---
kind: "section"
citation: "6 U.S.C. § 301"
title: "6"
title_heading: "Domestic Security"
number: "301"
heading: "Fee agreements for certain services at ports of entry"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/6/301"
units:
  - "Chapter 1 — Homeland Security Organization"
  - "Subchapter IV — Border, Maritime, and Transportation Security"
  - "Part G — U.S. Customs and Border Protection Public Private Partnerships"
---

# §301. Fee agreements for certain services at ports of entry

- (a) **In general—** Notwithstanding [section 58c(e) of title 19](/usc/19/58c.md?p=e) and [section 1451 of title 19](/usc/19/1451.md), the Commissioner of U.S. Customs and Border Protection, upon the request of any [entity](/usc/6/301c.md?p=2), may enter into a fee agreement with such [entity](/usc/6/301c.md?p=2) under which—
  - (1) U.S. Customs and Border Protection shall provide services described in [subsection (b)](#b) at a [United States](/usc/6/101.md?p=19-A) port of entry or any other facility at which U.S. Customs and Border Protection provides or will provide such services;
  - (2) such [entity](/usc/6/301c.md?p=2) shall remit to U.S. Customs and Border Protection a fee imposed under [subsection (h)](#h) in an amount equal to the full costs that are incurred or will be incurred in providing such services; and
  - (3) if space is provided by such [entity](/usc/6/301c.md?p=2), each facility at which U.S. Customs and Border Protection services are performed shall be maintained and equipped by such [entity](/usc/6/301c.md?p=2), without cost to the Federal Government, in accordance with U.S. Customs and Border Protection specifications.
- (b) **Services described—** The services described in this subsection are any activities of any employee or Office of Field Operations contractor of U.S. Customs and Border Protection (except employees of the U.S. Border Patrol, as established under [section 211(e) of this title](/usc/6/211.md?p=e)) pertaining to, or in support of, customs, agricultural processing, border security, or immigration inspection-related matters at a port of entry or any other facility at which U.S. Customs and Border Protection provides or will provide services.
- (c) **Modification of prior agreements—** The Commissioner of U.S. Customs and Border Protection, at the request of an [entity](/usc/6/301c.md?p=2) who has previously entered into an agreement with U.S. Customs and Border Protection for the reimbursement of fees in effect on December 16, 2016, may modify such agreement to implement any provisions of this section.
- (d) **Limitations—**
  - (1) **Impacts of services—** The Commissioner of U.S. Customs and Border Protection—
    - (A) may enter into fee agreements under this section only for services that—
      - (i) will increase or enhance the operational capacity of U.S. Customs and Border Protection based on available staffing and workload; and
      - (ii) will not shift the cost of services funded in any appropriations Act, or provided from any account in the Treasury of the [United States](/usc/6/101.md?p=19-A) derived by the collection of fees, to [entities](/usc/6/301c.md?p=2) under this chapter; and
    - (B) may not enter into a fee agreement under this section if such agreement would unduly and permanently impact services funded in any appropriations Act, or provided from any account in the Treasury of the [United States](/usc/6/101.md?p=19-A), derived by the collection of fees.
  - (2) **Number—** There shall be no limit to the number of fee agreements that the Commissioner of U.S. Customs and Border Protection may enter into under this section.
- (e) **Air ports of entry—**
  - (1) **Fee agreement—** Except as otherwise provided in this subsection, a fee agreement for U.S. Customs and Border Protection services at an air port of entry may only provide for the payment of overtime costs of U.S. Customs and Border Protection officers and salaries and expenses of U.S. Customs and Border Protection employees to support U.S. Customs and Border Protection officers in performing services described in [subsection (b)](#b).
  - (2) **Small airports—** Notwithstanding [paragraph (1)](#e-1), U.S. Customs and Border Protection may receive reimbursement in addition to overtime costs if the fee agreement is for services at an air port of entry that has fewer than 100,000 arriving international passengers annually.
  - (3) **Covered services—** In addition to costs described in [paragraph (1)](#e-1), a fee agreement for U.S. Customs and Border Protection services at an air port of entry referred to in [paragraph (2)](#e-2) may provide for the reimbursement of—
    - (A) salaries and expenses of not more than five full-time equivalent U.S. Customs and Border Protection Officers beyond the number of such officers assigned to the port of entry on the date on which the fee agreement was signed;
    - (B) salaries and expenses of employees of U.S. Customs and Border Protection, other than the officers referred to in [subparagraph (A)](#e-3-A), to support U.S. Customs and Border Protection officers in performing law enforcement [functions](/usc/6/101.md?p=9); and
    - (C) other costs incurred by U.S. Customs and Border Protection relating to services described in [subparagraph (B)](#e-3-B), such as temporary placement or permanent relocation of employees, including incentive pay for relocation, as appropriate.
- (f) **Port of entry size—** The Commissioner of U.S. Customs and Border Protection shall ensure that each fee agreement proposal is given equal consideration regardless of the size of the port of entry.
- (g) **Denied application—**
  - (1) **In general—** If the Commissioner of U.S. Customs and Border Protection denies a proposal for a fee agreement under this section, the Commissioner shall provide the [entity](/usc/6/301c.md?p=2) submitting such proposal with the reason for the denial unless—
    - (A) the reason for the denial is law enforcement sensitive; or
    - (B) withholding the reason for the denial is in the national security interests of the [United States](/usc/6/101.md?p=19-A).
