```

[Senate Report 114-303]
[From the U.S. Government Publishing Office]

                                                      Calendar No. 559
114th Congress      }                                   {       Report
                                 SENATE
 2d Session         }                                   {      114-303
_______________________________________________________________________

                                     

                     CROSS-BORDER TRADE ENHANCEMENT

                              ACT OF 2015

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                 S. 461

         TO PROVIDE FOR ALTERNATIVE FINANCING ARRANGEMENTS FOR
         THE PROVISION OF CERTAIN SERVICES AND THE CONSTRUCTION
 AND MAINTENANCE OF INFRASTRUCTURE AT LAND BORDER PORTS OF ENTRY, AND 
                           FOR OTHER PURPOSES

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                August 30, 2016.--Ordered to be printed

   Filed, under authority of the order of the Senate of July 14, 2016
                                   ______

                         U.S. GOVERNMENT PUBLISHING OFFICE 

59-010                         WASHINGTON : 2016 
   
   
   
   
   
   
   
   
   
   
   
   
   
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                    RON JOHNSON, Wisconsin, Chairman
JOHN McCAIN, Arizona                 THOMAS R. CARPER, Delaware
ROB PORTMAN, Ohio                    CLAIRE McCASKILL, Missouri
RAND PAUL, Kentucky                  JON TESTER, Montana
JAMES LANKFORD, Oklahoma             TAMMY BALDWIN, Wisconsin
MICHAEL B. ENZI, Wyoming             HEIDI HEITKAMP, North Dakota
KELLY AYOTTE, New Hampshire          CORY A. BOOKER, New Jersey
JONI ERNST, Iowa                     GARY C. PETERS, Michigan
BEN SASSE, Nebraska

                  Christopher R. Hixon, Staff Director
                Gabrielle D'Adamo Singer, Chief Counsel
                       Courtney J. Allen, Counsel
              Gabrielle A. Batkin, Minority Staff Director
           John P. Kilvington, Minority Deputy Staff Director
               Mary Beth Schultz, Minority Chief Counsel
               Holly A. Idelson, Minority Senior Counsel
                     Laura W. Kilbride, Chief Clerk

                                                      Calendar No. 559
114th Congress      }                                   {       Report
                                 SENATE
 2d Session         }                                   {      114-303

======================================================================

 
               CROSS-BORDER TRADE ENHANCEMENT ACT OF 2015

                                _______
                                

                August 30, 2016.--Ordered to be printed

   Filed, under authority of the order of the Senate of July 14, 2016

                                _______
                                

 Mr. Johnson, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 461]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 461) to provide for 
alternative financing arrangements for the provision of certain 
services and the construction and maintenance of infrastructure 
at land border ports of entry, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill, as amended, do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................2
III. Legislative History..............................................4
 IV. Section-by-Section Analysis......................................5
  V. Evaluation of Regulatory Impact..................................7
 VI. Congressional Budget Office Cost Estimate........................7
VII. Changes in Existing Law Made by the Bill, as Reported............8

                         I. Purpose and Summary

    The purpose of S. 461, the Cross-Border Trade Enhancement 
Act of 2016, is to reauthorize and expand the pilot programs 
that permit United States Customs and Border Protection (CBP) 
to enter into agreements with private or state or local 
government entities for reimbursable services or property 
donations at CBP ports of entry. The authorization of public-
private partnerships under this bill will allow private sector 
and state and local government entities to fund improvements at 
CBP ports of entry that will increase trade and travel 
efficiencies at no cost to the taxpayer.

              II. Background and the Need for Legislation

    Travel and trade into the United States has been steadily 
increasing since 2008.\1\ CBP is the Federal law enforcement 
agency responsible for facilitating international travel and 
trade at our Nation's ports of entry.\2\ In fiscal year (FY) 
2015, CBP processed more than 382 million passengers at the 
Nation's 328 land, sea, and air ports of entry.\3\ CBP 
processed over $2.4 trillion worth of goods at ports of entry 
during the same year, ``while enforcing U.S. trade laws that 
protect the nation's economy and the health and safety of the 
American public.''\4\ CBP estimates that the magnitude of 
passengers and inbound trade in FY 2016 will exceed the 
previous year's volume.\5\
---------------------------------------------------------------------------
    \1\U.S. Customs and Border Protection, Resource Optimization at 
Ports of Entry: Fiscal Year 2015 Report to Congress 1 (2015), available 
at https://www.cbp.gov/sites/default/files/documents/Resource%20-
Optimization%20Model-%20FY%202015%20Public%2005-13-15.pdf [hereinafter 
FY 2015 Report to Congress].
    \2\U.S. Customs and Border Protection, About Us, https://
www.cbp.gov/about.
    \3\U.S. Dep't of Homeland Sec., Fiscal Year 2017 Budget-in-Brief 27 
(2016), available at https://www. dhs.gov/sites/default/files/
publications/FY2017__BIB-MASTER.pdf.
    \4\Id.
    \5\FY 2015 Report to Congress at 1.
