[Page S4689]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1382. Ms. LANDRIEU (for herself and Mr. Carper) submitted an 
amendment intended to be proposed by her 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:

       On page 905, line 10, strike ``(d)'' and insert 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.
       (e)
                                 ______