or any other private entity, or any officer, employee, or agent thereof;
“(2) the term ‘Commissioner’ means the Commissioner of U.S. Customs and Border Protection; and
“(3) the term ‘Administrator’ means the Administrator of General Services.
“(i) Role of General Services Administration.—Under this section, collaboration with the Administrator of General Services is required only with respect to partnerships at land ports of entry.”
[[Pub. L. 114–4, title V, § 552(a)(2)], Mar. 4, 2015, [129 Stat. 71], which directed amendment of subsection “(e)(3)(b)” of section 559 of division F of [Public Law 113–76], set out above, by inserting “and the salaries, training and benefits of individuals employed by U.S. Customs and Border Protection to support U.S. Customs and Border Protection officers in performing law enforcement functions at ports of entry, including primary and secondary processing of passengers” after “payment of overtime”, was executed by making the insertion in subsection (e)(3)(B) of section 559 of division F of [Public Law 113–76], to reflect the probable intent of Congress.]