---------------------------------------------------------------------------
    Despite the growing volume, ``CBP officer staffing levels 
have remained relatively the same.''\6\ In its budget request 
for FY 2014, the Department of Homeland Security (DHS) stated 
that ``[s]taffing needs . . . continue to increase as CBP takes 
on expanded mission requirements, capacity at [ports of entry] 
grows, and travel to the U.S. increases.''\7\ In 2014, Congress 
authorized over $255 million in funding ``to increase the [CBP 
officer] workforce by not fewer than 2,000 new officers by the 
end of fiscal year 2015.''\8\ According to CBP, these 
additional 2,000 CBP officers will result in 66,000 new jobs 
and a $4 billion increase in the United States' Gross Domestic 
Product because of reduced wait times and expedited flow of 
trade and tourism at ports of entry.\9\
---------------------------------------------------------------------------
    \6\U.S. Customs and Border Protection, Resource Optimization 
Strategy, https://www.cbp.gov/border-security/ports-entry/resource-opt-
strategy.
    \7\U.S. Dep't of Homeland Sec., Fiscal Year 2014 Budget-in-Brief 
115 (2013), available at https://www.dhs.gov/sites/default/files/
publications/FY%202014%20BIB%20-%20FINAL%20-508%20Formatted%20%284% 
29.pdf.
    \8\160 Cong. Rec H475, 929 (daily ed. Jan. 15, 2014) (statement of 
Rep. Rogers). See also Consolidated Appropriations Act, Pub. L. No. 
113-76 (2014).
    \9\Fiscal Year 2015 Budget Request: Hearing Before the Subcomm. on 
Homeland Sec. of the H. Comm. on Appropriations, 113th Cong. (2014) 
(statement of R. Gil Kerlikowske, Commissioner, U.S. Customs and Border 
Protection).
---------------------------------------------------------------------------
    However, despite the significant funding for more CBP 
officers, CBP only realized a net gain of 818 officers as of 
June 2, 2015, due to attrition and the amount of time it takes 
to bring on new officers.\10\ CBP estimated it would need an 
additional 2,107 CBP officers through FY 2017 to meet optimal 
staffing.\11\ One reason CBP has been unable to meet its 
staffing goals is that many applicants are unable to pass the 
requirements of the CBP hiring process.\12\ The hiring process 
for CBP frontline personnel is ``intentionally rigorous,'' 
requiring an entrance exam, qualifications review, interview, 
medical exam, drug screening, physical fitness test, polygraph 
examination, and a background investigation.\13\ CBP is the 
only Federal law enforcement agency with a statutory 
requirement that all frontline law enforcement applicants 
undergo a polygraph examination, which is serving as a 
deterrent for some applicants.\14\
---------------------------------------------------------------------------
    \10\S. Rep. No. 114-116, at 12 (2015).
    \11\Keeping Pace with Trade, Travel, and Security: How Does CBP 
Prioritize and Improve Staffing and Infrastructure?: Hearing Before the 
Subcomm. on Border and Maritime Sec. of the H. Comm. on Homeland Sec., 
114th Cong. (2016) (joint statement of Eugene Schied, Assistant 
Commissioner, Office of Admin., U.S. Customs and Border Protection, 
Linda Jacksta, Assistant Commissioner, Office of Human Resources Mgmt., 
U.S. Customs and Border Protection, and John Wagner, Deputy Assistant 
Commissioner, Office of Field Operations, U.S. Customs and Border 
Protection).
    \12\Id.
    \13\Id.
    \14\Id. (statement of Linda Jacksta, Assistant Commissioner, Office 
of Human Resources Mgmt., U.S. Customs and Border Protection).
---------------------------------------------------------------------------
    To address the staffing and funding needs at ports of 
entry, Congress created pilot programs in 2013 and 2014 to 
provide alternative funding sources for CBP at ports of entry. 
Section 560 of the Consolidated and Further Continuing 
Appropriations Act of 2013 authorized CBP to enter into 
agreements with private sector and state and local government 
entities that would reimburse CBP for customs-related personnel 
services at ports of entry.\15\ This allowed non-Federal 
entities that operate CBP ports of entry to pay for additional 
officers beyond what CBP normally would have allocated. Section 
559 of the Consolidated Appropriations Act of 2014 authorized 
an additional five agreements per year with air ports of entry, 
for a total cap of 10 per year.\16\ Section 559 also expanded 
the applicable services for reimbursable service agreements to 
include border security services and agricultural 
processing.\17\ Both pilot programs were authorized for five 
years.\18\
---------------------------------------------------------------------------
    \15\Consolidated and Further Continuing Appropriations Act, Pub. L. 
No. 113-6, Sec. 560, 127 Stat. 198, 378-80 (2013).
    \16\Consolidated Appropriations Act, Pub. L. No. 113-76, 559, 128 
Stat. 5, 279-285 (2014).
    \17\Id.
    \18\Id. See also Consolidated and Further Continuing Appropriations 
Act at Sec. 560(a).
---------------------------------------------------------------------------
    Since 2013, CBP has entered into reimbursable service 
agreements with 29 stakeholders at land, sea, and air ports of 
entry.\19\ These agreements have contributed to more than 
125,000 additional processing hours to meet stakeholder demand 
during which 3 million travelers and almost 460,000 vehicles 
were processed.\20\ These agreements with air ports of entry 
contributed to decreased wait times by an average of nearly 30 
percent at ports where they were implemented.\21\ CBP may have 
been able to approve more of these agreements had the agency 
not been limited in statute to executing only 10 agreements per 
year at air ports of entry.\22\ CBP identified expanding its 
Section 559 program public-private partnership authority as a 
way ``to fund enhanced CBP services and implement new funding 
streams for current programs.''\23\
---------------------------------------------------------------------------
    \19\U.S. Customs and Border Protection, Program and Partners, 
https://www.cbp.gov/border-security/ports-entry/resource-opt-strategy/
public-private-partnerships/reimbursable-services-program/program-and-
partners.
