II 

Calendar No. 559 

114TH CONGRESS 

2D SESSION 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. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 11, 2015 

Mr. CORNYN (for himself, Ms. KLOBUCHAR, Mr. JOHNSON, Mr. HELLER, and 

Mr. FLAKE) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

JULY 12, 2016 

Reported by Mr. JOHNSON, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

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

3 Enhancement Act of 2015’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) ADMINISTRATOR; ADMINISTRATION.—The 

7 terms ‘‘Administrator’’ and ‘‘Administration’’ mean 

8 the Administrator of General Services and the Gen9 eral Services Administration, respectively. 

10 (2) COMMISSIONER.—The term ‘‘Commis11 sioner’’ means the Commissioner of U.S. Customs 

12 and Border Protection. 

13 (3) PERSON.—The term ‘‘person’’ means— 

14 (A) an individual; or 

15 (B) a corporation, partnership, trust, asso16 ciation, or any other public or private entity, in17 cluding a State or local government. 

18 (4) RELEVANT COMMITTEES OF CONGRESS.— 

19 The term ‘‘relevant committees of Congress’’ 

20 means— 

21 (A) the Committee on Environment and 

22 Public Works of the Senate; 

23 (B) the Committee on Finance of the Sen24 ate; 

25 (C) the Committee on Homeland Security 

26 and Governmental Affairs of the Senate; 


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1 (D) the Committee on the Judiciary of the 

2 Senate; 

3 (E) the Committee on Homeland Security 

4 of the House of Representatives; 

5 (F) the Committee on the Judiciary of the 

6 House of Representatives; and 

7 (G) the Committee on Transportation and 

8 Infrastructure of the House of Representatives. 

9 SEC. 3. AUTHORITY TO ENTER INTO AGREEMENTS FOR THE 

10 PROVISION OF CERTAIN SERVICES AT LAND 

11 BORDER PORTS OF ENTRY. 

12 (a) AUTHORITY TO ENTER INTO AGREEMENTS.— 

13 (1) IN GENERAL.—Notwithstanding section 451 

14 of the Tariff Act of 1930 (19 U.S.C. 1451), and 

15 consistent with section 560 of the Department of 

16 Homeland Security Appropriations Act, 2013 (divi17 sion D of Public Law 113–6; 127 Stat. 378) and 

18 section 559 of the Department of Homeland Secu19 rity Appropriations Act, 2014 (division F of Public 

20 Law 113–76; 6 U.S.C. 211 note) the Commissioner 

21 may, during the 10-year period beginning on the 

22 date of the enactment of this Act and upon the re23 quest of any person, enter into an agreement with 

24 that person under which— 


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1 (A) U.S. Customs and Border Protection 

2 will provide the services described in paragraph 

3 (2) at a land border port of entry; and 

4 (B) that person will pay the fee described 

5 in subsection (b) to reimburse U.S. Customs 

6 and Border Protection for the costs incurred in 

7 providing such services. 

8 (2) SERVICES DESCRIBED.—Services described 

9 in this paragraph are any services related to cus10 toms, agricultural processing, border security, or in11 spection-related immigration matters provided by an 

12 employee or contractor of U.S. Customs and Border 

13 Protection at land border ports of entry. 

14 (3) LIMITATION.—The Commissioner may not 

15 modify existing requirements or reimbursement fee 

16 agreements in effect as of the date of the enactment 

17 of this Act unless the relevant person requests a 

18 modification to include services described in this sec19 tion. 

20 (4) SAVINGS PROVISION.—Nothing in this para21 graph may be construed to reduce the responsibil22 ities or duties of U.S. Customs and Border Protec23 tion to provide services at land border ports of entry 

24 that have been authorized or mandated by law and 

25 are funded in any appropriation Act or from any acVerDate Sep 11 2014 00:11 Jul 13, 2016 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S461.RS S461

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1 counts in the Treasury of the United States derived 

2 by the collection of fees. 

3 (b) FEE.— 

4 (1) IN GENERAL.—A person requesting U.S. 

5 Customs and Border Protection services shall pay a 

6 fee pursuant to an agreement under subsection (a) 

7 in an amount equal to the sum of— 

8 (A) a proportionate share of the salaries 

9 and expenses of the individuals employed by 

10 U.S. Customs and Border Protection who pro11 vided such services; and 

12 (B) other costs incurred by U.S. Customs 

13 and Border Protection relating to such services, 

14 such as temporary placement or permanent re15 location of such individuals. 

16 (2) OVERSIGHT OF FEES.—The Commissioner 

17 shall develop a process to oversee the activities reim18 bursed by the fees authorized under paragraph (1) 

19 that includes— 

20 (A) a determination and report on the full 

21 cost of providing services, including direct and 

22 indirect costs; 

23 (B) a process for increasing such fees, as 

24 necessary; 


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1 (C) the establishment of a monthly remit2 tance schedule to reimburse appropriations; and 

3 (D) the identification of overtime costs to 

4 be reimbursed by such fees. 

