114TH CONGRESS 

2D SESSION S. 461 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

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1 SECTION 1. SHORT TITLE. 

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

3 Enhancement Act of 2016’’. 

4 SEC. 2. PUBLIC-PRIVATE PARTNERSHIPS. 

5 (a) IN GENERAL.—Title IV of the Homeland Secu6 rity Act of 2002 (6 U.S.C. 202 et seq.) is amended by 

7 adding at the end the following: 

8 ‘‘Subtitle G—U.S. Customs and Bor9 der Protection Public Private 

10 Partnerships 

11 ‘‘SEC. 481. FEE AGREEMENTS FOR CERTAIN SERVICES AT 

12 PORTS OF ENTRY. 

13 ‘‘(a) IN GENERAL.—Notwithstanding section 

14 13031(e) of the Consolidated Omnibus Budget Reconcili15 ation Act of 1985 (19 U.S.C. 58c(e)) and section 451 of 

16 the Tariff Act of 1930 (19 U.S.C. 1451), the Commis17 sioner of U.S. Customs and Border Protection, upon the 

18 request of any entity, may enter into a fee agreement with 

19 such entity under which— 

20 ‘‘(1) U.S. Customs and Border Protection shall 

21 provide services described in subsection (b) at a 

22 United States port of entry or any other facility at 

23 which U.S. Customs and Border Protection provides 

24 or will provide such services; 

25 ‘‘(2) such entity shall remit to U.S. Customs 

26 and Border Protection a fee imposed under sub-
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1 section (h) in an amount equal to the full costs that 

2 are incurred or will be incurred in providing such 

3 services; and 

4 ‘‘(3) if space is provided by such entity, each 

5 facility at which U.S. Customs and Border Protec6 tion services are performed shall be maintained and 

7 equipped by such entity, without cost to the Federal 

8 Government, in accordance with U.S. Customs and 

9 Border Protection specifications. 

10 ‘‘(b) SERVICES DESCRIBED.—The services described 

11 in this subsection are any activities of any employee or 

12 Office of Field Operations contractor of U.S. Customs and 

13 Border Protection (except employees of the U.S. Border 

14 Patrol, as established under section 411(e)) pertaining to, 

15 or in support of, customs, agricultural processing, border 

16 security, or immigration inspection-related matters at a 

17 port of entry or any other facility at which U.S. Customs 

18 and Border Protection provides or will provide services. 

19 ‘‘(c) MODIFICATION OF PRIOR AGREEMENTS.—The 

20 Commissioner of U.S. Customs and Border Protection, at 

21 the request of an entity who has previously entered into 

22 an agreement with U.S. Customs and Border Protection 

23 for the reimbursement of fees in effect on the date of en24 actment of this section, may modify such agreement to 

25 implement any provisions of this section. 
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1 ‘‘(d) LIMITATIONS.— 

2 ‘‘(1) IMPACTS OF SERVICES.—The Commis3 sioner of U.S. Customs and Border Protection— 

4 ‘‘(A) may enter into fee agreements under 

5 this section only for services that— 

6 ‘‘(i) will increase or enhance the oper7 ational capacity of U.S. Customs and Bor8 der Protection based on available staffing 

9 and workload; and 

10 ‘‘(ii) will not shift the cost of services 

11 funded in any appropriations Act, or pro12 vided from any account in the Treasury of 

13 the United States derived by the collection 

14 of fees, to entities under this Act; and 

15 ‘‘(B) may not enter into a fee agreement 

16 under this section if such agreement would un17 duly and permanently impact services funded in 

18 any appropriations Act, or provided from any 

19 account in the Treasury of the United States, 

20 derived by the collection of fees. 

21 ‘‘(2) NUMBER.—There shall be no limit to the 

22 number of fee agreements that the Commissioner of 

23 U.S. Customs and Border Protection may enter into 

24 under this section. 

25 ‘‘(e) AIR PORTS OF ENTRY.— 
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1 ‘‘(1) FEE AGREEMENT.—Except as otherwise 

2 provided in this subsection, a fee agreement for U.S. 

3 Customs and Border Protection services at an air 

4 port of entry may only provide for the payment of 

5 overtime costs of U.S. Customs and Border Protec6 tion officers and salaries and expenses of U.S. Cus7 toms and Border Protection employees to support 

8 U.S. Customs and Border Protection officers in per9 forming law enforcement missions. 

10 ‘‘(2) SMALL AIRPORTS.—Notwithstanding para11 graph (1), U.S. Customs and Border Protection may 

12 receive reimbursement in addition to overtime costs 

13 if the fee agreement is for services at an air port of 

14 entry that has fewer than 100,000 arriving inter15 national passengers annually. 