    \20\Id.
    \21\Id.
    \22\Consolidated Appropriations Act, Pub. L. No. 114-113, Sec. 550, 
129 Stat. 2242, 2519 (2015).
    \23\FY 2015 Report to Congress at 29.
---------------------------------------------------------------------------
    Section 559 of the Consolidated Appropriations Act of 2014 
also expanded this public-private partnership authority to 
allow CBP, in consultation with the General Services 
Administration (GSA), to enter into agreements to receive 
donations of property or non-personal services at ports of 
entry.\24\ GSA manages 124 of the 167 land ports of entry along 
United States borders, and the Federal Government owns or 
partially owns 102.\25\ For the past five years, Congress 
appropriated $300 million less than what GSA requested from the 
Federal Buildings Fund to make upgrades and modernizations at 
land ports of entry.\26\ These projects would serve to enhance 
border security and improve the flow of commerce.\27\ As a 
result, GSA is receiving ``intense interest'' in alternative 
funding sources for these projects at land ports of entry.\28\ 
Under Section 559, GSA and CBP developed Donation Acceptance 
Procedures Framework to evaluate received proposals. CBP, with 
agreement from GSA, selected three proposals of which CBP, GSA, 
and the project sponsor are collaboratively planning and 
developing to realize CBP's operational needs at an appropriate 
cost, schedule, and risk.\29\
---------------------------------------------------------------------------
    \24\Consolidated Appropriations Act, supra note 13.
    \25\A New Approach to Increase Trade and Security: An Examination 
of CBP's Public Private Partnerships: Hearing Before the Subcomm. on 
Border and Maritime Security of the H. Comm. on Homeland Sec., 114th 
Cong. (2015) (statement of Michael Gelber, Deputy Commissioner, Public 
Buildings Service, U.S. Gen. Serv. Administration).
    \26\Id.
    \27\Id.
    \28\Id.
    \29\Id.
---------------------------------------------------------------------------
    The Cross-Border Trade Enhancement Act of 2016 will expand 
the CBP's public-private partnership authority by removing the 
limitations for reimbursable service agreements at air ports of 
entry and by improving the application process to be more 
efficient and practical for private sector and state and local 
government entities submitting proposals. The bill will remove 
the limit on the number of reimbursable service agreements CBP 
may enter into with air ports of entry and allow air ports of 
entry to reimburse CBP for the salaries and expenses of up to 
five officers per agreement, not just overtime costs as 
currently allowed. This will permit more United States airports 
to enter into these public-private partnerships, including 
smaller regional airports with a limited number of CBP 
personnel. CBP will be required to develop procedures to 
institute year-round review of proposals for agreements for 
donations to ports of entry. The bill would also set a deadline 
for CBP to decide on proposals and require it to provide a 
reason for denials. The bill would also allow CBP to accept 
advance payments from these agreements. This bill authorizes 
CBP to enter into these public-private partnerships for 10 
years.
    This bill also works to alleviate challenges in the hiring 
process of CBP law enforcement officers by allowing CBP to 
waive the polygraph requirement for certain eligible veterans 
of the Armed Forces.

                        III. Legislative History

    S. 461, the Cross-Border Trade Enhancement Act of 2016, was 
introduced on February 11, 2015, by Senators John Cornyn and 
Amy Klobuchar. Senators Ron Johnson and Dean Heller joined as 
co-sponsors on May 18, 2016, and May 19, 2016, respectively. 
The bill was referred to the Committee on Homeland Security and 
Governmental Affairs.
    The Committee considered S. 461 at a business meeting on 
May 25, 2016. During the business meeting, Chairman Johnson and 
Ranking Member Tom Carper offered a modified substitute 
amendment that made several changes to the base bill, including 
lifting the cap on the number of reimbursable service 
agreements allowed at air ports of entry and allowing 
reimbursable service agreements to compensate for the salaries 
and expenses of up to five CBP officers, as well as overtime 
expenses.
    Ranking Member Carper also offered an amendment that would 
permit CBP to waive the polygraph requirement for Armed Forces 
veterans that meet certain requirements.
    Both amendments were adopted en bloc by voice vote, and the 
legislation, as modified by the two amendments, was then passed 
by voice vote with Senators Johnson, Portman, Paul, Lankford, 
Ayotte, Ernst, Sasse, Carper, McCaskill, Tester, Baldwin, 
Heitkamp, Booker, and Peters present.

        IV. Section-by-Section Analysis of the Bill, as Reported

Section 1. Short title

    This section establishes the short title of the bill as the 
``Cross-Border Trade Enhancement Act of 2016.''

Section 2. Repeal and transition provision

    This section repeals the pilot programs established under 
section 560 of the Department of Homeland Security 
Appropriations Act of 2013 and section 559 of the Department of 
Homeland Security Appropriations Act of 2014. It specifies that 
the repeal has no effect on any agreements entered into or 
accepted for consideration by CBP or the General Services 
Administration (GSA) under these pilot programs.

