On December 16, 2016, section 2 of the Cross-Border Trade Enhancement Act of 2016, P.L. 114-279, amended title IV of the Homeland Security Act of 2002 to, among other things, add a new section 482, which jointly authorized CBP and GSA to accept real property, personal property, monetary, and non-personal services donations from private sector and government entities (Section 482). Donations accepted under Section 482 may be used for port of entry construction, alteration, operation, or maintenance purposes, including land acquisition, design and the deployment of equipment and technologies. Section 482 supplanted section 559 of the Consolidated Appropriations Act of 2014, P.L. 113-76 (Section 559); however, it did not affect any agreement entered into, or any proposal accepted for consideration, under Section 559 on or before December 15, 2016.
Subparagraph (c)(3) of Section 482 requires that CBP, in consultation with GSA, establish criteria for evaluating donation proposals and make such criteria available to the public. CBP and GSA have coordinated closely since enactment to meet these requirements. This document is the culmination of CBP and GSA’s coordinated efforts and will serve as the framework for receiving, evaluating, approving, planning, developing, and formally accepting donations proposed under Section 482.