5 (3) DEPOSIT OF FUNDS.—Amounts collected in 

6 fees under paragraph (1)— 

7 (A) shall be deposited as an offsetting col8 lection; 

9 (B) shall remain available until expended, 

10 without fiscal year limitation; and 

11 (C) shall directly reimburse each appro12 priation account for the amount paid out of 

13 such account for— 

14 (i) any expenses incurred for pro15 viding U.S. Customs and Border Protec16 tion services to the person paying such fee; 

17 and 

18 (ii) any other costs incurred by the 

19 U.S. Customs and Border Protection relat20 ing to such services. 

21 (4) TERMINATION.— 

22 (A) IN GENERAL.—The Commissioner 

23 shall terminate the services provided pursuant 

24 to an agreement with a private sector or gov25 ernment entity under subsection (a) upon reVerDate Sep 11 2014 00:11 Jul 13, 2016 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S461.RS S461

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1 ceiving notice from the Commissioner that such 

2 entity failed to pay the fee imposed under para3 graph (1) in a timely manner. 

4 (B) EFFECT OF TERMINATION.—At the 

5 time services are terminated pursuant to sub6 paragraph (A), all costs incurred by U.S. Cus7 toms and Border Protection to provide services 

8 to the entity described in subparagraph (A), 

9 which have not been reimbursed by the entity, 

10 will become immediately due and payable. 

11 (C) INTEREST.—Interest on unpaid fees 

12 will accrue from the date of termination based 

13 on current Treasury borrowing rates. 

14 (D) PENALTIES.—Any private sector or 

15 government entity that fails to pay any fee in16 curred under paragraph (1) in a timely manner, 

17 after notice and demand for payment, shall be 

18 liable for a penalty or liquidated damage equal 

19 to 2 times the amount of such fee. 

20 (5) NOTIFICATION.—Not later than 3 days be21 fore entering into an agreement under this section, 

22 the Commissioner shall notify— 

23 (A) the relevant committees of Congress; 

24 and 


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1 (B) the members of Congress who rep2 resent the State or district in which the facility 

3 at which services will be provided under the 

4 agreement. 

5 SEC. 4. EVALUATION OF ALTERNATIVE FINANCING AR6 RANGEMENTS FOR CONSTRUCTION AND 

7 MAINTENANCE OF INFRASTRUCTURE AT 

8 LAND BORDER PORTS OF ENTRY. 

9 (a) AGREEMENTS AUTHORIZED.—Consistent with 

10 section 559 of the Department of Homeland Security Ap11 propriations Act, 2014 (division F of Public Law 113– 

12 76; 6 U.S.C. 211 note), during the 10-year period begin13 ning on the date of the enactment of this Act, the Commis14 sioner and the Administrator may, for purposes of facili15 tating the construction, alteration, operation, or mainte16 nance of a new or existing facility or other infrastructure 

17 at a port of entry under the jurisdiction, custody, and con18 trol of the Commissioner or the Administrator— 

19 (1) enter into cost-sharing or reimbursement 

20 agreements with any person; or 

21 (2) accept donations from any person of— 

22 (A) real or personal property (including 

23 monetary donations); or 

24 (B) nonpersonal services. 


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1 (b) ALLOWABLE USES OF AGREEMENTS.—The Com2 missioner and the Administrator, with respect to an agree3 ment authorized under subsection (a), may— 

4 (1) use such agreements for activities related to 

5 an existing or new port of entry, including expenses 

6 related to— 

7 (A) land acquisition, design, construction, 

8 repair, or alternation; 

9 (B) furniture, fixtures, or equipment; 

10 (C) the deployment of technology or equip11 ment; or 

12 (D) operations and maintenance; or 

13 (2) subject to chapter 33 of title 40, United 

14 States Code, transfer such property or services be15 tween the Commissioner and the Administrator for 

16 activities described in paragraph (1) that are related 

17 to a new or existing port of entry under the jurisdic18 tion, custody, and control of the relevant agency. 

19 (c) EVALUATION PROCEDURES.— 

20 (1) IN GENERAL.— 

21 (A) REQUIREMENTS FOR PROCEDURES.— 

22 The Commissioner, in consultation with the Ad23 ministrator and consistent with section 559 of 

24 the Department of Homeland Security Appro25 priations Act, 2014 (division F of Public Law 


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1 113–76; 6 U.S.C. 211 note), shall issue proce2 dures for evaluating a proposal submitted by a 

3 person for an agreement authorized under sub4 section (a). 

5 (B) AVAILABILITY.—The procedures 

6 issued under subparagraph (A) shall be made 

7 available to the public through the Department 

8 of Homeland Security website. 