Section 3. Definitions

    This section defines key terms in the bill.

Section 4. Authority to enter into fee agreements for the provision of 
        certain services of U.S. Customs and Border Protection

    Subsection (a) allows CBP to enter into an agreement with a 
private or government entity for the services of CBP personnel 
at CBP-serviced ports of entry or facilities. There is no limit 
on the number of these agreements for which CBP may enter into, 
but the Commissioner is provided the authority to impose such a 
limit should these agreements cause resource or allocation 
constraints. Under this section, CBP is authorized to enter 
into an agreement for the reimbursement of the salaries and 
expenses for up to five full-time equivalent CBP officers at an 
applicant air port of entry. CBP is required to provide equal 
consideration to all sizes of ports of entry applicants and 
must provide a reason to the applicant for any denied fee 
agreement proposal.
    Subsection (b) delineates the fee payments under the 
agreements entered into under this section and the parties' 
rights to terminate the agreements.
    Subsection (c) requires CBP to provide an annual report to 
Congress on each fee agreement entered into during the previous 
year.
    Subsection (d) adds the program created by this section to 
the list of programs with required reporting requirements to 
Congress under the Trade Facilitation and Trade Enforcement Act 
of 2015.

Section 5. Authority to enter into agreements to accept donations for 
        ports of entry

    Subsection (a) authorizes CBP, in collaboration with GSA, 
to enter into agreements for CBP to receive donations of 
property or non-personal services at CBP-serviced ports of 
entry. If GSA has custody or control of the port of entry in 
the agreement, GSA may enter into the agreement, in 
collaboration with CBP.
    Subsection (b) describes the acceptable uses of a donation 
under an agreement authorized by this section.
    Subsection (c) prohibits CBP from using any monetary 
donations to pay for the salaries of CBP employees.
    Subsection (d) allows the term of an agreement under this 
section to be as long as required to meet the terms of the 
agreement.
    Subsection (e) outlines the role of GSA for donation 
agreements.
    Subsection (f) requires CBP, in consultation with GSA, to 
issue procedures for CBP to evaluate proposals for donation 
agreements on a year-round basis. The procedures will also 
evaluate the possibility of engaging in cost-sharing or 
reimbursement agreements and whether such agreements would 
improve facility conditions and services provided at CBP ports 
of entry.
    Under subsection (g), CBP, or, in some cases, GSA, is 
required to notify an applicant for a donation agreement if the 
submitted proposal is complete or incomplete. If the proposal 
is deemed incomplete, CBP will provide a detailed description 
of all specific information needed for a complete proposal. The 
applicant will then be permitted to resubmit the proposal for a 
donation agreement with the additional information for a 
complete proposal. After reviewing a complete and final 
proposal for a donation agreement, CBP will make a 
determination of denial or approval within 180 days and notify 
the applicant of the determination. This section also lists 
factors for CBP and GSA to consider in its determination of a 
proposal for a donation agreement.
    Subsection (h) allows CBP to use supplemental funding for 
property donated pursuant to an agreement under this section, 
including appropriated funds made available for the same 
purpose of the donation.
    Subsection (i) requires CBP or GSA to return any unused 
property or services donated pursuant to an agreement under 
this section.
    Subsection (j) prohibits CBP or GSA from owing any interest 
for any donation returned under subsection (i).
    Subsection (k) prohibits CBP or GSA from making 
expenditures for the receipt of a donation pursuant to an 
agreement under this section that would be an amount exceeding 
the value of the donation. This section does not prohibit CBP 
or GSA from using appropriated funds to utilize the donation 
during the course of its lifetime.
    Subsection (l) requires CBP, in collaboration with GSA, to 
report annually to Congress on each donation agreement entered 
into during the previous year.
    Subsection (m) clarifies that nothing in this section 
affects the responsibilities, duties, or authorities of CBP or 
GSA, nor does it create any rights or liabilities of the 
parties entering into agreements under this section.

Section 6

    This section authorizes the Commissioner of CBP to waive 
the polygraph requirement for applicants for CBP law 
enforcement positions provided that the applicants are 
veterans, have been deemed suitable for employment, hold a 
current security clearance that was granted without any 
waivers, and has a current Single Scope Background 
investigation.

Section 7

    This section authorizes CBP to enter into reimbursable 
service or donation acceptance agreements for ten years.

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 12, 2016.
Hon. Ron Johnson, Chairman,
Committee on Homeland Security and Governmental Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 461, the Cross-
Border Trade Enhancement Act of 2016.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

S. 461--Cross-Border Trade Enhancement Act of 2016

    S. 461 would extend the current authority for Customs and 
Border Protection (CBP) to accept donations of real and 
personal property, including monetary donations, from federal 
or nonfederal entities to establish or improve CBP facilities 
at ports of entry. The bill also would extend the current 
authority for CBP to enter into agreements to provide customs, 
agricultural processing, border security, or inspection-related 
immigration services for a fee that would cover the agency's 
costs. The authority to accept donations and enter into fee 
agreements expires in 2019 under current law; S. 461 would 
extend those authorities for 10 years after the date of 
enactment.
