§301 Fee Agreements for Certain Services at Ports of Entry

Summary

The head of U.S. Customs and Border Protection (CBP) can make fee agreements with any group so CBP will provide customs, agricultural, border security, or immigration inspection services at a port of entry or other CBP facility. The group must pay a fee that equals the full cost of those services, including salaries, contractors, and any temporary placement or relocation costs. CBP can require payment in advance. If the group gives CBP space, the group must maintain and equip that space to CBP’s standards at no cost. The services covered are those done by CBP’s Office of Field Operations employees or contractors (not U.S. Border Patrol). The head may change older reimbursement agreements that were in effect on December 16, 2016. CBP may only make agreements that increase CBP’s capacity and do not shift costs already paid by Congress or by fee-funded accounts, and it cannot make agreements that unduly and permanently hurt such funded services. There is no limit on how many agreements CBP can make. For air ports, agreements usually pay only officer overtime and supporting staff, but airports with fewer than 100,000 arriving international passengers a year may get broader reimbursement, including up to five extra full-time officers, support staff pay, and relocation costs. If an application is denied, CBP must give a reason unless it is law-enforcement sensitive or a national security matter; those decisions cannot be reviewed by courts. Fees are deposited as offsetting collections, remain available until spent without fiscal year limit, and are credited to the proper account. If an agreement ends or services are reduced, unused funds must be returned without interest. If an entity fails to pay after notice, CBP will stop services, unpaid costs become due immediately, interest will accrue under sections 6621 and 6622 of title 26, and the entity may owe a penalty equal to two times the fee. CBP must report yearly on these agreements to several congressional committees and must notify the members of Congress for the affected area at least 15 days before entering into a fee agreement. Nothing here makes CBP responsible for real property.