9 (2) SPECIFICATION.—In making a donation 

10 under subsection (a)(2), a person may— 

11 (A) designate the land port of entry facility 

12 or facilities that the donation is intended to 

13 support; and 

14 (B) specify the period during which the 

15 contributed property or nonpersonal services 

16 shall be used. 

17 (3) SUPPLEMENTAL FUNDING.—Any property, 

18 including monetary donations and nonpersonal serv19 ices donated pursuant to subsection (a) may be used 

20 in addition to any other funds, including appro21 priated funds, property, or services made available 

22 for the same purpose. 

23 (4) RETURN OF DONATION.— 

24 (A) RETURN REQUIRED.—If the Commis25 sioner or the Administrator does not use the 


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1 property or services donated pursuant to sub2 section (a) for the specific facility or facilities 

3 designated under paragraph (2)(A) or during 

4 the period specified under paragraph (2)(B), 

5 such donated property or services shall be re6 turned to the person that made the donation. 

7 (B) INTEREST PROHIBITED.—No interest 

8 may be owed on any donation returned to a 

9 person pursuant to subparagraph (A). 

10 (5) DETERMINATION AND NOTIFICATION.— 

11 (A) IN GENERAL.—Not later than 90 days 

12 after receiving a proposal pursuant to sub13 section (a) with respect to the construction or 

14 maintenance of a facility or other infrastructure 

15 at a land border port of entry, the Commis16 sioner or the Administrator shall— 

17 (i) make a determination with respect 

18 to whether or not to approve the proposal; 

19 and 

20 (ii) notify the person that submitted 

21 the proposal of— 

22 (I) the determination; and 

23 (II) if the Administrator did not 

24 approve the proposal, the reasons for 

25 such determination. 


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1 (B) CONSIDERATIONS.—In making the de2 termination under subparagraph (A)(i), the 

3 Commissioner or the Administrator shall con4 sider— 

5 (i) the impact of the proposal on re6 ducing wait times at that port of entry and 

7 other ports of entry on the same border; 

8 (ii) the potential of the proposal to in9 crease trade and travel efficiency through 

10 added capacity; and 

11 (iii) the potential of the proposal to 

12 enhance the security of the port of entry. 

13 (d) ANNUAL REPORT AND NOTICE TO CONGRESS.— 

14 The Commissioner, in collaboration with the Adminis15 trator, shall— 

16 (1) submit an annual report to the relevant 

17 committees of Congress on the agreements entered 

18 into under subsection (a); and 

19 (2) not less than 3 days before entering into an 

20 agreement with a person under subsection (a), notify 

21 the members of Congress that represent the State or 

22 district in which the affected facility is located. 

23 SECTION 1. SHORT TITLE. 

24 This Act may be cited as the ‘‘Cross-Border Trade En25 hancement Act of 2016’’. 


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1 SEC. 2. REPEAL AND TRANSITION PROVISION. 

2 (a) REPEAL.—Subject to subsections (b) and (c), sec3 tion 560 of the Department of Homeland Security Appro4 priations Act, 2013 (division D of Public Law 113–6; 127 

5 Stat. 378) and section 559 of the Department of Homeland 

6 Security Appropriations Act, 2014 (division F of Public 

7 Law 113–76; 6 U.S.C. 211 note) are repealed. 

8 (b) AGREEMENTS IN EFFECT.—Notwithstanding sub9 section (a), nothing in this Act may be construed as affect10 ing in any manner an agreement entered into pursuant to 

11 section 560 of the Department of Homeland Security Ap12 propriations Act, 2013 (division D of Public Law 113–6; 

13 127 Stat. 378) or section 559 of the Department of Home14 land Security Appropriations Act, 2014 (division F of Pub15 lic Law 113–76; 6 U.S.C. 211 note) that is in effect on the 

16 day before the date of the enactment of this Act, and any 

17 such agreement shall continue to have full force and effect 

18 on and after such date. 

19 (c) PROPOSED AGREEMENTS.—Notwithstanding sub20 section (a), nothing in this Act may be construed as affect21 ing in any manner a proposal accepted for consideration 

22 and further development by U.S. Customs and Border Pro23 tection or the General Services Administration pursuant to 

24 section 559 of the Department of Homeland Security Ap25 propriations Act, 2014 (division F of Public Law 113–76; 


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1 6 U.S.C. 211 note) that was accepted prior to the date of 

2 the enactment of this Act. 

3 SEC. 3. DEFINITIONS. 

4 In this Act: 

5 (1) ADMINISTRATION.—The term ‘‘Administra6 tion’’ mean the General Services Administration. 

7 (2) ADMINISTRATOR.—The term ‘‘Adminis8 trator’’ mean the Administrator of the Administra9 tion. 

10 (3) COMMISSIONER.—The term ‘‘Commissioner’’ 

11 means the Commissioner of U.S. Customs and Border 

12 Protection. 

13 (4) DONATION AGREEMENT.—The term ‘‘dona14 tion agreement’’ means an agreement made under sec15 tion 5(a). 