    Enacting S. 461 could affect direct spending by increasing 
offsetting receipts from donations and fee agreements as well 
as the associated direct spending of those funds; therefore, 
pay-as-you-go procedures apply. However, CBO estimates that the 
net effect on direct spending would be insignificant. Enacting 
the bill would not affect revenues.
    CBO estimates that enacting the legislation would not 
increase net direct spending or on-budget deficits in any of 
the four consecutive 10-year periods beginning in 2027.
    S. 461 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act. Any 
costs to state, local, and tribal governments from engaging CBP 
to provide certain services would result from voluntary 
agreements.
    The CBO staff contact for this estimate is Mark Grabowicz. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

       VII. Changes in Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows: (existing law 
proposed to be omitted is enclosed in brackets, new matter is 
printed in italic, and existing law in which no change is 
proposed is shown in roman):

UNITED STATES CODE

           *       *       *       *       *       *       *

TITLE 6--DOMESTIC SECURITY

           *       *       *       *       *       *       *

CHAPTER 1--HOMELAND SECURITY ORGANIZATION

           *       *       *       *       *       *       *

Subchapter IV--Border, Maritime, and Transportation Security

           *       *       *       *       *       *       *

PART B--U.S. CUSTOMS AND BORDER PROTECTION

           *       *       *       *       *       *       *

SEC. 221. REQUIREMENTS WITH RESPECT TO ADMINISTERING POLYGRAPH 
                    EXAMINATIONS TO LAW ENFORCEMENT PERSONNEL OF U.S. 
                    CUSTOMS AND BORDER PROTECTION

    (a) In General.--The Secretary [The Secretary] of Homeland 
Security shall ensure that--
          (1) by not later than 2 years after January 4, 2011, 
        all applicants for law enforcement positions with U.S. 
        Customs and Border Protection (except as provided in 
        subsection (b)) receive polygraph examinations before 
        being hired for such a position; and
          (2) * *  *
    (b) Waiver.--The Commissioner of U.S. Customs and Border 
Protection may waive the polygraph examination requirement 
under subsection (a)(1) for any applicant who--
          (1) is deemed suitable for employment;
          (2) holds a current, active Top Secret/Sensitive 
        Compartmented Information Clearance;
          (3) has a current Single Scope Background 
        Investigation;
          (4) was not granted any waivers to obtain his or her 
        clearance; and
          (5) is a veteran (as such term is defined in section 
        2108 or 2109(a) of title 5, United States Code).

           *       *       *       *       *       *       *

CONSOLIDATED APPROPRIATIONS ACT, 2013

           *       *       *       *       *       *       *

DIVISION D--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS, 2013

           *       *       *       *       *       *       *

                      TITLE V--GENERAL PROVISIONS

[SEC. 560.

    [(a) Notwithstanding sections 58c(e) and 1451 of title 19, 
United States Code, upon the request of any persons, the 
Commissioner of U.S. Customs and Border Protection may enter 
into reimbursable fee agreements for a period of up to 5 years 
with such persons for the provision of U.S. Customs and Border 
Protection services and any other costs incurred by U.S. 
Customs and Border Protection relating to such services. Such 
requests may include additional U.S. Customs and Border 
Protection services at existing U.S. Customs and Border 
Protection-serviced facilities (including but not limited to 
payment for overtime), the provision of U.S. Customs and Border 
Protection services at new facilities, and expanded U.S. 
Customs and Border Protection services at land border 
facilities.
          [(1) By December 31, 2013, the Commissioner may enter 
        into not more than 5 agreements under this section.
          [(2) The Commissioner shall not enter into such an 
        agreement if it would unduly and permanently impact 
        services funded in this or any other appropriations 
        Acts, or provided from any accounts in the Treasury of 
        the United States derived by the collection of fees.
    [(b) Funds collected pursuant to any agreement entered into 
under this section shall be deposited in a newly established 
account as offsetting collections and remain available until 
expended, without fiscal year limitation, and shall directly 
reimburse each appropriation for the amount paid out of that 
appropriation for any expenses incurred by U.S. Customs and 
Border Protection in providing U.S. Customs and Border 
Protection services and any other costs incurred by U.S. 
Customs and Border Protection relating to such services.
    [(c) The amount of the fee to be charged pursuant to an 
agreement authorized under subsection (a) of this section shall 
be paid by each person requesting U.S. Customs and Border 
Protection services and shall include, but shall not be limited 
to, the salaries and expenses of individuals employed by U.S. 
Customs and Border Protection to provide such U.S. Customs and 
Border Protection services and other costs incurred by U.S. 
Customs and Border Protection relating to those services, such 
as temporary placement or permanent relocation of those 
individuals.
    [(d) U.S. Customs and Border Protection shall terminate the 
provision of services pursuant to an agreement entered into 
under subsection (a) with a person that, after receiving notice 
from the Commissioner that a fee imposed under subsection (a) 
is due, fails to pay the fee in a timely manner. In the event 
of such termination, all costs incurred by U.S. Customs and 
Border Protection, which have not been reimbursed, will become 
immediately due and payable. Interest on unpaid fees will 
accrue based on current U.S. Treasury borrowing rates. 
Additionally, any person who, after notice and demand for 
payment of any fee charged under subsection (a) of this 
section, 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 the fee. Any amount collected pursuant to any 
agreement entered into under this subsection shall be deposited 
into the account specified under subsection (b) of this section 
and shall be available as described therein.
