S.Amdt. 1626

SA 1626. Ms. LANDRIEU (for herself, Mr. Carper, and Mr. Begich)
submitted an amendment intended to be proposed to amendment SA 1183
submitted by Mr. Leahy (for himself and Mr. Hatch) to the bill S. 744,
to provide for comprehensive immigration reform and for other purposes;
which was ordered to lie on the table; as follows:

In section 1104 of the amendment, insert after subsection
(c) the following:
(d) Donations for Land Ports of Entry Facilities.--
(1) Donations permitted.--Notwithstanding any other
provision of law, including chapter 33 of title 40, United
States Code, the Secretary, for purposes of constructing,
altering, operating, or maintaining a new or existing land
port of entry facility, may accept donations of real and
personal property (including monetary donations) and
nonpersonal services from private parties and State and local
government entities.
(2) Allowable uses of donations.--The Secretary, with
respect to any donation provided pursuant to paragraph (1),
may--
(A) use such property or services for necessary activities
related to the construction, alteration, operation, or
maintenance of a new or existing land port of entry facility
under the custody and control of the Secretary, including
expenses related to--
(i) land acquisition, design, construction, repair and
alteration;
(ii) furniture, fixtures, and equipment;
(iii) the deployment of technology and equipment; and
(iv) operations and maintenance; or
(B) transfer such property or services to the Administrator
of General Services for necessary activities described in
paragraph (1) related to a new or existing land port of entry
facility under the custody and control of the Administrator.
(3) Evaluation procedures.--Not later than 180 days after
the date of the enactment of this Act, the Secretary, in
consultation with the Administrator, shall establish
procedures for evaluating a proposal submitted by any person
described in paragraph (1) to make a donation of real or
personal property (including monetary donations) or
nonpersonal services to facilitate the construction,
alteration, operation, or maintenance of a new or existing
land port of entry facility under the custody and control of
the Secretary.
(4) Considerations.--In determining whether or not to
approve a proposal described in paragraph (3), the Secretary
or the Administrator shall consider--
(A) the impact of the proposal on reducing wait times at
that port of entry and other ports of entry on the same
border;
(B) the potential of the proposal to increase trade and
travel efficiency through added capacity;
(C) the potential of the proposal to enhance the security
of the port of entry; and
(D) other factors that the Secretary determines to be
relevant.
(5) Consultation.--
(A) Locations for new ports of entry.--The Secretary is
encouraged to consult with the Secretary of the Interior, the
Secretary of Agriculture, the Secretary of State, the
International Boundary and Water Commission, and appropriate
representatives of States, local governments, Indian tribes,
and property owners--
(i) to determine locations for new ports of entry; and
(ii) to minimize the adverse impacts from such ports on the
environment, historic and cultural resources, commerce, and
the quality of life for the communities and residents located
near such ports.
(B) Savings provision.--Nothing in this paragraph may be
construed--
(i) to create any right or liability of the parties
described in subparagraph (A); and
(ii) to affect any consultation requirement under any other
law.
(6) Supplemental funding.--Property (including monetary
donations) and services provided pursuant to paragraph (1)
may be used in addition to any other funding (including
appropriated funds), property, or services made available for
the same purpose.
(7) Unconditional donations.--A donation provided pursuant
to paragraph (1) shall be made unconditionally, although the
donor may specify--
(A) the land port of entry facility or facilities to be
benefitted from such donation; and
(B) the timeframe during which the donated property or
services shall be used.
(8) Return of donations.--If the Secretary or the
Administrator does not use the property or services donated
pursuant to paragraph (1) for the specific land port of entry
facility or facilities designated by the donor or within the
timeframe specified by the donor, such donated property or
services shall be returned to the entity that made the
donation. No interest shall be owed to the donor with respect
to any donation of funding provided under paragraph (1) that
is returned pursuant to this paragraph.
(9) Report.--
(A) In general.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the
Secretary, in consultation with the Administrator, shall
submit a report to the congressional committees listed in
subparagraph (B) that describes--
(i) the accepted donations received under this subsection;
(ii) the ports of entry that received such donations; and
(iii) how each donation helped facilitate the construction,
alteration, operation, or maintenance of a new or existing
land port of entry.
(B) Congressional committees.--The congressional committees
listed in this subparagraph are--
(i) the Committee on Appropriations of the Senate;
(ii) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(iii) the Committee on Finance of the Senate;
(iv) the Committee on Appropriations of the House of
Representatives;
(v) the Committee on Homeland Security of the House of
Representatives; and
(vi) the Committee on Ways and Means of the House of
Representatives.
(10) Savings provision.--Nothing in this subsection may be
construed to affect or alter the existing authority of the
Secretary or the Administrator of General Services to
construct, alter, operate, and maintain land port of entry
facilities.
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