U.S. DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
CBP DIRECTIVE NO. 2130-035

EFFECTIVE DATE: November 28, 2023
ORIGINATING OFFICE: OFAM
SUPERSEDES: 5260-007B
REVIEW DATE: November 28, 2026

CBP National Parking Directivet.
PURPOSE. This Directive establishes the U.S. Customs and Border Protection (CBP)
policy concerning the use of appropriated funds to procure and subsidize parking for federal
employees who commute to work in privately-owned vehicles (POVs) and to procure parking for
Government-owned vehicles (GOVs) and Government-leased vehicles. This Directive alsoestablishes CBP policy for parking POVs and GOVs at both government-owned and leasedlocations.
2.
SCOPE. This Directive applies to all CBP federal employees. This Directive applies toparking POVs and GOVs at government-owned or leased facilities and the procurement ofcommercial parking for POVs.
3.
AUTHORITIES/REFERENCES. In addition to the authorities listed in OHS Parking
Directive No. 123-01, Revision No. 01, this Directive relies upon the following:
3.1

31 U.S.C. § 3701 et. seq., Debt Collection Improvement Act of 1996 (DCIA)

3.2

40 U.S.C. § 586, Charges for Space and Services

3.3

19 U.S.C. § 1524, Deposit of Reimbursable Charges

3.4

6 C.F.R. § l l .4(c), Collection by Administrative Offset

3.5

26 C.F.R. § 1.132-9, Qualified Transportation Fringes

3.6

31 C.F.R. Part 901, Standards for the Administrative Collection of Claims

3.7

41 C.F.R. § 102-74.265-102-74.310, Parking Facilities

3.8

Publication 15-B - Internal Revenue Service - Employer's Tax Guide to Fringe Benefits

3.9Title 1 of the Americans with Disabilities Act of 1990 (ADA), as amended

3.10 Comptroller General decisions on parking, including, Matter of U.S. International Trade
Commission-Use ofAppropriated Funds to Subsidize Employee Parking Permits, B-322337(Aug. 3, 2012)
3.11

GSA Public Building Service Leasing Desk Guide

3.12

OHS Directive No. 123-01, OHS Parking Program Directive (June 15, 2022)

3. I3

CBP Fiscal Year 2022 Purchase Card Manual, or, if updated, the most recent version

3.14

Public Transportation Incentive Program (PTIP) Handbook, HB 5250-016 (May 2020)

3. I 5

CBP Directive 5250-004, Pre-Tax Parking Benefit (February I 0, 20 I 2)

3.16 CBP Directive 51713-00?B, Reasonable Accommodation Procedures for Applicants andEmployees with Disabilities (March 3 I, 2022)

4.

RESPONSIBILITIES.

4. I

Assistant Commissioner, Office of Facilities and Asset Management (0 FAM)
4. I. I Responsible for the issuance, implementation, and enforcement of parking policy
for CBP. In addition, AC OFAM coordinates subsidized parking requirements with theDHS Chief Readiness Support Officer (CRSO) and General Services Administration(GSA) on behalf of CBP Offices.

4.2

Parking Program Administrator
4.2. I Responsible for daily administration of the CBP Parking Program, policies,procedures, program communications, and processing employee parking applications.

4.3

Executive Assistant Commissioner <EAC) or their equivalent or their designees.
4.3. I

4.4

Responsible for enforcing this policy in their respective Offices.

Office Parking Liaisons.
4.4. I Responsible to ensure that their operating guidelines and policies are consistent
with this Directive.

4.5

CBP Medical & Fitness Branch.
4.5.1 Responsible for validating the authenticity of letter(s) from an employee's treating
healthcare provider(s), which is a part of the certification process for disabled employee
parking.

4.6

Office Senior Acquisition Officials.
4.6. I Ensure that contract files for commercial parking procurements include, anddocument all required approvals for the expenditure of appropriated funds on parking for
POVs and GOVs. Contracting Officers (COs) and Contracting Officer's Representatives(CORs) also have responsibility for this.

4.7

CBP Federal Employees.
4.7.1 Ensure all information contained in their parking permit application is accurate andupdated as necessary to seek renewal prior to expiration. Employees may not concurrently
participate in any parking programs and a transit subsidy program.