16 (5) FEE AGREEMENT.—The term ‘‘fee agree17 ment’’ means an agreement made by the Commis18 sioner under section 4(a)(1). 

19 (6) PERSON.—The term ‘‘person’’ means— 

20 (A) an individual; 

21 (B) a corporation, partnership, trust, estate, 

22 association, or any other private or public enti23 ty; 

24 (C) a Federal, State, or local government; 


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1 (D) any subdivision, agency, or instrumen2 tality of a Federal, State, or local government; or 

3 (E) any other governmental entity. 

4 (7) RELEVANT COMMITTEES OF CONGRESS.—The 

5 term ‘‘relevant committees of Congress’’ means— 

6 (A) the Committee on Appropriations, the 

7 Committee on Environment and Public Works, 

8 the Committee on Finance, the Committee on 

9 Homeland Security and Governmental Affairs, 

10 and the Committee on the Judiciary of the Sen11 ate; and 

12 (B) the Committee on Appropriations, the 

13 Committee on Homeland Security, the Com14 mittee on the Judiciary, and the Committee on 

15 Transportation and Infrastructure of the House 

16 of Representatives. 

17 SEC. 4. AUTHORITY TO ENTER INTO FEE AGREEMENTS FOR 

18 THE PROVISION OF CERTAIN SERVICES OF 

19 U.S. CUSTOMS AND BORDER PROTECTION. 

20 (a) FEE AGREEMENTS.— 

21 (1) AUTHORITY FOR FEE AGREEMENTS.—Not22 withstanding section 13031(e) of the Consolidated 

23 Omnibus Budget Reconciliation Act of 1985 (19 

24 U.S.C. 58c(e)) and section 451 of the Tariff Act of 

25 1930 (19 U.S.C. 1451), the Commissioner may, upon 


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1 the request of any person, enter into an agreement 

2 with that person under which— 

3 (A) U.S. Customs and Border Protection 

4 will provide the services described in paragraph 

5 (4) at a port of entry or any other facility where 

6 U.S. Customs and Border Protection provides or 

7 will provide services; 

8 (B) such person will remit a fee imposed 

9 under subsection (b) to U.S. Customs and Border 

10 Protection in an amount equal to the full costs 

11 incurred or that will be incurred in providing 

12 such services; and 

13 (C) any additional facilities at which U.S. 

14 Customs and Border Protection services are per15 formed or deemed necessary for the provision of 

16 services under an agreement entered into under 

17 this section shall be provided, maintained, and 

18 equipped by such person, without additional cost 

19 to the Federal Government, in accordance with 

20 U.S. Customs and Border Protection specifica21 tions. 

22 (2) CRITERIA.—The Commissioner shall establish 

23 criteria for entering into a partnership under para24 graph (1) that include the following: 


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1 (A) Selection and evaluation of potential 

2 partners. 

3 (B) Identification and documentation of 

4 roles and responsibilities between U.S. Customs 

5 and Border Protection, the Administration, and 

6 private and government partners. 

7 (C) Identification, allocation, and manage8 ment of explicit and implicit risks of partnering 

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

10 Administration, and private and government 

11 partners. 

12 (D) Decision-making and dispute resolution 

13 processes in partnering arrangements. 

14 (E) Criteria and processes for U.S. Customs 

15 and Border Protection to terminate agreements 

16 if private or government partners are not meet17 ing the terms of such a partnership, including 

18 the security standards established by U.S. Cus19 toms and Border Protection. 

20 (3) PUBLICATION.—The Commissioner shall 

21 make publicly available the criteria established under 

22 paragraph (2), and shall notify the relevant commit23 tees of Congress not less than 15 days prior to the 

24 publication of the criteria and any subsequent 

25 changes to such criteria. 


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1 (4) SERVICES DESCRIBED.—Services described in 

2 this paragraph are any services related to, or in sup3 port of, customs, agricultural processing, border secu4 rity, or inspection-related immigration matters pro5 vided by an employee or contractor of U.S. Customs 

6 and Border Protection at ports of entry or any other 

7 facility where U.S. Customs and Border Protection 

8 provides or will provide services. 

9 (5) MODIFICATION OF PRIOR AGREEMENTS.—The 

10 Commissioner, at the request of a person who has pre11 viously entered into an agreement with U.S. Customs 

12 and Border Protection for the reimbursement of fees 

13 in effect on the date of enactment of this Act, may 

14 modify such agreement to implement any provisions 

15 of this Act. 

16 (6) LIMITATION.—The Commissioner may not 

17 enter into a reimbursable fee agreement under this 

18 subsection if such agreement would unduly and per19 manently impact services funded in this Act or any 

20 appropriations Act, or provided from any account in 

21 the Treasury of the United States derived by the col22 lection of fees. 

