H. R. 875 

One Hundred Fourteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Monday, 

the fourth day of January, two thousand and sixteen 

An Act 

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. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Cross-Border Trade Enhancement 

Act of 2016’’. 

SEC. 2. PUBLIC-PRIVATE PARTNERSHIPS. 

(a) IN GENERAL.—Title IV of the Homeland Security Act of 

2002 (6 U.S.C. 202 et seq.) is amended by adding at the end 

the following: 

‘‘Subtitle G—U.S. Customs and Border 

Protection Public Private Partnerships 

‘‘SEC. 481. FEE AGREEMENTS FOR CERTAIN SERVICES AT PORTS OF 

ENTRY. 

‘‘(a) 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 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 
H. R. 875—2 

411(e)) 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 

the date of enactment of this section, 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 Act; 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 fulltime 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 
H. R. 875—3 

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; 
H. R. 875—4 

‘‘(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 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 the 

Internal Revenue Code of 1986. 

‘‘(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 

the date of enactment of this section, 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; 
H. R. 875—5 

‘‘(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. 

‘‘SEC. 482. PORT OF ENTRY DONATION AUTHORITY. 

‘‘(a) PERSONAL PROPERTY DONATION AUTHORITY.— 

‘‘(1) IN GENERAL.—The Commissioner of U.S. Customs and 

Border Protection, in consultation with the Administrator of 

General Services, may enter into an agreement with any entity 

to accept a donation of personal property, money, or nonpersonal services for the uses described in paragraph (3) only 

with respect to the following locations at which U.S. Customs 

and Border Protection performs or will be performing inspection 

services: 

‘‘(A) A new or existing sea or air port of entry. 

‘‘(B) An existing Federal Government-owned land port 

of entry. 

‘‘(C) A new Federal Government-owned land port of 

entry if— 

‘‘(i) the fair market value of the donation is 

$50,000,000 or less; and 

‘‘(ii) 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. 

‘‘(2) LIMITATION ON MONETARY DONATIONS.—Any monetary 

donation accepted pursuant to this subsection may not be used 

to pay the salaries of U.S. Customs and Border Protection 

employees performing inspection services. 

‘‘(3) USES.—Donations accepted pursuant to this subsection 

may be used for activities of the Office of Field Operations 

set forth in subparagraphs (A) through (F) of section 411(g)(3), 

which are related to a new or existing sea or air port of 

entry or a new or existing Federal Government-owned land 

port of entry described in paragraph (1), including expenses 

related to— 

‘‘(A) furniture, fixtures, equipment, or technology, 

including the installation or deployment of such items; 

and 

‘‘(B) the operation and maintenance of such furniture, 

fixtures, equipment, or technology. 

‘‘(b) REAL PROPERTY DONATION AUTHORITY.— ‘‘(1) IN GENERAL.—Subject to paragraph (3), the Commissioner of U.S. Customs and Border Protection, and the Administrator of the General Services Administration, as applicable, 

may enter into an agreement with any entity to accept a 

donation of real property or money for uses described in paragraph (2) only with respect to the following locations at which 
H. R. 875—6 

U.S. Customs and Border Protection performs or will be performing inspection services: 

‘‘(A) A new or existing sea or air port of entry. 

‘‘(B) An existing Federal Government-owned land port 

of entry. 

‘‘(C) A new Federal Government-owned land port of 

entry if— 

‘‘(i) the fair market value of the donation is 

$50,000,000 or less; and 

‘‘(ii) 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. 

‘‘(2) USE.—Donations accepted pursuant to this subsection 

may be used for activities of the Office of Field Operations 

set forth in section 411(g), which are related to the construction, 

alteration, operation, or maintenance of a new or existing sea 

or air port of entry or a new or existing a Federal Governmentowned land port of entry described in paragraph (1), including 

expenses related to— 

‘‘(A) land acquisition, design, construction, repair, or 

alteration; and 

‘‘(B) operation and maintenance of such port of entry 

facility. 