  - (2) **Judicial review—** Decisions of the Commissioner of U.S. Customs and Border Protection under [paragraph (1)](#g-1) are in the discretion of the Commissioner and are not subject to judicial review.
- (h) **Fee—**
  - (1) **In general—** The amount of the fee to be charged under an agreement authorized under [subsection (a)](#a) shall be paid by each [entity](/usc/6/301c.md?p=2) requesting U.S. Customs and Border Protection services, and shall be for the full cost of providing such services, including the salaries and expenses of employees and contractors of U.S. Customs and Border Protection, to provide such services and other costs incurred by U.S. Customs and Border Protection relating to such services, such as temporary placement or permanent relocation of such employees and contractors.
  - (2) **Timing—** The Commissioner of U.S. Customs and Border Protection may require that the fee referred to in [paragraph (1)](#h-1) be paid by each [entity](/usc/6/301c.md?p=2) that has entered into a fee agreement under [subsection (a)](#a) with U.S. Customs and Border Protection in advance of the performance of U.S. Customs and Border Protection services.
  - (3) **Oversight of fees—** The Commissioner of U.S. Customs and Border Protection shall develop a process to oversee the services for which fees are charged pursuant to an agreement under [subsection (a)](#a), including—
    - (A) a determination and report on the full costs of providing such services, and a process for increasing such fees, as necessary;
    - (B) the establishment of a periodic remittance schedule to replenish appropriations, accounts, or [funds](/usc/6/677a.md?p=5), as necessary; and
    - (C) the identification of costs paid by such fees.
- (i) **Deposit of funds—**
  - (1) **Account—** [Funds](/usc/6/677a.md?p=5) collected pursuant to any agreement entered into pursuant to [subsection (a)](#a)—
    - (A) shall be deposited as offsetting collections;
    - (B) shall remain available until expended without fiscal year limitation; and
    - (C) shall be credited to the applicable appropriation, account, or [fund](/usc/6/677a.md?p=5) for the amount paid out of such appropriation, account, or [fund](/usc/6/677a.md?p=5) for any expenses incurred or to be incurred by U.S. Customs and Border Protection in providing U.S. Customs and Border Protection services under any such agreement and any other costs incurred or to be incurred by U.S. Customs and Border Protection relating to such services.
  - (2) **Return of unused funds—** The Commissioner of U.S. Customs and Border Protection shall return any unused [funds](/usc/6/677a.md?p=5) collected and deposited into the account described in [paragraph (1)](#i-1) if a fee agreement entered into pursuant to [subsection (a)](#a) is terminated for any reason or the terms of such fee agreement change by mutual agreement to cause a reduction of U.S. Customs and Border Protections[^1] services. No interest shall be owed upon the return of any such unused [funds](/usc/6/677a.md?p=5).
- (j) **Termination—**
  - (1) **In general—** The Commissioner of U.S. Customs and Border Protection shall terminate the services provided pursuant to a fee agreement entered into under [subsection (a)](#a) with an [entity](/usc/6/301c.md?p=2) that, after receiving notice from the Commissioner that a fee under [subsection (h)](#h) is due, fails to pay such fee in a timely manner. If such services are terminated, all costs incurred by U.S. Customs and Border Protection that have not been paid shall become immediately due and payable. Interest on unpaid fees shall accrue based on the rate and amount established under sections 6621 and 6622 of title 26.
  - (2) **Penalty—** Any [entity](/usc/6/301c.md?p=2) that, after notice and demand for payment of any fee under [subsection (h)](#h), fails to pay such fee in a timely manner shall be liable for a penalty or liquidated damage equal to two times the amount of such fee. Any such amount collected under this paragraph shall be deposited into the appropriate account specified under [subsection (i)](#i) and shall be available as described in such subsection.
  - (3) **Termination by the entity—** Any [entity](/usc/6/301c.md?p=2) who has previously entered into an agreement with U.S. Customs and Border Protection for the reimbursement of fees in effect on December 16, 2016, or under the provisions of this section, may request that such agreement be amended to provide for termination upon advance notice, length, and terms that are negotiated between such [entity](/usc/6/301c.md?p=2) and U.S. Customs and Border Protection.
- (k) **Annual report—** The Commissioner of U.S. Customs and Border Protection shall—
  - (1) submit an annual report identifying the activities undertaken and the agreements entered into pursuant to this section to—
    - (A) the Committee on Appropriations of the Senate;
    - (B) the Committee on Finance of the Senate;
    - (C) the Committee on [Homeland](/usc/6/101.md?p=1) Security and Governmental Affairs of the Senate;
    - (D) the Committee on the Judiciary of the Senate;
    - (E) the Committee on Appropriations of the House of Representatives;
    - (F) the Committee on [Homeland](/usc/6/101.md?p=1) Security of the House of Representatives;
    - (G) the Committee on the Judiciary of the House of Representatives; and
    - (H) the Committee on Ways and Means of the House of Representatives; and
  - (2) not later than 15 days before entering into a fee agreement, notify the members of Congress that represent the [State](/usc/6/101.md?p=17) or Congressional District in which the affected port of entry or facility is located of such agreement.
- (l) **Rule of construction—** Nothing in this section may be construed as imposing on U.S. Customs and Border Protection any responsibilities, duties, or authorities relating to real property.

## Footnotes

[^1]: So in original. Probably should be “Protection”.

## Source credit

(Pub. L. 107–296, title IV, § 481, as added Pub. L. 114–279, § 2(a), Dec. 16, 2016, 130 Stat. 1413.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in subsec. (d)(1)(A)(ii), was in the original “this Act”, meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables.