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6 U.S.C. § 314 — Fee agreements for certain services at ports of entry
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Notwithstanding [section 58c(e) of title 19](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section58c/e&num=0&edition=prelim) and [section 1451 of title 19](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1451&num=0&edition=prelim), the Commissioner of U.S. Customs and Border Protection, upon the request of any entity, may enter into a fee agreement with such entity under which—
(1) U.S. Customs and Border Protection shall provide services described in subsection (b) at a United States port of entry or any other facility at which U.S. Customs and Border Protection provides or will provide such services;
(2) such entity shall remit to U.S. Customs and Border Protection a fee imposed under subsection (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, each facility at which U.S. Customs and Border Protection services are performed shall be maintained and equipped by such entity, 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section211/e&num=0&edition=prelim)) 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 servic
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Source file: Laws/federal/codes/united-states-code/title-6/section-314-fee-agreements-for-certain-services-at-ports-of-entry--f2b07a970b.md
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Source location: Title 6, Chapter 1, § 314; chapter-001-homeland-security-organization.md
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**(a) In general** Notwithstanding [section 58c(e) of title 19](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section58c/e&num=0&edition=prelim) and [section 1451 of title 19](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1451&num=0&edition=prelim), the Commissioner of U.S. Customs and Border Protection, upon the request of any entity, may enter into a fee agreement with such entity under which—
(1) U.S. Customs and Border Protection shall provide services described in subsection (b) at a United States port of entry or any other facility at which U.S. Customs and Border Protection provides or will provide such services;
(2) such entity shall remit to U.S. Customs and Border Protection a fee imposed under subsection (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, each facility at which U.S. Customs and Border Protection services are performed shall be maintained and equipped by such entity, 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section211/e&num=0&edition=prelim)) 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 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 derived by the collection of fees, to entities 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, 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).
(2) **Small airports** — Notwithstanding paragraph (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), a fee agreement for U.S. Customs and Border Protection services at an air port of entry referred to in paragraph (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), to support U.S. Customs and Border Protection officers in performing law enforcement functions; and
(C) other costs incurred by U.S. Customs and Border Protection relating to services described in subparagraph (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 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.
(2) **Judicial review** — Decisions of the Commissioner of U.S. Customs and Border Protection under paragraph (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) shall be paid by each entity 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) be paid by each entity that has entered into a fee agreement under subsection (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), 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, as necessary; and
(C) the identification of costs paid by such fees.
**(i) Deposit of funds**
(1) **Account** — Funds collected pursuant to any agreement entered into pursuant to subsection (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 for the amount paid out of such appropriation, account, or fund 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 collected and deposited into the account described in paragraph (1) if a fee agreement entered into pursuant to subsection (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 11 So in original. Probably should be “Protection”. services. No interest shall be owed upon the return of any such unused funds.
**(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) with an entity that, after receiving notice from the Commissioner that a fee under subsection (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 that, after notice and demand for payment of any fee under subsection (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) and shall be available as described in such subsection.
(3) **Termination by the entity** — Any entity 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 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 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 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 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.
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Federal law — U.S. Code and appendices · legal_authorities
Before any such 1 special license to unlade shall be granted, the master, owner, or agent of such 1 vessel or vehicle, or the person in charge of such 1 vehicle, shall be required to deposit sufficient money to pay, or to give a bond in an amount to be fixed by the Secretary conditioned to pay, the compensation and expenses of the customs officers and employees assigned to duty in connection with such 1 unlading at night or on Sunday or a holiday, in accordance with the provisions of [section 267 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section267&num=0&edition=prelim). In lieu of such deposit or bond the owner or agent of any vessel or vehicle or line of vessels or vehicles may execute a bond in an amount to be fixed by the Secretary of the Treasury to cover and include the issuance of special licenses for the unlading of such vessels or vehicles for a period not to exceed one year. Upon a request made by the owner, master, or person in charge of a vessel or vehicle, or by or on behalf of a common carrier or by or on behalf of the owner or consignee of any merchandise or baggage, for overtime services of customs officers or employees at night or on a Sunday or holiday, the appropriate customs officer shall assign sufficient customs officers or employees if available to perform any such services which may lawfully be performed by them during regular hours of business, but only if the person requesting such services deposits sufficient money to pay, or gives a bond in an amount to be fixed by the 22 So in original. The word “the” probably should not appear. such customs officer, conditioned to pay the compensation and expenses of such customs officers and employees, who shall be entitled to rates of compensation fixed on the sam
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1451
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Activities** The Center shall—
(1) receive, aggregate, analyze, and secure, using processes consistent with the processes developed pursuant to the Cybersecurity Information Sharing Act of 2015 ([6 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section1501&num=0&edition=prelim) et seq.) reports from covered entities related to a covered cyber incident to assess the effectiveness of security controls, identify tactics, techniques, and procedures adversaries use to overcome those controls and other cybersecurity purposes, including to assess potential impact of cyber incidents on public health and safety and to enhance situational awareness of cyber threats across critical infrastructure sectors;
(2) coordinate and share information with appropriate Federal departments and agencies to identify and track ransom payments, including those utilizing virtual currencies;
(3) leverage information gathered about cyber incidents to—
(A) enhance the quality and effectiveness of information sharing and coordination efforts with appropriate entities, including agencies, sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, critical infrastructure owners and operators, cybersecurity and cyber incident response firms, and security researchers; and
(B) provide appropriate entities, including sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, cybersecurity and cyber incident response firms, and security researchers, with timely, actionable, and anonymized reports of cyber incident campaigns and trends, including, to the maximum extent practicable
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Readiness of Department Medical Centers.—**
(1) The Secretary shall take appropriate actions to provide for the readiness of Department medical centers to protect the patients and staff of such centers from a public health emergency (as defined in section 2801 of the Public Health Service Act) or otherwise to respond to such an emergency so as to enable such centers to fulfill their obligations as part of the Federal response to such emergencies.
