View all text of Part G [§ 301 - § 301c]
§ 301. Fee agreements for certain services at ports of entry
(a) In generalNotwithstanding section 58c(e) of title 19 and section 1451 of title 19, the Commissioner of U.S. Customs and Border Protection, upon the request of any entity, may enter into a fee agreement with such entity under which—
(1) U.S. Customs and Border Protection shall provide services described in subsection (b) at a United States port of entry or any other facility at which U.S. Customs and Border Protection provides or will provide such services;
(2) such entity shall remit to U.S. Customs and Border Protection a fee imposed under subsection (h) in an amount equal to the full costs that are incurred or will be incurred in providing such services; and
(3) if space is provided by such entity, each facility at which U.S. Customs and Border Protection services are performed shall be maintained and equipped by such entity, without cost to the Federal Government, in accordance with U.S. Customs and Border Protection specifications.
(b) Services described
(c) Modification of prior agreements
(d) Limitations
(1) Impacts of servicesThe Commissioner of U.S. Customs and Border Protection—
(A) may enter into fee agreements under this section only for services that—
(i) will increase or enhance the operational capacity of U.S. Customs and Border Protection based on available staffing and workload; and
(ii) will not shift the cost of services funded in any appropriations Act, or provided from any account in the Treasury of the United States derived by the collection of fees, to entities under this chapter; and
(B) may not enter into a fee agreement under this section if such agreement would unduly and permanently impact services funded in any appropriations Act, or provided from any account in the Treasury of the United States, derived by the collection of fees.
(2) Number
(e) Air ports of entry
(1) Fee agreement
(2) Small airports
(3) Covered servicesIn addition to costs described in paragraph (1), a fee agreement for U.S. Customs and Border Protection services at an air port of entry referred to in paragraph (2) may provide for the reimbursement of—
(A) salaries and expenses of not more than five full-time equivalent U.S. Customs and Border Protection Officers beyond the number of such officers assigned to the port of entry on the date on which the fee agreement was signed;
(B) salaries and expenses of employees of U.S. Customs and Border Protection, other than the officers referred to in subparagraph (A), to support U.S. Customs and Border Protection officers in performing law enforcement functions; and
(C) other costs incurred by U.S. Customs and Border Protection relating to services described in subparagraph (B), such as temporary placement or permanent relocation of employees, including incentive pay for relocation, as appropriate.
(f) Port of entry size
(g) Denied application
(1) In generalIf the Commissioner of U.S. Customs and Border Protection denies a proposal for a fee agreement under this section, the Commissioner shall provide the entity submitting such proposal with the reason for the denial unless—
(A) the reason for the denial is law enforcement sensitive; or
(B) withholding the reason for the denial is in the national security interests of the United States.
(2) Judicial review
(h) Fee
(1) In general
(2) Timing
(3) Oversight of feesThe Commissioner of U.S. Customs and Border Protection shall develop a process to oversee the services for which fees are charged pursuant to an agreement under subsection (a), including—
(A) a determination and report on the full costs of providing such services, and a process for increasing such fees, as necessary;
(B) the establishment of a periodic remittance schedule to replenish appropriations, accounts, or funds, as necessary; and
(C) the identification of costs paid by such fees.
(i) Deposit of funds
(1) AccountFunds collected pursuant to any agreement entered into pursuant to subsection (a)—
(A) shall be deposited as offsetting collections;
(B) shall remain available until expended without fiscal year limitation; and
(C) shall be credited to the applicable appropriation, account, or fund for the amount paid out of such appropriation, account, or fund for any expenses incurred or to be incurred by U.S. Customs and Border Protection in providing U.S. Customs and Border Protection services under any such agreement and any other costs incurred or to be incurred by U.S. Customs and Border Protection relating to such services.
(2) Return of unused funds
(j) Termination
(1) In general
(2) Penalty
(3) Termination by the entity
(k) Annual reportThe Commissioner of U.S. Customs and Border Protection shall—
(1) submit an annual report identifying the activities undertaken and the agreements entered into pursuant to this section to—
(A) the Committee on Appropriations of the Senate;
(B) the Committee on Finance of the Senate;
(C) the Committee on Homeland Security and Governmental Affairs of the Senate;
(D) the Committee on the Judiciary of the Senate;
(E) the Committee on Appropriations of the House of Representatives;
(F) the Committee on Homeland Security of the House of Representatives;
(G) the Committee on the Judiciary of the House of Representatives; and
(H) the Committee on Ways and Means of the House of Representatives; and
(2) not later than 15 days before entering into a fee agreement, notify the members of Congress that represent the State or Congressional District in which the affected port of entry or facility is located of such agreement.
(l) Rule of construction
(Pub. L. 107–296, title IV, § 481, as added Pub. L. 114–279, § 2(a), Dec. 16, 2016, 130 Stat. 1413.)