S.

POLICY AND REQUmEMENTS.

Commercial Parking
General. It is the responsibility of employees to furnish their own transportation to and5 .1
from their place of employment unless an employee is approved to utilize government providedmeans of transportation through a Home-to-Work authorization. Should an employee use a POV
to commute to work, the Government, in general, is prohibited from using appropriated funding
to procure subsidized parking for the employee's POV except when a Determination andFindings (D&F) has been developed for that specific location, submitted by OFAM to the OHS
CRSO, and is approved by the CRSO. All D&Fs shall be coordinated through the CBP Parking
Program, managed by the OFAM Mission Support Facilities (MSF) Division.
5.1.1 Determination and Findings (D&F). As part of the parking contract procurement
process, a D&F is required prior to procuring parking at commercial facilities and/orexecuting any parking contract option period. This requirement pertains to bothgovernment and privately owned vehicles. A separate D&F is required for each physicallocation. The D&F must be submitted to CRSO for approval at a minimum of eight weeks
prior to beginning of the parking contract's base period and each subsequent option period.
Appropriated funds may be used to procure such POV parking when the D&F has been
properly developed and coordinated through the CBP Parking Program Administrator,submitted by OFAM to the OHS CRSO, and is approved by the CRSO. If CBP determinesthat a lack of POV parking for its employees will significantly impair the agency's
operating efficiency and is detrimental to the hiring and retention of personnel, thenappropriated funds may be used to procure parking for POVs if approved by the CRSO.
The D&F must be submitted to the CBP Parking Program Administrator by the Executive
Assistant Commissioner (or their equivalent or their designee(s)) of the CBP Office(s) inneed of subsidized parking. 0 FAM will coordinate with CRSO on D&F review andapproval.
5.1.2 Required Analysis for D&F. All CBP Offices seeking to procure commercial
parking for POVs are required to explain in writing to the consequences for operating
efficiency if CBP does not pay for employee parking. The following factors must be
considered as part of the analysis: (I ) daily hours of employment; (2) amount of likely
overtime; (3) frequency of public transportation during peak hours; (4) cost of publictransportation; (5) location of residences of majority of workforce and commuting time; (6)available parking in area; (7) other relevant factors including safety of employees using
public transportation; (8) the impact on air quality; (9) traffic congestion; (I 0) energy
conservation (public policy initiatives); (11) promotion of ridesharing; (12) policy ofproviding transit benefits to encourage mass transit use; (13) telework; (14) flexible workschedules; (15) recruitment tools; and (16) subsidized parking by non-federal employees.
CBP Offices need not engage in the same level of analysis to obtain commercial parking
for Government-owned or leased vehicles. For GOVs, the D&F should address thefollowing factors: (I ) purpose of request for GOV parking; (2) location of CBP worksite;(3) number of GOVs requiring parking.
5.2

Disabled Employee Parking
5.2.1 Requirements. As defined in 41 C.F.R. § 102-71.20, a disabled employee means anemployee who has a severe, pennanent impainnent that for all practical purposes precludes
the use of public transportation, or an employee who is unable to operate a car as a result ofpennanent impainnent and who is driven to work by another.
5.2.1.1 Along with the parking pennit application, the employee must submit aletter or memorandum signed by their treating healthcare provider,affirming said employee has a severe, pennanent impainnent consistent
with the above stated definition.
5.2.1.2 The healthcare provider's letter should not include any medical diagnosis
or other HIPAA related infonnation.
5.2.1.3

The treating healthcare provider must be a licensed healthcare provider inthe state in which the letter is issued.