16 ‘‘(3) COVERED SERVICES.—In addition to costs 

17 described in paragraph (1), a fee agreement for U.S. 

18 Customs and Border Protection services at an air 

19 port of entry referred to in paragraph (2) may pro20 vide for the reimbursement of— 

21 ‘‘(A) salaries and expenses of not more 

22 that 5 full-time equivalent U.S. Customs and 

23 Border Protection Officers beyond the number 

24 of such officers assigned to the port of entry on 
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1 the date on which the fee agreement was 

2 signed; 

3 ‘‘(B) salaries and expenses of employees of 

4 U.S. Customs and Border Protection, other 

5 than the officers referred to in subparagraph 

6 (A), to support U.S. Customs and Border Pro7 tection officers in performing law enforcement 

8 functions; and 

9 ‘‘(C) other costs incurred by U.S. Customs 

10 and Border Protection relating to services de11 scribed in subparagraph (B), such as temporary 

12 placement or permanent relocation of employ13 ees, including incentive pay for relocation, as 

14 appropriate. 

15 ‘‘(f) PORT OF ENTRY SIZE.—The Commissioner of 

16 U.S. Customs and Border Protection shall ensure that 

17 each fee agreement proposal is given equal consideration 

18 regardless of the size of the port of entry. 

19 ‘‘(g) DENIED APPLICATION.— 

20 ‘‘(1) IN GENERAL.—If the Commissioner of 

21 U.S. Customs and Border Protection denies a pro22 posal for a fee agreement under this section, the 

23 Commissioner shall provide the entity submitting 

24 such proposal with the reason for the denial un25 less— 
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1 ‘‘(A) the reason for the denial is law en2 forcement sensitive; or 

3 ‘‘(B) withholding the reason for the denial 

4 is in the national security interests of the 

5 United States. 

6 ‘‘(2) JUDICIAL REVIEW.—Decisions of the Com7 missioner of U.S. Customs and Border Protection 

8 under paragraph (1) are in the discretion of the 

9 Commissioner and are not subject to judicial review. 

10 ‘‘(h) FEE.— 

11 ‘‘(1) IN GENERAL.—The amount of the fee to 

12 be charged under an agreement authorized under 

13 subsection (a) shall be paid by each entity request14 ing U.S. Customs and Border Protection services, 

15 and shall be for the full cost of providing such serv16 ices, including the salaries and expenses of employ17 ees and contractors of U.S. Customs and Border 

18 Protection, to provide such services and other costs 

19 incurred by U.S. Customs and Border Protection re20 lating to such services, such as temporary placement 

21 or permanent relocation of such employees and con22 tractors. 

23 ‘‘(2) TIMING.—The Commissioner of U.S. Cus24 toms and Border Protection may require that the fee 

25 referred to in paragraph (1) be paid by each entity 
8 

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1 that has entered into a fee agreement under sub2 section (a) with U.S. Customs and Border Protec3 tion in advance of the performance of U.S. Customs 

4 and Border Protection services. 

5 ‘‘(3) OVERSIGHT OF FEES.—The Commissioner 

6 of U.S. Customs and Border Protection shall develop 

7 a process to oversee the services for which fees are 

8 charged pursuant to an agreement under subsection 

9 (a), including— 

10 ‘‘(A) a determination and report on the 

11 full costs of providing such services, and a proc12 ess for increasing such fees, as necessary; 

13 ‘‘(B) the establishment of a periodic remit14 tance schedule to replenish appropriations, ac15 counts, or funds, as necessary; and 

16 ‘‘(C) the identification of costs paid by 

17 such fees. 

18 ‘‘(i) DEPOSIT OF FUNDS.— 

19 ‘‘(1) ACCOUNT.—Funds collected pursuant to 

20 any agreement entered into pursuant to subsection 

21 (a)— 

22 ‘‘(A) shall be deposited as offsetting collec23 tions; 

24 ‘‘(B) shall remain available until expended 

25 without fiscal year limitation; and 
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1 ‘‘(C) shall be credited to the applicable ap2 propriation, account, or fund for the amount 

3 paid out of such appropriation, account, or fund 

4 for any expenses incurred or to be incurred by 

5 U.S. Customs and Border Protection in pro6 viding U.S. Customs and Border Protection 

7 services under any such agreement and any 

8 other costs incurred or to be incurred by U.S. 

