6 U.S.C. § 301 — Fee agreements for certain services at ports of entry

(a) In general: The Commissioner of U.S. Customs and Border Protection (CBP), notwithstanding two other statutes, may sign a fee agreement with any entity that asks for one. Under the agreement: (1) CBP provides the services described in (b) at a U.S. port of entry or any other facility where CBP provides or will provide those services; (2) the entity pays CBP a fee under (h) equal to the full cost of providing those services; and (3) if the entity supplies the space, it must maintain and equip each facility to CBP's specifications, at no cost to the federal government. (b) Services described: These are activities by any CBP employee or Office of Field Operations contractor — except U.S. Border Patrol employees — related to or supporting customs, agricultural processing, border security, or immigration inspection matters at a port of entry or other CBP facility. (c) Modifying prior agreements: If an entity already had a fee-reimbursement agreement in effect on December 16, 2016, CBP's Commissioner may, at that entity's request, modify the agreement to apply this section's provisions. (d) Limitations: (1) CBP (A) may only sign fee agreements for services that will increase or improve CBP's operating capacity given its available staffing and workload, and that will not shift costs already funded by an appropriations act, or by a fee-based Treasury account, onto entities under this chapter; and (B) may not sign an agreement that would unduly and permanently affect services funded by an appropriations act or a fee-based account. (2) There is no limit on how many fee agreements CBP may sign. (e) Air ports of entry: (1) Except as this subsection otherwise allows, a fee agreement for services at an airport may only cover overtime costs for CBP officers and the salaries and expenses of CBP employees supporting those officers. (2) But if the airport has fewer than 100,000 arriving international passengers a year, CBP may receive reimbursement beyond overtime costs. (3) At those smaller airports, the agreement may also cover reimbursement for (A) salaries and expenses of up to five additional full-time-equivalent CBP officers, beyond the number already assigned when the agreement was signed; (B) salaries and expenses of other CBP employees supporting those officers in law enforcement work; and (C) other related CBP costs, such as temporarily or permanently relocating employees, including relocation incentive pay. (f) Port of entry size: CBP must give every fee agreement proposal equal consideration, regardless of the size of the port of entry. (g) Denied applications: (1) If CBP's Commissioner denies a fee agreement proposal, the Commissioner must give the entity the reason for the denial — unless the reason is law-enforcement sensitive, or withholding it serves U.S. national security interests. (2) The Commissioner's decisions under (1) are entirely up to the Commissioner's discretion and cannot be challenged in court. (h) Fee: (1) Each entity requesting CBP services must pay a fee equal to the full cost of providing those services, including salaries and expenses of CBP employees and contractors, plus other related costs, such as relocating employees or contractors. (2) CBP's Commissioner may require this fee to be paid in advance of the services. (3) CBP's Commissioner must set up a process to oversee fee-charged services, including (A) determining and reporting the full cost of the services and raising fees when necessary; (B) setting a regular payment schedule to replenish the relevant appropriations, accounts, or funds; and (C) identifying what costs the fees are paying for. (i) Deposit of funds: (1) Money collected under a fee agreement (A) is deposited as offsetting collections; (B) stays available until spent, with no yearly expiration; and (C) is credited back to the appropriation, account, or fund that paid for CBP's expenses in providing the services and related costs. (2) CBP's Commissioner must return unused funds if a fee agreement is terminated for any reason, or if the parties mutually agree to reduce CBP's services — no interest is owed on money returned this way. (j) Termination: (1) CBP's Commissioner must end services under an agreement if an entity, after being notified that a fee is due, fails to pay it on time; if that happens, all unpaid CBP costs become immediately due, and interest accrues at the rate set under sections 6621 and 6622 of title 26. (2) An entity that still fails to pay after notice and demand owes a penalty equal to twice the unpaid fee amount; that penalty money goes into the account described in (i) and is available the same way. (3) An entity with an agreement from before December 16, 2016, or one made under this section, may ask to amend it to allow termination on agreed advance notice, length, and terms. (k) Annual report: CBP's Commissioner must (1) send an annual report on activities and agreements under this section to eight named congressional committees — the Senate Committees on Appropriations, Finance, Homeland Security and Governmental Affairs, and the Judiciary, and the House Committees on Appropriations, Homeland Security, the Judiciary, and Ways and Means — and (2) notify, at least 15 days before signing a fee agreement, the members of Congress who represent the state or district where the affected port or facility is located. (l) Rule of construction: Nothing in this section gives CBP any new responsibilities, duties, or authority over real property.