5.2.2 Certification Process.
5.2.2.1 Employee must submit to the CBP Parking Program Administrator
mailbox a completed parking pennit application and letter signed by theirtreating healthcare provider.
5.2.2.2 The CBP Parking Program Administrator shall send an electronic copy of
the treating healthcare provider's letter to the CBP Medical & Fitness
Branch.
5.2.2.3 The CBP Medical & Fitness Branch shall contact the treating healthcare
provider's office to validate the employee is a patient of the treating
healthcare provider who signed the letter.
5.2.2.4 Upon receiving such confirmation from the treating healthcare provider's
office, the CBP Medical & Fitness Branch shall reply by email to the CBP
Parking Program Administrator affinning the validation of the letter.
5.2.2.5 Upon receipt of the validation from the CBP Medical & Fitness Branch,
the CBP Parking Program Administrator shall process the employee's
application in accordance with this Directive and any applicable location­
specific parking policy (e.g., National Capital Region Parking Handbook).
5.2.2.6 The CBP Parking Program Administrator reserves the right to require an
employee to recertify that the employee meets the requirements fordisabled employee parking.
5.2.3 Fiscal Law Requirements. Appropriated funds may be used to pay the amount adisabled employee pays in excess of the amount paid by a non-disabled employee forcommercial parking in a comparable location as defined in Use of Appropriated Funds to
Pay Commercial Parking Costs of Severely Disabled Employees, 8-211812, (Comp. Gen.
Mar. 26, 1984). Funding for disabled employee parking is available for applicants who arefonnally approved for parking as disabled employees, as defined in 41 C.F.R. § 102-71.20,
by the above-described CBP process and for the tenns specified in their certification.
Separate and apart from the appropriated funds used to pay the excess amount of parking

costs described above, subsidized POV parking for disabled employees is established in thesame way as subsidized POV parking for non-disabled employees is established (i.e., aCRSO-approved D&F).
5.3
Vanpools and Carpools. CBP is authorized to subsidize parking for vanpools that areregistered with the region's transit authority (e.g., Washington Metropolitan Area TransitAuthority). CBP Offices are also authorized to provide parking for carpools which are vehicles
that have two or more passengers (including the driver) traveling to a work location.
5.4
Procuring Parking Facilities for POVs. CBP Offices that require POV parking should
first seek to use Government-owned or leased facilities prior to procuring additional POVparking space. Upon approval of a D&F by the CRSO, if GSA can provide parking, GSA will
designate parking to fulfill the request. If GSA cannot provide parking, GSA shall authorize theuse of CBP's procurement authority to acquire parking by service contract. All associateddocumentation shall be maintained in the contract file.
5.5
Procuring Parking Facilities for GOVs. Commercial parking may be procured asnecessary for Government-owned or leased vehicles through the facility lease process or directcontract from CBP Procurement.
5.6
Reasonable Accommodations. An employee must qualify under the Rehabilitation Act of1973 and the stipulations of Privacy and Diversity Office (PDO) Directive No. 51713-0078.
Absent an undue hardship, or a direct threat, the Agency must provide a reasonableaccommodation in the following situations: when an applicant with a disability requires areasonable accommodation to enable him or her to apply for a job; when a qualified employeewith a disability requires a reasonable accommodation to enable him or her to perform theessential functions of the job; and, when a qualified employee with a disability requires areasonable accommodation to enjoy equal benefits and privileges of employment. CBPemployees requesting reasonable accommodation should contact their immediate supervisor or(b) (7)(E)
the Privacy and Diversity Office (PDO) atThe
Deciding Official or designee must coordinate with the CBP Parking Program to assess theavailability of parking or the steps necessary to procure additional parking as needed. If a CBPemployee is assigned a POV parking space as a reasonable accommodation, the CBP employee
remains responsible for POV parking costs, but CBP may use its appropriated funds to pay theamount that the disabled employee, as defined in 41 C.F.R. § 102-71.20, pays in excess of theamount paid by a non-disabled employee for commercial parking in a comparable location asdescribed in Section V.A.2 above.
Parking GOVs/POVs at Government Owned or Leased Facilities
5.7

Parking priority is governed by 41 C.F.R. §§ 102-74.285 and 102-74.305.

5.8
In accordance with 41 C.F.R. § 102-74.305, if parking is available at a government
owned and/or leased facility, parking allocations will begin with allocating parking spaces for thefollowing categories in the order outlined below:
5.8.1 Official Vehicles (i.e., GOVs).

8.

APPROVAL AUTHORITY.

Troy�r=�\Senior Official Performing the Duties of the Commissioner
U.S. Customs and Border Protection

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