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

(a) Personal property donation authority: (1) CBP's Commissioner, in consultation with the Administrator of General Services, may agree with any entity to accept a donation of personal property, money, or nonpersonal services — but only for (A) a new or existing sea or air port of entry; (B) an existing federally owned or leased land port of entry; or (C) a new federally owned or leased land port of entry, if the donation's fair market value is $75,000,000 or less, and total donations for that port over the preceding five years are also $75,000,000 or less. (2) Any monetary donation accepted this way cannot be used to pay the salaries of CBP employees who perform inspection services. (3) These donations may be used for Office of Field Operations activities listed in section 211(g)(3)(A)-(F), related to the port, including (A) furniture, fixtures, equipment, or technology, including installing or deploying it, and (B) operating and maintaining those items. (b) Real property donation authority: (1) Subject to paragraph (3), CBP's Commissioner and the GSA Administrator, as applicable, may agree with any entity to accept a donation of real property or money — again only for (A) a new or existing sea or air port of entry, (B) an existing federally owned land port of entry, or (C) a new federally owned land port of entry meeting the same $75,000,000 fair-market-value limits as subsection (a). (2) These donations may be used for Office of Field Operations activities under section 211(g) related to building, altering, operating, or maintaining the port, including (A) land acquisition, design, construction, repair, or alteration, and (B) operating and maintaining the facility. (3) A donation of real property at an existing GSA-owned land port of entry may only be accepted by the GSA Administrator. (4)(A) This real-property donation authority ends on December 31, 2026. (B) That end date does not apply to a proposal that CBP or GSA had already accepted for consideration, or one from a prior pilot program, before that date. (c) General provisions: (1) An agreement under (a) or (b) may last as long as needed to meet its terms (following (b)(4)'s sunset rule where it applies). (2) CBP, with GSA, must set criteria for (A) selecting and evaluating donors; (B) identifying roles and responsibilities among CBP, GSA, and donors; (C) identifying and managing the risks of the partnership; (D) decision-making and dispute resolution; and (E) letting CBP or GSA end an agreement if a donor is not meeting its terms, including CBP's security standards. (3)(A) CBP, with GSA as applicable, must set public criteria for evaluating proposals. (B) Those criteria must consider (i) the proposal's impact on the port at issue and on nearby ports, facilities, or infrastructure; (ii) its potential to increase trade and travel efficiency; (iii) its potential to enhance port security; (iv) its effect on reducing wait times at that port and others on the same border; (v) for real-property donations, whether the donation meets the proposal's needs or more property would be required, and how the donation was acquired, including whether eminent domain was used; (vi) available funding to complete the intended use; (vii) the cost of maintaining and operating the donation; (viii) the impact on CBP staffing needs; and (ix) any other relevant factor. (C)(i) Within 60 days of receiving a proposal, CBP must tell the entity whether it is complete or incomplete; if incomplete, CBP must explain what is missing and let the entity resubmit. (ii) Within 180 days of receiving a complete proposal, CBP, with GSA's agreement as applicable, must decide whether to approve or deny it and notify the entity. (4) Except as section 3307 of title 40 requires, real property donations to GSA at a GSA-owned land port may supplement other funding for that purpose, including appropriated funds, property, or services. (5) CBP or GSA may return any donation made under (a) or (b); no interest is owed on a returned donation. (6)(A) Except for accepting donations under (a) or (b), CBP and GSA may not obligate or spend more than what has been appropriated or otherwise made available for these purposes. (B) Before accepting donations, CBP must certify to the congressional committees in (7) that (i) the donation will not fund a detention facility or a border fence or wall, and (ii) the donor will be told, in the donation agreement, that the donor is financially responsible for the donated real property's costs and upkeep until CBP gives written notice otherwise. (7) CBP, with GSA, must send an annual report on these activities and agreements to ten named congressional committees: the Senate Committees on Appropriations, Environment and Public Works, Finance, Homeland Security and Governmental Affairs, and the Judiciary; and the House Committees on Appropriations, Homeland Security, the Judiciary, Transportation and Infrastructure, and Ways and Means. (d) GAO report: The Comptroller General must send the same congressional committees a report every two years evaluating (1) fee agreements made under section 301 of this title, (2) donation agreements made under (a) and (b), and (3) the fees and donations CBP actually received under those agreements. (e) Judicial review: Decisions by CBP's Commissioner or the GSA Administrator about accepting real or personal property donations under this section are entirely within their discretion and cannot be challenged in court. (f) Rule of construction: Except as this section otherwise provides, nothing in it changes CBP's or GSA's other responsibilities, duties, or authorities.