‘‘(3) LIMITATION ON REAL PROPERTY DONATIONS.—A donation of real property under this subsection at an existing land 

port of entry owned by the General Services Administration 

may only be accepted by the Administrator of General Services. 

‘‘(4) SUNSET.— 

‘‘(A) IN GENERAL.—The authority to enter into an agreement under this subsection shall terminate on the date 

that is 4 years after the date of the enactment of this 

section. 

‘‘(B) RULE OF CONSTRUCTION.—The termination date 

referred to in subparagraph (A) shall not apply to carrying 

out the terms of an agreement under this subsection if 

such agreement is entered into before such termination 

date. 

‘‘(c) GENERAL PROVISIONS.— ‘‘(1) DURATION.—An agreement entered into under subsection (a) or (b) (and, in the case of such subsection (b), 

in accordance with paragraph (4) of such subsection) may last 

as long as required to meet the terms of such agreement. 

‘‘(2) CRITERIA.—In carrying out an agreement entered into 

under subsection (a) or (b), the Commissioner of U.S. Customs 

and Border Protection, in consultation with the Administrator 

of General Services, shall establish criteria regarding— 

‘‘(A) the selection and evaluation of donors; 

‘‘(B) the identification of roles and responsibilities 

between U.S. Customs and Border Protection, the General 

Services Administration, and donors; 

‘‘(C) the identification, allocation, and management of 

explicit and implicit risks of partnering between the Federal Government and donors; 

‘‘(D) decision-making and dispute resolution processes; 

and 

‘‘(E) processes for U.S. Customs and Border Protection, 

and the General Services Administration, as applicable, 
H. R. 875—7 

to terminate agreements if selected donors are not meeting 

the terms of any such agreement, including the security 

standards established by U.S. Customs and Border Protection. 

‘‘(3) EVALUATION PROCEDURES.— 

‘‘(A) IN GENERAL.—The Commissioner of U.S. Customs 

and Border Protection, in consultation with the Administrator of General Services, as applicable, shall— 

‘‘(i) establish criteria for evaluating a proposal to 

enter into an agreement under subsection (a) or (b); 

and 

‘‘(ii) make such criteria publicly available. 

‘‘(B) CONSIDERATIONS.—Criteria established pursuant 

to subparagraph (A) shall consider— 

‘‘(i) the impact of a proposal referred to in such 

subparagraph on the land, sea, or air port of entry 

at issue and other ports of entry or similar facilities 

or other infrastructure near the location of the proposed donation; 

‘‘(ii) such proposal’s potential to increase trade and 

travel efficiency through added capacity; 

‘‘(iii) such proposal’s potential to enhance the security of the port of entry at issue; 

‘‘(iv) the impact of the proposal on reducing wait 

times at that port of entry or facility and other ports 

of entry on the same border; 

‘‘(v) for a donation under subsection (b)— 

‘‘(I) whether such donation satisfies the 

requirements of such proposal, or whether additional real property would be required; and 

‘‘(II) how such donation was acquired, 

including if eminent domain was used; 

‘‘(vi) the funding available to complete the intended 

use of such donation; 

‘‘(vii) the costs of maintaining and operating such 

donation; 

‘‘(viii) the impact of such proposal on U.S. Customs 

and Border Protection staffing requirements; and 

‘‘(ix) other factors that the Commissioner or 

Administrator determines to be relevant. 

‘‘(C) DETERMINATION AND NOTIFICATION.— 

‘‘(i) INCOMPLETE PROPOSALS.— 

‘‘(I) IN GENERAL.—Not later than 60 days after 

receiving the proposals for a donation agreement 

from an entity, the Commissioner of U.S. Customs 

and Border Protection shall notify such entity as 

to whether such proposal is complete or incomplete. 