    [(e) Each facility at which such U.S. Customs and Border 
Protection services are performed shall provide, maintain, and 
equip, without cost to the Government, facilities in accordance 
with U.S. Customs and Border Protection specifications.
    [(f) The authority found in this section may not be used to 
enter into agreements to expand or begin to provide U.S. 
Customs and Border Protection services outside of the United 
States.
    [(g) The authority found in this section may not be used at 
existing U.S. Customs and Border Protection-serviced air 
facilities to enter into agreements for costs other than 
payment of overtime.
    [(h) The Commissioner shall notify the appropriate 
Committees of Congress 15 days prior to entering into any 
agreement under the authority of this section and shall provide 
a copy of the agreement to the appropriate Committees of 
Congress.
    [(i) For purposes of this section the terms:
          [(1) U.S. Customs and Border Protection ``services'' 
        means any activities of any employee or contractor of 
        U.S. Customs and Border Protection pertaining to 
        customs and immigration inspection-related matters.
          [(2) ``Person'' means any natural person or any 
        corporation, partnership, trust, association, or any 
        other public or private entity, or any officer, 
        employee, or agent thereof.
          [(3) ``Appropriate Committees of Congress'' means the 
        Committees on Appropriations; Finance; Judiciary; and 
        Homeland Security and Governmental Affairs of the 
        Senate and the Committees on Appropriations; Judiciary; 
        Ways and Means; and Homeland Security of the House of 
        Representatives.]

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CONSOLIDATED APPROPRIATIONS ACT, 2014

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DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2014

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                      TITLE V--GENERAL PROVISIONS

[SEC. 559.

    [(a) In General.--In addition to existing authorities, the 
Commissioner of U.S. Customs and Border Protection, in 
collaboration with the Administrator of General Services, is 
authorized to conduct a pilot program in accordance with this 
section to permit U.S. Customs and Border Protection to enter 
into partnerships with private sector and government entities 
at ports of entry for certain services and to accept certain 
donations.
    [(b) Rule of Construction.--Except as otherwise provided in 
this section, nothing in this section may be construed as 
affecting in any manner the responsibilities, duties, or 
authorities of U.S. Customs and Border Protection or the 
General Services Administration.
    [(c) Duration.--The pilot program described in subsection 
(a) shall be for five years. A partnership entered into during 
such pilot program may last as long as required to meet the 
terms of such partnership. At the end of such five year period, 
the Commissioner may request that such pilot program be made 
permanent.
    [(d) Coordination.--
          [(1) In general.--The Commissioner, in consultation 
        with participating private sector and government 
        entities in a partnership under subsection (a), shall 
        provide the Administrator with information relating to 
        U.S. Customs and Border Protection's requirements for 
        new facilities or upgrades to existing facilities at 
        land ports of entry.
          [(2) Criteria.--The Commissioner and the 
        Administrator shall establish criteria for entering 
        into a partnership under subsection (a) that include 
        the following:
                  [(A) Selection and evaluation of potential 
                partners.
                  [(B) Identification and documentation of 
                roles and responsibilities between U.S. Customs 
                and Border Protection, General Services 
                Administration, and private and government 
                partners.
                  [(C) Identification, allocation, and 
                management of explicit and implicit risks of 
                partnering between U.S. Customs and Border 
                Protection, General Services Administration, 
                and private and government partners.
                  [(D) Decision-making and dispute resolution 
                processes in partnering arrangements.
                  [(E) Criteria and processes for U.S. Customs 
                and Border Protection and General Services 
                Administration to terminate agreements if 
                private or government partners are not meeting 
                the terms of such a partnership, including the 
                security standards established by U.S. Customs 
                and Border Protection.
          [(3) Evaluation plan.--The Commissioner, in 
        collaboration with the Administrator, shall submit to 
        the Committee on Homeland Security, the Committee on 
        Transportation and Infrastructure, and the Committee on 
        Appropriations of the House of Representatives and the 
        Committee on Homeland Security and Governmental 
        Affairs, the Committee on Environment and Public Works, 
        and the Committee on Appropriations of the Senate, an 
        evaluation plan for the pilot program described in 
        subsection (a) that includes the following:
                  [(A) Well-defined, clear, and measurable 
                objectives.
                  [(B) Performance criteria or standards for 
                determining the performance of such pilot 
                program.
                  [(C) Clearly articulated evaluation 
                methodology, including--
                          [(i) sound sampling methods;
                          [(ii) a determination of appropriate 
                        sample size for the evaluation design;
                          [(iii) a strategy for tracking such 
                        pilot program's performance; and
                          [(iv) an evaluation of the final 
                        results.
                  [(D) A plan detailing the type and source of 
                data necessary to evaluate such pilot program, 
                methods for data collection, and the timing and 
                frequency of data collection.
