§ 301a. Port of entry donation authority

Footnotes

1. 1 So in original.
2. 2 So in original. Probably should be followed by a dash.
3. 3 So in original. Probably should be “a”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2016

   Homeland Security Act of 2002

   Pub. L. 107–296 title IV § 482 · 116 Stat. 2135

   Enacted · 6 U.S.C. § 301a

   Pub. L. 107–296, title IV, § 482, as added Pub. L. 114–279, § 2(a), Dec. 16, 2016, 130 Stat. 1417

   Source evidence

   Code source credit
   Pub. L. 107–296, title IV, § 482, as added Pub. L. 114–279, § 2(a), Dec. 16, 2016, 130 Stat. 1417

2. 2020

   Energy and Water Development and Related Agencies Appropriations Act, 2021

   Pub. L. 116–260 div. O title III § 301 · 134 Stat. 1182

   Substituted · 6 U.S.C. § 301a(b)(4)(A)

   Pub. L. 116–260, which directed substitution of “December 16, 2021” for “4 years after December 16, 2016”, was executed by making the substitution for original text reading “4 years after the date of the enactment of this section”, which had been translated as “4 years after December 16, 2016”, to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Subsec. (b)(4)(A). Pub. L. 116–260, which directed substitution of “December 16, 2021” for “4 years after December 16, 2016”, was executed by making the substitution for original text reading “4 years after the date of the enactment of this section”, which had been translated as “4 years after December 16, 2016”, to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   Sec. 301. (a) No appropriation, funds, or authority made available by this title for the Department of Energy shall be used to initiate or resume any program, project, or activity or to prepare or initiate Requests For Proposals or similar arrangements (including Requests for Quotations, Requests for Information, and Funding Opportunity Announcements) for a program, project, or activity if the program, project, or activity has not been funded by Congress. (b) (1) Unless the Secretary of Energy notifies the Committees on Appropriations of both Houses of Congress at least 3 full business days in advance, none of the funds made available in this title may be used to— (A) make a grant allocation or discretionary grant award totaling $1,000,000 or more; (B) make a discretionary contract award or Other Transaction Agreement totaling $1,000,000 or more, including a contract covered by the Federal Acquisition Regulation; (C) issue a letter of intent to make an allocation, award, or Agreement in excess of the limits in subparagraph (A) or (B); or (D) announce publicly the intention to make an allocation, award, or Agreement in excess of the limits in subparagraph (A) or (B). (2) The Secretary of Energy shall submit to the Committees on Appropriations of both Houses of Congress within 15 days of the conclusion of each quarter a report detailing each grant allocation or discretionary grant award totaling less than $1,000,000 provided during the previous quarter. (3) The notification required by paragraph (1) and the report required by paragraph (2) shall include the recipient of the award, the amount of the award, the fiscal year for which the funds for the award were appropriated, the account and program, project, or activity from which the funds are being drawn, the title of the award, and a brief description of the activity for which the award is made. (c) The Department of Energy may not, with respect to any program, project, or activity that uses budget authority made available in this title under the heading “Department of Energy—Energy Programs”, enter into a multiyear contract, award a multiyear grant, or enter into a multiyear cooperative agreement unless— (1) the contract, grant, or cooperative agreement is funded for the full period of performance as anticipated at the time of award; or (2) the contract, grant, or cooperative agreement includes a clause conditioning the Federal Government’s obligation on the availability of future year budget authority and the Secretary notifies the Committees on Appropriations of both Houses of Congress at least 3 days in advance. (d) Except as provided in subsections (e), (f), and (g), the amounts made available by this title shall be expended as authorized by law for the programs, projects, and activities specified in the “Final Bill” column in the “Department of Energy” table included under the heading “Title III—Department of Energy” in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act). (e) The amounts made available by this title may be reprogrammed for any program, project, or activity, and the Department shall notify, and obtain the prior approval of, the Committees on Appropriations of both Houses of Congress at least 30 days prior to the use of any proposed reprogramming that would cause any program, project, or activity funding level to increase or decrease by more than $5,000,000 or 10 percent, whichever is less, during the time period covered by this Act. (f) None of the funds provided in this title shall be available for obligation or expenditure through a reprogramming of funds that— (1) creates, initiates, or eliminates a program, project, or activity; (2) increases funds or personnel for any program, project, or activity for which funds are denied or restricted by this Act; or (3) reduces funds that are directed to be used for a specific program, project, or activity by this Act. (g) (1) The Secretary of Energy may waive any requirement or restriction in this section that applies to the use of funds made available for the Department of Energy if compliance with such requirement or restriction would pose a substantial risk to human health, the environment, welfare, or national security. (2) The Secretary of Energy shall notify the Committees on Appropriations of both Houses of Congress of any waiver under paragraph (1) as soon as practicable, but not later than 3 days after the date of the activity to which a requirement or restriction would otherwise have applied. Such notice shall include an explanation of the substantial risk under paragraph (1) that permitted such waiver. (h) The unexpended balances of prior appropriations provided for activities in this Act may be available to the same appropriation accounts for such activities established pursuant to this title. Available balances may be merged with funds in the applicable established accounts and thereafter may be accounted for as one fund for the same time period as originally enacted.