23 (7) NUMERICAL LIMITATIONS.—Except as pro24 vided in paragraphs (8) and (9), there shall be no 


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1 limit to the number of fee agreements that may be en2 tered into by the Commissioner. 

3 (8) AUTHORITY FOR NUMERICAL LIMITATIONS.— 

4 (A) RESOURCE AVAILABILITY.—If the Com5 missioner finds that resource or allocation con6 straints would prevent U.S. Customs and Border 

7 Protection from fulfilling, in whole or in part, 

8 requests for services under the terms of existing 

9 or proposed fee agreements, the Commissioner 

10 shall impose annual limits on the number of new 

11 fee agreements. 

12 (B) ANNUAL REVIEW.—If the Commissioner 

13 limits the number of new fee agreements under 

14 this paragraph, the Commissioner shall annually 

15 evaluate and reassess such limits and publish the 

16 results of such evaluation and affirm any such 

17 limits that shall remain in effect in a publicly 

18 available format. 

19 (9) AIR PORTS OF ENTRY.— 

20 (A) CERTAIN COSTS.—A fee agreement for 

21 U.S. Customs and Border Protection services at 

22 an air port of entry may only provide for the re23 imbursement of— 


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1 (i) salaries and expenses of not more 

2 than 5 full-time equivalent U.S. Customs 

3 and Border Protection officers; 

4 (ii) costs incurred by U.S. Customs 

5 and Border Protection for the payment of 

6 overtime to employee; 

7 (iii) the salaries and expenses of em8 ployees of U.S. Customs and Border Protec9 tion (other than officers specified in clause 

10 (i)) to support U.S. customs and Border 

11 Protection officers in performing law en12 forcement functions at air ports of entry, 

13 including primary and secondary proc14 essing of passengers; and 

15 (iv) other costs incurred by U.S. Cus16 toms and Border Protection relating to serv17 ices described in paragraph (4), such as 

18 temporary placement or permanent reloca19 tion of such employees, including incentive 

20 pay for relocation where appropriate. 

21 (B) PRECLEARANCE.—The authority in the 

22 section may not be used to enter into new 

23 preclearance agreements or initiate the provision 

24 of U.S. Customs and Border Protection services 

25 outside of the United States. 


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1 (C) PERMANENT RELOCATION.—Any fee 

2 agreement under this Act to provide for the reim3 bursement of the permanent relocation of an em4 ployee of the U.S. Customs and Border Protec5 tion shall certify that the terms of the agree6 ment— 

7 (i) cannot otherwise be sufficiently met 

8 by the person and the U.S. Customs and 

9 Border Protection; 

10 (ii) would not unduly impact U.S. 

11 Customs and Border Protection services at 

12 the port of entry from which the relocation 

13 of the employee is proposed; 

14 (iii) would be consistent with other ap15 plicable laws and regulations regarding the 

16 relocation of employees of the U.S. Customs 

17 and Border Protection; and 

18 (iv) all costs of the relocation have been 

19 approved by the person. 

20 (10) PORT OF ENTRY SIZE CONSIDERATION.— 

21 The Commissioner shall— 

22 (A) ensure that each fee agreement proposal 

23 is given equal consideration regardless of the size 

24 of the port of entry; and 


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1 (B) report to the relevant committees of 

2 Congress on the number of fee agreement pro3 posals that the Commissioner did not enter into 

4 due to numerical limits on the number of fee 

5 agreements, if the Commissioner adopts such 

6 limits. 

7 (11) DENIED APPLICATION.—If the Commis8 sioner denies a proposal for a fee agreement, the Com9 mission shall provide the person who submitted the 

10 proposal the reason for the denial, unless the reason 

11 for the denial involves a law enforcement matter or 

12 national security interest. 

13 (12) CONSTRUCTION.—Nothing in this section 

14 may be construed— 

15 (A) to require a person entering into a fee 

16 agreement to cover costs that are otherwise the 

17 responsibility of the U.S. Customs and Border 

18 Protection or any other agency of the Federal 

19 Government and are not incurred, or expected to 

20 be incurred, to cover services specifically covered 

21 by an agreement entered into under authorities 

22 provided by this Act; or 

23 (B) to unduly and permanently reduce the 

24 responsibilities or duties of U.S. Customs and 

25 Border Protection to provide services at ports of 


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1 entry that have been authorized or mandated by 

2 law and are funded in any appropriation Act or 

3 from any accounts in the Treasury of the United 

4 States derived by the collection of fees. 

5 (13) JUDICIAL REVIEW.—Decisions of the Com6 missioner under this subsection are in the discretion 

7 of the Commissioner and not subject to judicial re8 view. 