‘‘(II) RESUBMISSION.—If the Commissioner of 

U.S. Customs and Border Protection determines 

that a proposal is incomplete, the Commissioner 

shall— 

‘‘(aa) notify the appropriate entity and provide such entity with a description of all 

information or material that is needed to complete review of the proposal; and 
H. R. 875—8 

‘‘(bb) allow the entity to resubmit the proposal with additional information and material 

described in item (aa) to complete the proposal. 

‘‘(ii) COMPLETE PROPOSALS.—Not later than 180 

days after receiving a completed proposal to enter into 

an agreement under subsection (a) or (b), the Commissioner of U.S. Customs and Border Protection, with 

the concurrence of the Administrator of General Services, as applicable, shall— 

‘‘(I) determine whether to approve or deny 

such proposal; and 

‘‘(II) notify the entity that submitted such proposal of such determination. 

‘‘(4) SUPPLEMENTAL FUNDING.—Except as required under 

section 3307 of title 40, United States Code, real property 

donations to the Administrator of General Services made pursuant to subsection (a) and (b) at a GSA-owned land port of 

entry may be used in addition to any other funding for such 

purpose, including appropriated funds, property, or services. 

‘‘(5) RETURN OF DONATIONS.—The Commissioner of U.S. 

Customs and Border Protection, or the Administrator of General 

Services, as applicable, may return any donation made pursuant to subsection (a) or (b). No interest shall be owed to the 

donor with respect to any donation provided under such subsections that is returned pursuant to this subsection. 

‘‘(6) PROHIBITION ON CERTAIN FUNDING.— 

‘‘(A) IN GENERAL.—Except as provided in subsections 

(a) and (b) regarding the acceptance of donations, the 

Commissioner of U.S. Customs and Border Protection and 

the Administrator of General Services, as applicable, may 

not, with respect to an agreement entered into under either 

of such subsections, obligate or expend amounts in excess 

of amounts that have been appropriated pursuant to any 

appropriations Act for purposes specified in either of such 

subsections or otherwise made available for any of such 

purposes. 

‘‘(B) CERTIFICATION REQUIREMENT.—Before accepting 

any donations pursuant to an agreement under subsection 

(a) or (b), the Commissioner of U.S. Customs and Border 

Protection shall certify to the congressional committees 

set forth in paragraph (7) that the donation will not be 

used for the construction of a detention facility or a border 

fence or wall. 

‘‘(7) ANNUAL REPORTS.—The Commissioner of U.S. Customs 

and Border Protection, in collaboration with the Administrator 

of General Services, as applicable, shall submit an annual 

report identifying the activities undertaken and agreements 

entered into pursuant to subsections (a) and (b) to— 

‘‘(A) the Committee on Appropriations of the Senate; 

‘‘(B) the Committee on Environment and Public Works 

of the Senate; 

‘‘(C) the Committee on Finance of the Senate; 

‘‘(D) the Committee on Homeland Security and Governmental Affairs of the Senate; 

‘‘(E) the Committee on the Judiciary of the Senate; 

‘‘(F) the Committee on Appropriations of the House 

of Representatives; 
H. R. 875—9 

‘‘(G) the Committee on Homeland Security of the House 

of Representatives; 

‘‘(H) the Committee on the Judiciary of the House 

of Representatives; 

‘‘(I) the Committee on Transportation and Infrastructure of the House of Representatives; and 

‘‘(J) the Committee on Ways and Means of the House 

of Representatives. 

‘‘(d) GAO REPORT.—The Comptroller General of the United 

States shall submit an annual report to the congressional committees referred to in subsection (c)(7) that evaluates— 

‘‘(1) fee agreements entered into pursuant to section 481; 

‘‘(2) donation agreements entered into pursuant to subsections (a) and (b); and 

‘‘(3) the fees and donations received by U.S. Customs and 

Border Protection pursuant to such agreements. 

‘‘(e) JUDICIAL REVIEW.—Decisions of the Commissioner of U.S. 