3. 2021

   National Defense Authorization Act for Fiscal Year 2022

   Pub. L. 117–81 § 6410(1)(A)(i) · 135 Stat. 1541

   Inserted · 6 U.S.C. § 301a(a)(1)(B); 6 U.S.C. § 301a(a)(1)(C)

   Pub. L. 117–81, § 6410(1)(A)(i), (ii)(I), inserted “or -leased” before “land”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(B), (C). Pub. L. 117–81, § 6410(1)(A)(i), (ii)(I), inserted “or -leased” before “land”.

   Enacted provision · exact public law section
   (i) in subparagraph (B), by inserting “or -leased” before “land”; and

4. 2021

   National Defense Authorization Act for Fiscal Year 2022

   Pub. L. 117–81 § 6410(1)(A)(ii)(II) · 135 Stat. 1541

   Substituted · 6 U.S.C. § 301a(a)(1)(C)(i)

   Pub. L. 117–81, § 6410(1)(A)(ii)(II), substituted “$75,000,000” for “$50,000,000”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(C)(i). Pub. L. 117–81, § 6410(1)(A)(ii)(II), substituted “$75,000,000” for “$50,000,000”.

   Enacted provision · exact public law section
   (II) in clause (i), by striking “$50,000,000” and inserting “$75,000,000”; and

5. 2021

   National Defense Authorization Act for Fiscal Year 2022

   Pub. L. 117–81 § 6410(1)(A)(ii)(III) · 135 Stat. 1541

   Amended · 6 U.S.C. § 301a(a)(1)(C)(ii)

   Pub. L. 117–81, § 6410(1)(A)(ii)(III), amended cl. (ii) generally. Prior to amendment, text read as follows: “the fair market value, including any personal and real property donations in total, of such port of entry when completed, is $50,000,000 or less.”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(C)(ii). Pub. L. 117–81, § 6410(1)(A)(ii)(III), amended cl. (ii) generally. Prior to amendment, text read as follows: “the fair market value, including any personal and real property donations in total, of such port of entry when completed, is $50,000,000 or less.”.

   Enacted provision · exact public law section
   (III) by amending clause (ii) to read as follows: “(ii) the fair market value of donations with respect to the land port of entry total $75,000,000 or less over the preceding five years.” ; and

6. 2021

   National Defense Authorization Act for Fiscal Year 2022

   Pub. L. 117–81 § 6410(1)(B) · 135 Stat. 1541

   Inserted · 6 U.S.C. § 301a(a)(3)

   Pub. L. 117–81, § 6410(1)(B), inserted “or -leased” before “land” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 117–81, § 6410(1)(B), inserted “or -leased” before “land” in introductory provisions.