(2) Actions under paragraph (1) shall include—
(A) the provision of decontamination equipment and personal protection equipment at Department medical centers;
(B) the provision of training in the use of such equipment to staff of such centers;
(C) organizing, training, and equipping the staff of such centers to support the activities carried out by the Secretary of Health and Human Services under section 2801 of the Public Health Service Act in the event of a public health emergency and incidents covered by the National Response Plan developed pursuant to section 502(6) 11 See References in Text note below. of the Homeland Security Act of 2002, or any successor plan; and
(D) providing medical logistical support to the National Disaster Medical System and the Secretary of Health and Human Services as necessary, on a reimbursable basis, and in coordination with other designated Federal agencies.
**(b) Security at Department Medical and Research Facilities.—**
(1) The Secretary shall take appropriate actions to provide for the security of Department medical centers and research facilities, including staff and patients at such centers and facilities.
(2) In taking actions under paragraph (1), the Secretary shall take into account the results of the evaluation of the security needs at Department medical center
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 8117
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter, the term “Nuclear Incident Response Team” means a resource that includes—
(1) those entities of the Department of Energy that perform nuclear or radiological emergency support functions (including accident response, search response, advisory, and technical operations functions), radiation exposure functions at the medical assistance facility known as the Radiation Emergency Assistance Center/Training Site (REAC/TS), radiological assistance functions, and related functions; and
(2) those entities of the Environmental Protection Agency that perform such support functions (including radiological emergency response functions) and related functions.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 318
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** After consultation with organizations representing individuals with disabilities, the National Council on Disabilities, and the Interagency Coordinating Council on Preparedness and Individuals with Disabilities, established under Executive Order No. 13347, the Administrator shall appoint a Disability Coordinator. The Disability Coordinator shall report directly to the Administrator, in order to ensure that the needs of individuals with disabilities are being properly addressed in emergency preparedness and disaster relief.
**(b) Responsibilities** The Disability Coordinator shall be responsible for—
(1) providing guidance and coordination on matters related to individuals with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster, act of terrorism, or other man-made disaster;
(2) interacting with the staff of the Agency, the National Council on Disabilities, the Interagency Coordinating Council on Preparedness and Individuals with Disabilities established under Executive Order No. 13347, other agencies of the Federal Government, and State, local, and tribal government authorities regarding the needs of individuals with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster, act of terrorism, or other man-made disaster;
(3) consulting with organizations that represent the interests and rights of individuals with disabilities about the needs of individuals with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster, act of terrorism, or other man-made disaster;
(4) ensuring the coordination and dissemination of best practices and model evacuation plans for individuals with disabilities;
(5) ensuring the deve
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 321i
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** At the direction of the Secretary (in connection with an actual or threatened terrorist attack, major disaster, or other emergency in the United States), the Nuclear Incident Response Team shall operate as an organizational unit of the Department. While so operating, the Nuclear Incident Response Team shall be subject to the direction, authority, and control of the Secretary.
**(b) Rule of construction** Nothing in this subchapter shall be construed to limit the ordinary responsibility of the Secretary of Energy and the Administrator of the Environmental Protection Agency for organizing, training, equipping, and utilizing their respective entities in the Nuclear Incident Response Team, or (subject to the provisions of this subchapter) from exercising direction, authority, and control over them when they are not operating as a unit of the Department.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 321m
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Submission of plan** Not later than 60 days after November 25, 2002, the President shall transmit to the appropriate congressional committees a reorganization plan regarding the following:
(1) The transfer of agencies, personnel, assets, and obligations to the Department pursuant to this chapter.
(2) Any consolidation, reorganization, or streamlining of agencies transferred to the Department pursuant to this chapter.