    [(e) Authority To Enter Into Agreements for the Provision 
of Certain Services at Ports of Entry.--
          [(1) In general.--Notwithstanding section 13031(e) of 
        the Consolidated Omnibus Budget Reconciliation Act of 
        1985 (19 U.S.C. 58c(e)) and section 451 of the Tariff 
        Act of 1930 (19 U.S.C. 1451), the Commissioner may, 
        during the pilot program described in subsection (a) 
        and upon the request of a private sector or government 
        entity with which U.S. Customs and Border Protection 
        has entered into a partnership, enter into a 
        reimbursable fee agreement with such entity under 
        which--
                  [(A) U.S. Customs and Border Protection will 
                provide services described in paragraph (2) at 
                a port of entry;
                  [(B) such entity will pay a fee imposed under 
                paragraph (4) to reimburse U.S. Customs and 
                Border Protection for the costs incurred in 
                providing such services; and
                  [(C) each facility at which U.S. Customs and 
                Border Protection services are performed shall 
                be provided, maintained, and equipped by such 
                entity, without cost to the Federal Government, 
                in accordance with U.S. Customs and Border 
                Protection specifications.
          [(2) Services described.--Services described in this 
        paragraph are any activities of any employee or 
        contractor of U.S. Customs and Border Protection 
        pertaining to customs, agricultural processing, border 
        security, and immigration inspection-related matters at 
        ports of entry.
          [(3) Limitations.--
                  [(A) Impacts of services.--The Commissioner 
                may not enter into a reimbursable fee agreement 
                under this subsection if such agreement would 
                unduly and permanently impact services funded 
                in this or any other appropriations Act, or 
                provided from any account in the Treasury of 
                the United States derived by the collection of 
                fees.
                  [(B) For certain costs.--The authority found 
                in this subsection may not be used at U.S. 
                Customs and Border Protection-serviced air 
                ports of entry to enter into reimbursable fee 
                agreements for costs other than payment of 
                overtime.
                  [(C) The authority found in this subsection 
                may not be used to enter into new preclearance 
                agreements or begin to provide U.S. Customs and 
                Border Protection services outside of the 
                United States.
                  [(D) The authority found in this subsection 
                shall be limited with respect to U.S. Customs 
                and Border Protection-serviced air ports of 
                entry to five pilots per year.
          [(4) Fee.--
                  [(A) In general.--The amount of the fee to be 
                charged pursuant to an agreement authorized 
                under paragraph (1) shall be paid by each 
                private sector and government entity requesting 
                U.S. Customs and Border Protection services, 
                and shall include the salaries and expenses of 
                individuals employed by 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 individuals.
                  [(B) Oversight of fees.--The Commissioner 
                shall develop a process to oversee the 
                activities reimbursed by the fees charged 
                pursuant to an agreement authorized under 
                paragraph (1) that includes the following:
                          [(i) A determination and report on 
                        the full costs of providing services, 
                        including direct and indirect costs, 
                        including a process for increasing such 
                        fees as necessary.
                          [(ii) Establishment of a monthly 
                        remittance schedule to reimburse 
                        appropriations.
                          [(iii) Identification of overtime 
                        costs to be reimbursed by such fees.
          [(5) Deposit of funds.--Funds collected pursuant to 
        any agreement entered into under paragraph (1) shall be 
        deposited as offsetting collections and remain 
        available until expended, without fiscal year 
        limitation, and shall directly reimburse each 
        appropriation for the amount paid out of that 
        appropriation for any expenses incurred by U.S. Customs 
        and Border Protection in providing U.S. Customs and 
        Border Protection services and any other costs incurred 
        by U.S. Customs and Border Protection relating to such 
        services.
          [(6) Termination.--The Commissioner shall terminate 
        the provision of services pursuant to an agreement 
        entered into under paragraph (1) with a private sector 
        or government entity that, after receiving notice from 
        the Commissioner that a fee imposed under paragraph (4) 
        is due, fails to pay such fee in a timely manner. In 
        the event of such termination, all costs incurred by 
        U.S. Customs and Border Protection, which have not been 
        reimbursed, will become immediately due and payable. 
        Interest on unpaid fees will accrue based on current 
        Treasury borrowing rates. Additionally, any private 
        sector or government entity that, after notice and 
        demand for payment of any fee charged under paragraph 
        (4), 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 amount collected 
        pursuant to any agreement entered into under paragraph 
        (1) shall be deposited into the account specified under 
        paragraph (5) and shall be available as described 
        therein.
          [(7) Notification.--The Commissioner shall notify the 
        Congress 15 days prior to entering into any agreement 
        under paragraph (1) and shall provide a copy of such 
        agreement.
    [(f) Donations.--
          (1) In general.--Subject to paragraph (2), the 
        Commissioner and the Administrator may, during the 
        pilot program described in subsection (a), accept a 
        donation of real or personal property (including 
        monetary donations) or nonpersonal services from any 
        private sector or government entity with which U.S. 
        Customs and Border Protection has entered into a 
        partnership.
          [(2) Allowable uses of donations.--The Commissioner 
        and the Administrator, with respect to any donation 
        provided pursuant to paragraph (1), may--
                  [(A) use such donation for necessary 
                activities related to the construction, 
                alteration, operation, or maintenance of an 
                existing port of entry facility under the 
                jurisdiction, custody, and control of the 
                Commissioner, 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 for necessary activities 
                described in subparagraph (A) related to a new 
                or existing port of entry under the 
                jurisdiction, custody, and control of the 
                Administrator, subject to chapter 33 of title 
                40, United States Code.