   Enacted provision · exact public law section
   (B) in paragraph (3), in the matter preceding subparagraph (A), by inserting “or -leased” before “land”;

7. 2021

   National Defense Authorization Act for Fiscal Year 2022

   Pub. L. 117–81 § 6410(2)(A) · 135 Stat. 1541

   Substituted · 6 U.S.C. § 301a(b)(1)

   Pub. L. 117–81, § 6410(2)(A), which directed substitution of “Administrator of General Services” for “Administrator of the General Services Administration” in the matter preceding par. (1), was executed in par. (1) to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 117–81, § 6410(2)(A), which directed substitution of “Administrator of General Services” for “Administrator of the General Services Administration” in the matter preceding par. (1), was executed in par. (1) to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   (A) in the matter preceding paragraph (1), by striking “Administrator of the General Services Administration” and inserting “Administrator of General Services”;

8. 2021

   National Defense Authorization Act for Fiscal Year 2022

   Pub. L. 117–81 § 6410(2)(B)(i) · 135 Stat. 1541

   Substituted · 6 U.S.C. § 301a(b)(1)(C)(i)

   Pub. L. 117–81, § 6410(2)(B)(i), substituted “$75,000,000” for “$50,000,000”

   Source evidence

   Code amendment note
   Subsec. (b)(1)(C)(i). Pub. L. 117–81, § 6410(2)(B)(i), substituted “$75,000,000” for “$50,000,000”.

   Enacted provision · exact public law section
   (i) in clause (i), by striking “$50,000,000” and inserting “$75,000,000”; and

9. 2021

   National Defense Authorization Act for Fiscal Year 2022

   Pub. L. 117–81 § 6410(2)(b)(ii) · 135 Stat. 1541

   Amended · 6 U.S.C. § 301a(b)(1)(C)(ii)

   Pub. L. 117–81, § 6410(2)(b)(ii), amended cl. (ii) genrally. Prior to amendment, text read as follows: “the fair market value, including any personal and real property donations in total, of such port of entry when completed, is $50,000,000 or less.”

   Source evidence

   Code amendment note
   Subsec. (b)(1)(C)(ii). Pub. L. 117–81, § 6410(2)(b)(ii), amended cl. (ii) genrally. Prior to amendment, text read as follows: “the fair market value, including any personal and real property donations in total, of such port of entry when completed, is $50,000,000 or less.”.

   Enacted provision · exact public law section
   (ii) by amending clause (ii) to read as follows: “(ii) the fair market value of donations with respect to the land port of entry total $75,000,000 or less over the preceding five years.” ; and

10. 2021

    National Defense Authorization Act for Fiscal Year 2022

    Pub. L. 117–81 § 6410(2)(C)(i) · 135 Stat. 1541

    Substituted · 6 U.S.C. § 301a(b)(4)(A)

    Pub. L. 117–81, § 6410(2)(C)(i), substituted “terminate on December 31, 2026.” for “terminate on the date that is December 16, 2021.”

    Source evidence

    Code amendment note
    Subsec. (b)(4)(A). Pub. L. 117–81, § 6410(2)(C)(i), substituted “terminate on December 31, 2026.” for “terminate on the date that is December 16, 2021.”.

    Enacted provision · exact public law section
    (i) in subparagraph (A), by striking “terminate” and all that follows through the period at the end and inserting “terminate on December 31, 2026.”; and

11. 2021

    National Defense Authorization Act for Fiscal Year 2022

    Pub. L. 117–81 § 6410(2)(C)(ii) · 135 Stat. 1541

    Substituted · 6 U.S.C. § 301a(b)(4)(B)

    Pub. L. 117–81, § 6410(2)(C)(ii), substituted “a proposal accepted for consideration by U.S. Customs and Border Protection or the General Services Administration pursuant to this section or a prior pilot program prior to such termination date” for “carrying out the terms of an agreement under this subsection if such agreement is entered into before such termination date”

    Source evidence

    Code amendment note
    Subsec. (b)(4)(B). Pub. L. 117–81, § 6410(2)(C)(ii), substituted “a proposal accepted for consideration by U.S. Customs and Border Protection or the General Services Administration pursuant to this section or a prior pilot program prior to such termination date” for “carrying out the terms of an agreement under this subsection if such agreement is entered into before such termination date”.

