H. R. 3547—277 
(D) A plan detailing the type and source of data nec-
essary 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, main-
tained, 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 para-
graph are any activities of any employee or contractor of U.S. 
Customs and Border Protection pertaining to customs, agricul-
tural 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 sub-
section 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 reimburs-
able fee agreements for costs other than payment of over-
time. 
(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 Protec-
tion-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
H. R. 3547—278 
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 Protec-
tion 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 para-
graph (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 Con-
gress 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 Commis-
sioner 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 serv-
ices from any private sector or government entity with which 
U.S. Customs and Border Protection has entered into a partner-
ship. 
(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,
H. R. 3547—279 
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 Adminis-
trator 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, sub-
ject to chapter 33 of title 40, United States Code. 
(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 pro-
viding 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 Com-
mittee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Appro-
priations, the Committee on Homeland Security and 
Governmental Affairs, and the Committee on Environ-
ment and Public Works of the Senate a report not 
later than one year after the date of enactment of 
this Act, and annually thereafter, that describes— 
(I) the accepted donations received under this 
subsection; 
(II) the ports of entry that received such dona-
tions; and 
(III) how each donation helped facilitate the 
construction, alternation, operation, or mainte-
nance 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 proce-
dures 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 serv-
ices 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 pub-
licly available. 
(5) CONSIDERATIONS.—In determining whether or not to 
approve a proposal referred to in paragraph (4), the Commis-
sioner or the Administrator shall consider—
H. R. 3547—280 
(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 secu-
rity 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 dona-
tion; 
(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 prop-
erty, was secured, including if eminent domain was used; 
(H) the impact of such proposal on staffing require-
ments; and 
(I) other factors that the Commissioner or Adminis-
trator 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 serv-
ices made available for the same purpose. 
(8) RETURN OF DONATIONS.—If the Commissioner or the 
Administrator does not use the real property or monetary dona-
tion 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 prop-
erty 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 Infra-
structure 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 accord-
ance with this Act. 
(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;