9 (b) FEE.— 

10 (1) IN GENERAL.—A person who enters into a fee 

11 agreement shall pay a fee pursuant to such agreement 

12 in an amount equal to the full cost of U.S. Customs 

13 and Border Protection— 

14 (A) of the salaries and expenses of individ15 uals employed or contracted by U.S. Customs 

16 and Border Protection to provide such services; 

17 and 

18 (B) of other costs incurred by U.S. Customs 

19 and Border Protection related to providing such 

20 services, such as temporary placement or perma21 nent relocation of employees, including incentive 

22 pay for relocation where appropriate. 

23 (2) ADVANCE PAYMENT.—The Commissioner, 

24 with approval from a person requesting services of 

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1 ant to a fee agreement, may accept the fee for services 

2 prior to providing such services. 

3 (3) OVERSIGHT OF FEES.—The Commissioner 

4 shall develop a process to oversee the activities for 

5 which fees are charged pursuant to a fee agreement 

6 that includes the following: 

7 (A) A determination and report on the full 

8 cost of providing services, including direct and 

9 indirect costs, as well as a process, through con10 sultation with affected parties and other inter11 ested stakeholders, for increasing such fees as 

12 necessary. 

13 (B) The establishment of a periodic remit14 tance schedule to replenish appropriations, ac15 counts or funds, as necessary. 

16 (C) The identification of costs paid by such 

17 fees. 

18 (4) DEPOSIT OF FUNDS.—Amounts collected pur19 suant to a fee agreement shall— 

20 (A) be deposited as an offsetting collection; 

21 (B) remain available until expended, with22 out fiscal year limitation; and 

23 (C) be credited to the applicable appropria24 tion, account, or fund for the amount paid out 

25 of that appropriation, account, or fund for— 


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1 (i) any expenses incurred or to be in2 curred by U.S. Customs and Border Protec3 tion in providing such services; and 

4 (ii) any other costs incurred by U.S. 

5 Customs and Border Protection relating to 

6 such services. 

7 (5) TERMINATION BY THE COMMISSIONER.— 

8 (A) IN GENERAL.—The Commissioner shall 

9 terminate the services provided pursuant to a fee 

10 agreement with a person that, after receiving no11 tice from the Commissioner that a fee imposed 

12 under the fee agreement is due, fails to pay such 

13 fee in a timely manner. 

14 (B) EFFECT OF TERMINATION.—At the time 

15 services are terminated pursuant to subpara16 graph (A), all costs incurred by U.S. Customs 

17 and Border Protection which have not been paid, 

18 will become immediately due and payable. 

19 (C) INTEREST.—Interest on unpaid fees 

20 will accrue based on the quarterly rate(s) estab21 lished under sections 6621 and 6622 of the Inter22 nal Revenue Code of 1986. 

23 (D) PENALTIES.—Any person that fails to 

24 pay any fee incurred under a fee agreement in 

25 a timely manner, after notice and demand for 


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1 payment, shall be liable for a penalty or liq2 uidated damage equal to 2 times the amount of 

3 such fee. 

4 (E) AMOUNT COLLECTED.—Any amount 

5 collected pursuant to a fee agreement shall be de6 posited into the account specified under para7 graph (4) and shall be available as described 

8 therein. 

9 (F) RETURN OF UNUSED FUNDS.—The 

10 Commissioner shall return any unused funds col11 lected under a fee agreement that is terminated 

12 for any reason, or in the event that the terms of 

13 such agreement change by mutual agreement to 

14 cause a reduction of U.S. Customs and Border 

15 Protections services. No interest shall be owed 

16 upon the return of any unused funds. 

17 (6) TERMINATION BY THE SPONSOR.—Any per18 son who has previously entered into an agreement 

19 with U.S. Customs and Border Protection for the re20 imbursement of fees in effect on the date of enactment 

21 of this Act, or under the provisions of this Act, may 

22 request that such agreement make provision for termi23 nation at the request of such person upon advance no24 tice, the length and terms of which shall be negotiated 


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1 between such person and U.S. Customs and Border 

2 Protection. 

3 (c) ANNUAL REPORT AND NOTICE TO CONGRESS.—The 

4 Commissioner shall— 

5 (1) submit to the relevant committees of Congress 

6 an annual report that identifies each fee agreement 

7 made during the previous year; and 

8 (2) not less than 15 days before entering into a 

9 fee agreement, notify the members of Congress that 

10 represent the State or district in which the affected 

11 port or facility is located. 

12 (d) MODIFICATION OF EXISTING REPORTS TO CON13 GRESS.—Section 907(b) of the Trade Facilitation and 

14 Trade Enforcement Act of 2015 (Public Law 114–125) is 

15 amended— 

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

17 end; 

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

19 the end and inserting ‘‘; or’’; and 

20 (3) by adding at the end the following: 

21 ‘‘(5) the program for entering into reimbursable 

22 fee agreements for the provision of U.S. Customs and 

23 Border Protection services established by the Cross24 Border Trade Enhancement Act of 2016.’’. 


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1 SEC. 5. AUTHORITY TO ENTER INTO AGREEMENTS TO AC2 CEPT DONATIONS FOR PORTS OF ENTRY. 