    Enacted provision · exact public law section
    (ii) in subparagraph (B), by striking “carrying out the terms of an agreement under this subsection if such agreement is entered into before such termination date” and inserting “a proposal accepted for consideration by U.S. Customs and Border Protection or the General Services Administration pursuant to this section or a prior pilot program prior to such termination date”;

12. 2021

    National Defense Authorization Act for Fiscal Year 2022

    Pub. L. 117–81 § 6410(3) · 135 Stat. 1541

    Substituted · 6 U.S.C. § 301a(c)(6)(B)

    Pub. L. 117–81, § 6410(3), substituted cls. (i) and (ii) for “the donation will not be used for the construction of a detention facility or a border fence or wall.”

    Source evidence

    Code amendment note
    Subsec. (c)(6)(B). Pub. L. 117–81, § 6410(3), substituted cls. (i) and (ii) for “the donation will not be used for the construction of a detention facility or a border fence or wall.”

    Enacted provision · exact public law section
    (3) in subsection (c)(6)(B), by striking “the donation will not be used for the construction of a detention facility or a border fence or wall.” and inserting the following: “(i) the donation will not be used for the construction of a detention facility or a border fence or wall; and “(ii) the donor will be notified in the Donations Acceptance Agreement that the donor shall be financially responsible for all costs and operating expenses related to the operation, maintenance, and repair of the donated real property until such time as U.S. Customs and Border Protection provides the donor written notice otherwise.” ;

13. 2021

    National Defense Authorization Act for Fiscal Year 2022

    Pub. L. 117–81 § 6401(4) · 135 Stat. 1541

    Substituted · 6 U.S.C. § 301a(d)

    Pub. L. 117–81, § 6401(4), substituted “biennial” for “annual” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 117–81, § 6401(4), substituted “biennial” for “annual” in introductory provisions.

    Enacted provision · exact public law section
    SEC. 6401. EMPLOYEE ENGAGEMENT STEERING COMMITTEE AND ACTION PLAN. (a) In General.— Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) is amended by adding at the end the following new section: “SEC. 711. EMPLOYEE ENGAGEMENT. “(a) Steering Committee.— Not later than 120 days after the date of the enactment of this section, the Secretary shall establish an employee engagement steering committee, including representatives from operational components, headquarters, and field personnel, including supervisory and nonsupervisory personnel, and employee labor organizations that represent Department employees, and chaired by the Under Secretary for Management, to carry out the following activities: “(1) Identify factors that have a negative impact on employee engagement, morale, and communications within the Department, such as perceptions about limitations on career progression, mobility, or development opportunities, collected through employee feedback platforms, including through annual employee surveys, questionnaires, and other communications, as appropriate. “(2) Identify, develop, and distribute initiatives and best practices to improve employee engagement, morale, and communications within the Department, including through annual employee surveys, questionnaires, and other communications, as appropriate. “(3) Monitor efforts of each component to address employee engagement, morale, and communications based on employee feedback provided through annual employee surveys, questionnaires, and other communications, as appropriate. “(4) Advise the Secretary on efforts to improve employee engagement, morale, and communications within specific components and across the Department. “(5) Conduct regular meetings and report, not less than once per quarter, to the Under Secretary for Management, the head of each component, and the Secretary on Departmentwide efforts to improve employee engagement, morale, and communications. “(b) Action Plan; Reporting.— The Secretary, acting through the Chief Human Capital Officer, shall— “(1) not later than 120 days after the date of the establishment of the employee engagement steering committee under subsection (a), issue a Departmentwide employee engagement action plan, reflecting input from the steering committee and employee feedback provided through annual employee surveys, questionnaires, and other communications in accordance with paragraph (1) of such subsection, to execute strategies to improve employee engagement, morale, and communications within the Department; and “(2) require the head of each component to— “(A) develop and implement a component-specific employee engagement plan to advance the action plan required under paragraph (1) that includes performance measures and objectives, is informed by employee feedback provided through annual employee surveys, questionnaires, and other communications, as appropriate, and sets forth how employees and, where applicable, their labor representatives are to be integrated in developing programs and initiatives; “(B) monitor progress on implementation of such action plan; and “(C) provide to the Chief Human Capital Officer and the steering committee quarterly reports on actions planned and progress made under this paragraph. “(c) Termination.— This section shall terminate on the date that is five years after the date of the enactment of this section.” . (b) Clerical Amendment.— The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 710 the following new item: “Sec. 711.  Employee engagement.”. (c) Submissions to Congress.— (1) Department-wide employee engagement action plan.— The Secretary of Homeland Security, acting through the Chief Human Capital Officer of the Department of Homeland Security, shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate the Department-wide employee engagement action plan required under subsection (b)(1) of section 711 of the Homeland Security Act of 2002 (as added by subsection (a) of this section) not later than 30 days after the issuance of such plan under such subsection (b)(1). (2) Component-specific employee engagement plans.— Each head of a component of the Department of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate the component-specific employee engagement plan of each such component required under subsection (b)(2) of section 711 of the Homeland Security Act of 2002 not later than 30 days after the issuance of each such plan under such subsection (b)(2).