**(b) Plan elements** The plan transmitted under subsection (a) shall contain, consistent with this chapter, such elements as the President deems appropriate, including the following:
(1) Identification of any functions of agencies transferred to the Department pursuant to this chapter that will not be transferred to the Department under the plan.
(2) Specification of the steps to be taken by the Secretary to organize the Department, including the delegation or assignment of functions transferred to the Department among officers of the Department in order to permit the Department to carry out the functions transferred under the plan.
(3) Specification of the funds available to each agency that will be transferred to the Department as a result of transfers under the plan.
(4) Specification of the proposed allocations within the Department of unexpended funds transferred in connection with transfers under the plan.
(5) Specification of any proposed disposition of property, facilities, contracts, records, and other assets and obligations of agencies transferred under the plan.
(6) Specification of the proposed allocations within the Department of the functions of the agencies and subdivisions that are not related directly to securing the homeland.
**(c) Modification of plan** The President may, on the basis of consultations with the appropriate
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 555
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Federal law — U.S. Code and appendices · legal_authorities
In this title— 11 See References in Text note below.
(1) the term “Administrator” means the Administrator of the Agency;
(2) the term “Agency” means the Federal Emergency Management Agency;
(3) the term “appropriate committees of Congress” means—
(A) the Committee on Homeland Security and Governmental Affairs of the Senate; and
(B) those committees of the House of Representatives that the Speaker of the House of Representatives determines appropriate;
(4) the term “catastrophic incident” means any natural disaster, act of terrorism, or other man-made disaster that results in extraordinary levels of casualties or damage or disruption severely affecting the population (including mass evacuations), infrastructure, environment, economy, national morale, or government functions in an area;
(5) the term “Department” means the Department of Homeland Security;
(6) the terms “emergency” and “major disaster” have the meanings given the terms in [section 5122 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5122&num=0&edition=prelim);
(7) the term “emergency management” means the governmental function that coordinates and integrates all activities necessary to build, sustain, and improve the capability to prepare for, protect against, respond to, recover from, or mitigate against threatened or actual natural disasters, acts of terrorism, or other man-made disasters;
(8) the term “emergency response provider” has the meaning given the term in [section 101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section101&num=0&edition=prelim);
(9) the term “Federal coordinating officer” means a Federal coordinating officer as described in [section 5143 of title 42](https://uscode.house.gov/view.xhtml?
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 711
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Federal law — U.S. Code and appendices · legal_authorities
Not later than 90 days after October 4, 2006, and in coordination with the National Advisory Council, the National Council on Disability, the Interagency Coordinating Council on Preparedness and Individuals With Disabilities established under Executive Order No. 13347, and the Disability Coordinator (established under [section 321b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section321b&num=0&edition=prelim)), the Administrator shall develop guidelines to accommodate individuals with disabilities, which shall include guidelines for—
(1) the accessibility of, and communications and programs in, shelters, recovery centers, and other facilities; and
(2) devices used in connection with disaster operations, including first aid stations, mass feeding areas, portable payphone stations, portable toilets, and temporary housing.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 774
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Federal law — U.S. Code and appendices · legal_authorities
Page 160
TITLE 6—DOMESTIC SECURITY
§ 314
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Pub. L. 109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat.
1410, provided that: ‘‘Any reference to the Director of
the Federal Emergency Management Agency, in any
law, rule, regulation, certificate, directive, instruction,
or other official paper shall be considered to refer and
apply to the Administrator of the Federal Emergency
Management Agency.’’
Pub. L. 109–295, title VI, § 612(f)(2), Oct. 4, 2006, 120
Stat. 1411, provided that: ‘‘Any reference to the Admin-
istrator of the Federal Emergency Management Agency
in this title [see Tables for classification] or an amend-
ment by this title shall be considered to refer and apply
to the Director of the Federal Emergency Management
Agency until March 31, 2007.’’
EFFECTIVE DATE
Section effective Mar. 31, 2007, see section 614(b)(1) of
Pub. L. 109–295, set out as a note under section 701 of
this title.
§ 314. Authority and responsibilities
(a) In general
The Administrator shall provide Federal lead-
ership necessary to prepare for, protect against,
respond to, recover from, or mitigate against a
natural disaster, act of terrorism, or other man-
made disaster, including—
(1) helping to ensure the effectiveness of
emergency response providers to terrorist at-
tacks, major disasters, and other emergencies;
(2) with respect to the Nuclear Incident Re-
sponse Team (regardless of whether it is oper-
ating as an organizational unit of the Depart-
ment pursuant to this subchapter)—
(A) establishing standards and certifying
when those standards have been met;
(B) conducting joint and other exercises
and training and evaluating performance;
and
(C) providing funds to the Department of
Energy and the Environme
Source: Supplied 2024 U.S. Code historical extraction · 6 U.S.C. § 314
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.