3 (a) AGREEMENTS AUTHORIZED.— 

4 (1) COMMISSIONER.—The Commissioner, in col5 laboration with the Administrator as provided under 

6 subsection (e), may enter into an agreement with any 

7 person to accept a donation of real or personal prop8 erty, including monetary donations, or nonpersonal 

9 services, for activities in subsection (b) at a new or 

10 existing land, sea, or air port of entry, or any facility 

11 or other infrastructure at a location where U.S. Cus12 toms and Border Protection performs or will be per13 forming services within the United States. 

14 (2) ADMINISTRATOR.—Where the Administrator 

15 has custody or control of a new or existing land port 

16 of entry, facility, or other infrastructure at a location 

17 where U.S. Customs and Border Protection performs 

18 or will be performing inspection services, the Admin19 istrator, in collaboration with the Commissioner, may 

20 enter into an agreement with any person to accept a 

21 donation of real or personal property, including mon22 etary donations, or nonpersonal services, at that loca23 tion for activities set forth in subsection (b). 

24 (b) USE.—A donation made under a donation agree25 ment may be used for activities related to construction, alVerDate Sep 11 2014 00:11 Jul 13, 2016 Jkt 059200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6203 E:\BILLS\S461.RS S461

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1 teration, operation or maintenance, including expenses re2 lated to— 

3 (1) land acquisition, design, construction, repair, 

4 and alteration; 

5 (2) furniture, fixtures, equipment, and tech6 nology, including installation and the deployment 

7 thereof; and 

8 (3) operation and maintenance of the facility, 

9 infrastructure, equipment, and technology. 

10 (c) LIMITATION ON MONETARY DONATIONS.—Any 

11 monetary donation accepted pursuant to a donation agree12 ment may not be used to pay the salaries of employees of 

13 U.S. Customs and Border Protection who perform inspec14 tion services. 

15 (d) TERM OF DONATION AGREEMENT.—The term of a 

16 donation agreement may be as long as is required to meet 

17 the terms of the agreement. 

18 (e) ROLE OF ADMINISTRATOR.—The Administrator’s 

19 role, involvement, and authority under this section is lim20 ited with respect to donations made at new or existing land 

21 ports of entry, facilities, or other infrastructure owned or 

22 leased by the Administration. 

23 (f) EVALUATION PROCEDURES.— 

24 (1) REQUIREMENTS FOR PROCEDURES.—Not 

25 later than 180 days after the date of enactment, the 


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1 Commissioner, in consultation with the Adminis2 trator as appropriate, shall issue procedures for eval3 uating proposals for donation agreements on a year4 round basis and otherwise consistent with the require5 ments of this section. 

6 (2) AVAILABILITY.—The procedures issued under 

7 paragraph (1) shall be made available to the public. 

8 (3) COST-SHARING ARRANGEMENTS.—In issuing 

9 the procedures under paragraph (1), the Commis10 sioner, in consultation with the Administrator, shall 

11 evaluate the use of authorities provided under this 

12 section to enter into cost-sharing or reimbursement 

13 agreements with eligible persons and determine 

14 whether such agreements may improve facility condi15 tions or inspection services at new or existing land, 

16 sea, or air ports of entry. 

17 (g) DETERMINATION AND NOTIFICATION.— 

18 (1) IN GENERAL.—Not later than 60 days after 

19 receiving a proposal for a donation agreement, the 

20 Commissioner, and Administrator if applicable, shall 

21 notify the person that submitted the proposal as to 

22 whether it is complete or incomplete. 

23 (2) INCOMPLETE PROPOSALS.—If the Commis24 sioner, and Administrator if applicable, determines 

25 that a proposal is incomplete, the person that subVerDate Sep 11 2014 00:11 Jul 13, 2016 Jkt 059200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6203 E:\BILLS\S461.RS S461

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1 mitted the proposal shall be notified and provided 

2 with— 

3 (A) a detailed description of all specific in4 formation or material that is needed to complete 

5 review of the proposal; and 

6 (B) allow the person to resubmit the pro7 posal with additional information and material 

8 described under subparagraph (A) to complete 

9 the proposal. 

10 (3) COMPLETE APPLICATIONS.—Not later than 

11 180 days after receiving a completed and final pro12 posal for a donation agreement, the Commissioner, 

13 and Administrator if applicable, shall— 

14 (A) make a determination whether to deny 

15 or approve the proposal; and 

16 (B) notify the person that submitted the 

17 proposal of the determination. 