14. 2021

    National Defense Authorization Act for Fiscal Year 2022

    Pub. L. 117–81 § 6410(d) · 135 Stat. 1541

    Substituted · 6 U.S.C. § 301a(e)

    Pub. L. 117–81, § 6410(d), substituted “Administrator of General Services” for “Administrator of the General Services Administration”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 117–81, § 6410(d), substituted “Administrator of General Services” for “Administrator of the General Services Administration”.

    Enacted provision · exact public law section
    SEC. 6410. CBP DONATIONS ACCEPTANCE PROGRAM REAUTHORIZATION.   Section 482 of the Homeland Security Act of 2002 (6 U.S.C. 301a) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (B), by inserting “or -leased” before “land”; and (ii) in subparagraph (C)— (I) in the matter preceding clause (i), by inserting “or -leased” before “land”; (II) in clause (i), by striking “$50,000,000” and inserting “$75,000,000”; and (III) by amending clause (ii) to read as follows: “(ii) the fair market value of donations with respect to the land port of entry total $75,000,000 or less over the preceding five years.” ; and (B) in paragraph (3), in the matter preceding subparagraph (A), by inserting “or -leased” before “land”; (2) in subsection (b)— (A) in the matter preceding paragraph (1), by striking “Administrator of the General Services Administration” and inserting “Administrator of General Services”; (B) in paragraph (1)(C)— (i) in clause (i), by striking “$50,000,000” and inserting “$75,000,000”; and (ii) by amending clause (ii) to read as follows: “(ii) the fair market value of donations with respect to the land port of entry total $75,000,000 or less over the preceding five years.” ; and (C) in paragraph (4)— (i) in subparagraph (A), by striking “terminate” and all that follows through the period at the end and inserting “terminate on December 31, 2026.”; and (ii) in subparagraph (B), by striking “carrying out the terms of an agreement under this subsection if such agreement is entered into before such termination date” and inserting “a proposal accepted for consideration by U.S. Customs and Border Protection or the General Services Administration pursuant to this section or a prior pilot program prior to such termination date”; (3) in subsection (c)(6)(B), by striking “the donation will not be used for the construction of a detention facility or a border fence or wall.” and inserting the following: “(i) the donation will not be used for the construction of a detention facility or a border fence or wall; and “(ii) the donor will be notified in the Donations Acceptance Agreement that the donor shall be financially responsible for all costs and operating expenses related to the operation, maintenance, and repair of the donated real property until such time as U.S. Customs and Border Protection provides the donor written notice otherwise.” ; (4) in subsection (d), in the matter preceding paragraph (1), by striking “annual” and inserting “biennial”; and (5) in subsection (e), by striking “Administrator of the General Services Administration” and inserting “Administrator of General Services”.

13 of 14 references resolved to an enrolled provision · 1 partial