          [(3) Consultation and budget.--
                  [(A) With the private sector or government 
                entity.--To accept a donation described in 
                paragraph (1), the Commissioner and the 
                Administrator shall--
                          [(i) consult with the appropriate 
                        stakeholders and the private sector or 
                        government entity that is providing the 
                        donation and provide such entity with a 
                        description of the intended use of such 
                        donation; and
                          [(ii) submit to the Committee on 
                        Appropriations, the Committee on 
                        Homeland Security, and the Committee on 
                        Transportation and Infrastructure of 
                        the House of Representatives and the 
                        Committee on Appropriations, the 
                        Committee on Homeland Security and 
                        Governmental Affairs, and the Committee 
                        on Environment and Public Works of the 
                        Senate a report not later than one year 
                        after the date of enactment of this 
                        Act, and annually thereafter, 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, alternation, 
                                operation, or maintenance of a 
                                new or existing land port of 
                                entry.
                  [(B) Savings provision.--Nothing in this 
                paragraph may be construed to--
                          [(i) create any right or liability of 
                        the parties referred to in subparagraph 
                        (A); or
                          [(ii) affect any consultation 
                        requirement under any other law.
          [(4) Evaluation procedures.--Not later than 180 days 
        after the date of the enactment of this Act, the 
        Commissioner, in consultation with the Administrator, 
        shall establish procedures for evaluating a proposal 
        submitted by a private sector or government entity to 
        make a donation of real or personal property (including 
        monetary donations) or nonpersonal services under 
        paragraph (1) relating to a port of entry under the 
        jurisdiction, custody and control of the Commissioner 
        or the Administrator and make any such evaluation 
        criteria publicly available.
          [(5) Considerations.--In determining whether or not 
        to approve a proposal referred to in paragraph (4), the 
        Commissioner or the Administrator shall consider--
                  [(A) the impact of such proposal on the port 
                of entry at issue and other ports of entry on 
                the same border;
                  [(B) the potential of such proposal to 
                increase trade and travel efficiency through 
                added capacity;
                  [(C) the potential of such proposal to 
                enhance the security of the port of entry at 
                issue;
                  [(D) the funding available to complete the 
                intended use of a donation under this 
                subsection, if such donation is real property;
                  [(E) the costs of maintaining and operating 
                such donation;
                  [(F) whether such donation, if real property, 
                satisfies the requirements of such proposal, or 
                whether additional real property would be 
                required;
                  [(G) an explanation of how such donation, if 
                real property, was secured, including if 
                eminent domain was used;
                  [(H) the impact of such proposal on staffing 
                requirements; and
                  [(I) other factors that the Commissioner or 
                Administrator determines to be relevant.
          [(6) Unconditional monetary donations.--A monetary 
        donation shall be made unconditionally, although the 
        donor may specify--
                  [(A) the port of entry facility or facilities 
                to be benefitted from such donation; and
                  [(B) the timeframe during which such donation 
                shall be used.
          [(7) Supplemental funding.--Real or personal property 
        (including monetary donations) or nonpersonal services 
        donated 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.
          [(8) Return of donations.--If the Commissioner or the 
        Administrator does not use the real property or 
        monetary donation donated pursuant to paragraph (1) for 
        the specific port of entry facility or facilities 
        designated by the donor or within the timeframe 
        specified by the donor, such donated real property or 
        money may be returned to the donor. No interest shall 
        be owed to the donor with respect to any donation of 
        funding provided under such paragraph (1) that is 
        returned pursuant to this paragraph.
          [(9) Savings provisions.--Nothing in this subsection 
        may be construed to affect or alter the existing 
        authority of the Commissioner or the Administrator to 
        construct, alter, operate, and maintain port of entry 
        facilities.
    [(g) Annual Reports.--The Commissioner, in collaboration 
with the Administrator, shall annually submit to the Committee 
on Homeland Security and the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs and the 
Committee on Environment and Public Works of the Senate a 
report on the pilot program and activities undertaken pursuant 
thereto in accordance with this Act.
    [(h) Definitions.--In this section--
          [(1) the term ``private sector entity'' means any 
        corporation, partnership, trust, association, or any 
        other private entity, or any officer, employee, or 
        agent thereof;
          [(2) the term ``Commissioner'' means the Commissioner 
        of U.S. Customs and Border Protection; and (3) the term 
        ``Administrator'' means the Administrator of General 
        Services.
    [(i) Role of General Services Administration.--Under this 
section, collaboration with the Administrator of General 
Services is required only with respect to partnerships at land 
ports of entry.]

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TRADE FACILITATION AND TRADE ENFORCEMENT ACT OF 2015

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TITLE IX--MISCELLANEOUS PROVISIONS

           *       *       *       *       *       *       *

SEC. 907. REPORT ON CERTAIN U.S. CUSTOMS AND BORDER PROTECTION 
                    AGREEMENTS.

    (a) * * *
    (b)
          (1) * * *
          (2) * * *
          (3) the program under which U.S. Customs and Border 
        Protection collects a fee for the use of customs 
        services at designated facilities under section 236 of 
        the Trade and Tariff Act of 1984 (19 U.S.C. 58b); [or]
          (4) the program established by subtitle B of title 
        VIII of this Act authorizing U.S. Customs and Border 
        Protection to establish preclearance operations in 
        foreign countries[.]; or
          (5) the program for entering into reimbursable fee 
        agreements for the provision of U.S. Customs and Border 
        Protection services established by the Cross-Border 
        Trade Enhancement Act of 2016.

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