18 (4) CONSIDERATIONS.—In making the deter19 mination under paragraph (3)(A), the Commissioner, 

20 and Administrator if applicable, shall consider— 

21 (A) the impact of the proposal on reducing 

22 wait times at that port of entry or facility and 

23 other ports of entry on the same border; 


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1 (B) the potential of the proposal to increase 

2 trade and travel efficiency through added capac3 ity; 

4 (C) the potential of the proposal to enhance 

5 the security of the port of entry or facility; 

6 (D) the funding available to complete the 

7 intended use of a donation under this section; 

8 (E) the costs of maintaining and operating 

9 such donation; 

10 (F) whether such donation, if real property, 

11 satisfies the requirements of such proposal, or 

12 whether additional real property would be re13 quired; 

14 (G) an explanation of how such donation, if 

15 real property, was secured; 

16 (H) the impact of such proposal on staffing 

17 requirements; and 

18 (I) other factors that the Commissioner or 

19 Administrator determines to be relevant. 

20 (h) SUPPLEMENTAL FUNDING.—Any property, includ21 ing monetary donations and nonpersonal services, donated 

22 pursuant to a donation agreement may be used in addition 

23 to any other funds, including appropriated funds, property, 

24 or services made available for the same purpose. 


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1 (i) RETURN OF DONATION.—If the Commissioner or 

2 the Administrator does not use the property or services do3 nated pursuant to a donation agreement, such donated 

4 property or services shall be returned to the person that 

5 made the donation. 

6 (j) INTEREST PROHIBITED.—No interest may be owed 

7 on any donation returned to a person under this subsection. 

8 (k) PROHIBITION ON CERTAIN FUNDING.—The Com9 missioner, in collaboration with the Administrator if appli10 cable, with respect to an agreement authorized under this 

11 section, may not obligate or expend amounts in excess of 

12 the value of the donations. 

13 (l) ANNUAL REPORT AND NOTICE TO CONGRESS.—The 

14 Commissioner, in collaboration with the Administrator if 

15 applicable, shall— 

16 (1) submit to the relevant committees of Congress 

17 an annual report that identifies each donation agree18 ment made during the previous year; and 

19 (2) not less than 15 days before entering into a 

20 donation agreement, notify the members of Congress 

21 that represent the State or district in which the af22 fected port or facility is located. 

23 (m) CONSTRUCTION.—Except as otherwise provided in 

24 this section, nothing in this section may be construed— 


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1 (1) as affecting in any manner the responsibil2 ities, duties, or authorities of U.S. Customs and Bor3 der Protection or the Administration; 

4 (2) to create any right or liability of the parties 

5 referred to in this section, except as otherwise set forth 

6 in any donation acceptance agreement entered into 

7 under this section; or 

8 (3) as affecting any consultation requirement 

9 under any other law. 

10 SEC. 6. WAIVER OF POLYGRAPH EXAMINATION REQUIRE11 MENT FOR CERTAIN LAW ENFORCEMENT AP12 PLICANTS. 

13 Section 3 of the Anti-Border Corruption Act of 2010 

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

15 (1) in the matter preceding paragraph (1), by 

16 striking ‘‘The Secretary’’ and inserting the following: 

17 ‘‘(a) IN GENERAL.—The Secretary’’; 

18 (2) in subsection (a)(1), as redesignated, by in19 serting ‘‘(except as provided in subsection (b))’’ after 

20 ‘‘Border Protection’’; and 

21 (3) by adding at the end the following: 

22 ‘‘(b) WAIVER.—The Commissioner of U.S. Customs 

23 and Border Protection may waive the polygraph examina24 tion requirement under subsection (a)(1) for any applicant 

25 who— 


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1 ‘‘(1) is deemed suitable for employment; 

2 ‘‘(2) holds a current, active Top Secret/Sensitive 

3 Compartmented Information Clearance; 

4 ‘‘(3) has a current Single Scope Background In5 vestigation; 

6 ‘‘(4) was not granted any waivers to obtain his 

7 or her clearance; and 

8 ‘‘(5) is a veteran (as such term is defined in sec9 tion 2108 of title 5, United States Code).’’. 

10 SEC. 7. EFFECTIVE PERIOD. 

11 (a) IN GENERAL.—Except as provided in subsection 

12 (c), this Act and the amendments made by this Act shall 

13 be in effect during the 10-year period beginning on the date 

14 of the enactment of this Act. 

15 (b) AGREEMENTS IN EFFECT.—Any agreement made 

16 pursuant to this Act that is in effect on the date that is 

17 10 years after the date of the enactment of this Act shall 

18 continue to have full force and effect on and after such date 

19 and remain in effect under the terms of such agreement. 

20 (c) PERMANENT PROVISIONS.—Section 2, the amend21 ments made by section 2, and the amendments made by 

22 section 6 shall take effect on the date of the enactment of 

23 this Act. 


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Calendar No. 559 

114TH CONGRESS 

2D SESSION S. 461 

A BILL 

To provide for alternative financing arrangements 

poses. land border ports of entry, and for other purstruction and maintenance of infrastructure at for the provision of certain services and the conJULY 12, 2016 

Reported with an amendment 


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