Customs and Border Protection and the Administrator of the General Services Administration under this section regarding the 

acceptance of real or personal property are in the discretion of 

the Commissioner and the Administrator and are not subject to 

judicial review. 

‘‘(f) 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. 

‘‘SEC. 483. CURRENT AND PROPOSED AGREEMENTS. 

‘‘Nothing in this subtitle or in section 4 of the Cross-Border 

Trade Enhancement Act of 2016 may be construed as affecting— 

‘‘(1) any agreement entered into pursuant to section 560 

of division D of the Consolidated and Further Continuing 

Appropriations Act, 2013 (Public Law 113–6) or section 559 

of title V of division F of the Consolidated Appropriations 

Act, 2014 (6 U.S.C. 211 note; Public Law 113–76), as in existence on the day before the date of the enactment of this subtitle, 

and any such agreement shall continue to have full force and 

effect on and after such date; or 

‘‘(2) a proposal accepted for consideration by U.S. Customs 

and Border Protection pursuant to such section 559, as in 

existence on the day before such date of enactment. 

‘‘SEC. 484. DEFINITIONS. 

‘‘In this subtitle: 

‘‘(1) DONOR.—The term ‘donor’ means any entity that is 

proposing to make a donation under this Act. 

‘‘(2) ENTITY.—The term ‘entity’ means any— 

‘‘(A) person; 

‘‘(B) partnership, corporation, trust, estate, cooperative, 

association, or any other organized group of persons; 

‘‘(C) Federal, State or local government (including any 

subdivision, agency or instrumentality thereof); or 

‘‘(D) any other private or governmental entity.’’. 

(b) CLERICAL AMENDMENT.—The table of contents in section 

1(b) of the Homeland Security Act of 2002 is amended by adding 

at the end of the list of items relating to title IV the following: 
H. R. 875—10 

‘‘Subtitle G—U.S. Customs and Border Protection Public Private Partnerships 

‘‘Sec. 481. Fee agreements for certain services at ports of entry. 

‘‘Sec. 482. Port of entry donation authority. 

‘‘Sec. 483. Current and proposed agreements. 

‘‘Sec. 484. Definitions.’’. 

SEC. 3. MODIFICATION OF EXISTING REPORTS TO CONGRESS. 

Section 907(b) of the Trade Facilitation and Trade Enforcement 

Act of 2015 (Public Law 114–125) is amended— 

(1) in paragraph (3), by striking ‘‘or’’ at the end; 

(2) in paragraph (4), by striking the period at the end 

and inserting ‘‘; or’’; and 

(3) by adding at the end the following: 

‘‘(5) the program for entering into reimbursable fee agreements with U.S. Customs and Border Protection established 

under section 481 of the Homeland Security Act of 2002.’’. 

SEC. 4. REPEALS. 

(a) CONTRACT AUTHORITY.—Section 560 of division D of the 

Consolidated and Further Continuing Appropriations Act, 2013 

(Public Law 113–6) is repealed. 

(b) PARTNERSHIP PILOT PROGRAM.—Section 559 of division F 

of the Consolidated Appropriations Act, 2014 (6 U.S.C. 211 note; 

Public Law 113–76) is repealed. 

SEC. 5. WAIVER OF POLYGRAPH EXAMINATION REQUIREMENT FOR 

CERTAIN LAW ENFORCEMENT APPLICANTS. 

Section 3 of the Anti-Border Corruption Act of 2010 (Public 

Law 111–376; 6 U.S.C. 221) is amended— 

(1) in the matter preceding paragraph (1), by striking ‘‘The 

Secretary’’ and inserting the following: 

‘‘(a) IN GENERAL.—The Secretary’’; 

(2) in subsection (a)(1), as redesignated, by inserting 

‘‘(except as provided in subsection (b))’’ after ‘‘Border Protection’’; and 

(3) by adding at the end the following: 

‘‘(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 
H. R. 875—11 

‘‘(5) is a veteran (as defined in section 2108 of title 5, 

United States Code).’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.