6 U.S.C. § 301a: Port of entry donation authority

A new or existing sea or air port of entry. An existing Federal Government-owned or -leased land port of entry. the fair market value of the donation is $75,000,000 or less; and 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. Any monetary donation accepted pursuant to this subsection may not be used to pay the salaries of U.S. Customs and Border Protection employees performing inspection services. furniture, fixtures, equipment, or technology, including the installation or deployment of such items; and the operation and maintenance of such furniture, fixtures, equipment, or technology. A new or existing sea or air port of entry. An existing Federal Government-owned land port of entry. the fair market value of the donation is $75,000,000 or less; and 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. land acquisition, design, construction, repair, or alteration; and operation and maintenance of such port of entry facility. A donation of real property under this subsection at an existing land port of entry owned by the General Services Administration may only be accepted by the Administrator of General Services. The authority to enter into an agreement under this subsection shall terminate on December 31, 2026 . The termination date referred to in subparagraph (A) shall not apply to a proposal accepted for consideration by U.S. Customs and Border Protection or the General Services Administration pursuant to this section or a prior pilot program prior to such termination date. An agreement entered into under subsection (a) or (b) (and, in the case of such subsection (b), in accordance with paragraph (4) of such subsection) may last as long as required to meet the terms of such agreement. the selection and evaluation of donors; the identification of roles and responsibilities between U.S. Customs and Border Protection, the General Services Administration, and donors; the identification, allocation, and management of explicit and implicit risks of partnering between the Federal Government and donors; decision-making and dispute resolution processes; and 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. establish criteria for evaluating a proposal to enter into an agreement under subsection (a) or (b); and make such criteria publicly available. 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; such proposal’s potential to increase trade and travel efficiency through added capacity; such proposal’s potential to enhance the security of the port of entry at issue; 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; whether such donation satisfies the requirements of such proposal, or whether additional real property would be required; and how such donation was acquired, including if eminent domain was used; the funding available to complete the intended use of such donation; the costs of maintaining and operating such donation; the impact of such proposal on U.S. Customs and Border Protection staffing requirements; and other factors that the Commissioner or Administrator determines to be relevant. Not later than 60 days after receiving the proposals for a donation agreement from an entity, the Commissioner of U.S. Customs and Border Protection shall notify such entity as to whether such proposal is complete or incomplete. 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 allow the entity to resubmit the proposal with additional information and material described in item (aa) to complete the proposal. determine whether to approve or deny such proposal; and notify the entity that submitted such proposal of such determination. Except as required under section 3307 of title 40 , real property donations to the Administrator of General Services made pursuant to subsection 1 (a) and 1 (b) at a GSA-owned land port of entry may be used in addition to any other funding for such purpose, including appropriated funds, property, or services. The Commissioner of U.S. Customs and Border Protection, or the Administrator of General Services, as applicable, may return any donation made pursuant to subsection (a) or (b). No interest shall be owed to the donor with respect to any donation provided under such subsections that is returned pursuant to this subsection. Except as provided in subsections (a) and (b) regarding the acceptance of donations, the Commissioner of U.S. Customs and Border Protection and the Administrator of General Services, as applicable, may not, with respect to an agreement entered into under either of such subsections, obligate or expend amounts in excess of amounts that have been appropriated pursuant to any appropriations Act for purposes specified in either of such subsections or otherwise made available for any of such purposes. the donation will not be used for the construction of a detention facility or a border fence or wall; and 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. the Committee on Appropriations of the Senate; the Committee on Environment and Public Works of the Senate; the Committee on Finance of the Senate; the Committee on Homeland Security and Governmental Affairs of the Senate; the Committee on the Judiciary of the Senate; the Committee on Appropriations of the House of Representatives; the Committee on Homeland Security of the House of Representatives; the Committee on the Judiciary of the House of Representatives; the Committee on Transportation and Infrastructure of the House of Representatives; and the Committee on Ways and Means of the House of Representatives. fee agreements entered into pursuant to section 301 of this title ; donation agreements entered into pursuant to subsections (a) and (b); and the fees and donations received by U.S. Customs and Border Protection pursuant to such agreements. Decisions of the Commissioner of U.S. Customs and Border Protection and the Administrator of General Services under this section regarding the acceptance of real or personal property are in the discretion of the Commissioner and the Administrator and are not subject to judicial review. 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.