About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


GAO-21-234R 1 (2021-01-28)

handle is hein.gao/gaobaecix0001 and id is 1 raw text is: 1Oo U.S. GOVERNMENT ACCOUNTABILITY OFFICE G A O A Century of Non-Partisan Fact-Based Work 441 G St. N.W. Washington, DC 20548 January 28, 2021 Congressional Committees U.S. Ports of Entry: Update on CBP Public-Private Partnership Programs On a daily basis in fiscal year 2020, over 650,000 passengers and pedestrians and nearly 78,000 truck, rail, and sea containers carrying goods worth approximately $6.6 billion entered the United States through 328 U.S. land, sea, and air ports of entry (POE), according to U.S. Customs and Border Protection (CBP).1 Within the DHS, CBP is the lead federal agency charged with a dual mission of keeping terrorists and their weapons, criminals and their contraband, and other inadmissible individuals out of the country while facilitating the flow of legitimate international travel and trade through the nation's POEs.2 CBP's Office of Field Operations is responsible for conducting passenger and cargo processing activities related to security, trade, immigration, and agricultural inspection at the nation's POEs.3 Since 2013, CBP has entered into public-private partnerships with stakeholders, such as port authorities or local municipalities that own or manage the ports or private companies that conduct business through the ports, under its Reimbursable Services Program (RSP) to cover CBP's cost of providing certain services at POEs.4 Such services include those supporting customs, agricultural processing, border security, or immigration inspection matters. For example, the RSP enables entities to pay the overtime costs of CBP personnel who may provide such services outside normal business hours.5 The Donations Acceptance Program (DAP) is a second public-private partnership program. The DAP enables entities to donate personal or real property; non-personal services; or provide funding related to land acquisition, design, construction, repair or alteration, and operations and maintenance to CBP alone or in consultation with the General Services Administration (GSA), as applicable, at POEs.6 More specifically, the DAP permits CBP to accept donations from private and public sector entities 1Ports of entry are facilities that provide for the controlled entry into or departure from the United States. Specifically, a port of entry is any officially designated location (seaport, airport, or land border location) where Department of Homeland Security officers or employees are assigned to clear passengers, merchandise and other items, collect duties, and enforce customs laws; and where Department of Homeland Security (DHS) officers inspect persons seeking to enter or depart, or applying for admission into, the United States pursuant to U.S. immigration and travel controls. 2See 6 U.S.C. § 211(a) (establishing CBP within DHS), (c) (enumerating CBP's duties). 3See id. § 211(g) (establishing and listing duties of Office of Field Operations within CBP). 4We refer to entities that CBP selects for or enters into partnerships with CBP as partners throughout this report. 5See 6 U.S.C. § 301. The RSP enables partnerships between CBP and private sector or government entities, allowing CBP to provide new or additional services upon the request of partners, and may cover costs such as salaries, benefits, overtime expenses, administration, and transportation costs. In addition, RSP agreements are subject to certain limitations, including that they may not unduly and permanently impact existing services funded by an appropriations act or fee collection. According to CBP officials, the purpose of the RSP is to provide new or additional CBP services at POEs that the component would otherwise not have been able to provide. 6For example, CBP consults with GSA on real property donations at all land POEs with GSA-operated real estate. GAO-21-234R CBP Public-Private Partnerships Page 1