9 Customs and Border Protection relating to such 

10 services. 

11 ‘‘(2) RETURN OF UNUSED FUNDS.—The Com12 missioner of U.S. Customs and Border Protection 

13 shall return any unused funds collected and depos14 ited into the account described in paragraph (1) if 

15 a fee agreement entered into pursuant to subsection 

16 (a) is terminated for any reason or the terms of 

17 such fee agreement change by mutual agreement to 

18 cause a reduction of U.S. Customs and Border Pro19 tections services. No interest shall be owed upon the 

20 return of any such unused funds. 

21 ‘‘(j) TERMINATION.— 

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

23 Customs and Border Protection shall terminate the 

24 services provided pursuant to a fee agreement en25 tered into under subsection (a) with an entity that, 
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1 after receiving notice from the Commissioner that a 

2 fee under subsection (h) is due, fails to pay such fee 

3 in a timely manner. If such services are terminated, 

4 all costs incurred by U.S. Customs and Border Pro5 tection that have not been paid shall become imme6 diately due and payable. Interest on unpaid fees 

7 shall accrue based on the rate and amount estab8 lished under sections 6621 and 6622 of the Internal 

9 Revenue Code of 1986. 

10 ‘‘(2) PENALTY.—Any entity that, after notice 

11 and demand for payment of any fee under sub12 section (h), fails to pay such fee in a timely manner 

13 shall be liable for a penalty or liquidated damage 

14 equal to two times the amount of such fee. Any such 

15 amount collected under this paragraph shall be de16 posited into the appropriate account specified under 

17 subsection (i) and shall be available as described in 

18 such subsection. 

19 ‘‘(3) TERMINATION BY THE ENTITY.—Any enti20 ty who has previously entered into an agreement 

21 with U.S. Customs and Border Protection for the re22 imbursement of fees in effect on the date of enact23 ment of this section, or under the provisions of this 

24 section, may request that such agreement be amend25 ed to provide for termination upon advance notice, 
11 

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1 length, and terms that are negotiated between such 

2 entity and U.S. Customs and Border Protection. 

3 ‘‘(k) ANNUAL REPORT.—The Commissioner of U.S. 

4 Customs and Border Protection shall— 

5 ‘‘(1) submit an annual report identifying the 

6 activities undertaken and the agreements entered 

7 into pursuant to this section to— 

8 ‘‘(A) the Committee on Appropriations of 

9 the Senate; 

10 ‘‘(B) the Committee on Finance of the 

11 Senate; 

12 ‘‘(C) the Committee on Homeland Security 

13 and Governmental Affairs of the Senate; 

14 ‘‘(D) the Committee on the Judiciary of 

15 the Senate; 

16 ‘‘(E) the Committee on Appropriations of 

17 the House of Representatives; 

18 ‘‘(F) the Committee on Homeland Security 

19 of the House of Representatives; 

20 ‘‘(G) the Committee on the Judiciary of 

21 the House of Representatives; and 

22 ‘‘(H) the Committee on Ways and Means 

23 of the House of Representatives; and 

24 ‘‘(2) not later than 15 days before entering into 

25 a fee agreement, notify the members of Congress 
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1 that represent the State or Congressional District in 

2 which the affected port of entry or facility is located 

3 of such agreement. 

4 ‘‘(l) RULE OF CONSTRUCTION.—Nothing in this sec5 tion may be construed as imposing on U.S. Customs and 

6 Border Protection any responsibilities, duties, or authori7 ties relating to real property. 

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

9 ‘‘(a) PERSONAL PROPERTY DONATION AUTHOR10 ITY.— 

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

12 Customs and Border Protection, in consultation with 

13 the Administrator of General Services, may enter 

14 into an agreement with any entity to accept a dona15 tion of personal property, money, or nonpersonal 

16 services for the uses described in paragraph (3) only 

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

18 Customs and Border Protection performs or will be 

19 performing inspection services: 

20 ‘‘(A) A new or existing sea or air port of 

21 entry. 

22 ‘‘(B) An existing Federal Government23 owned land port of entry. 

24 ‘‘(C) A new Federal Government-owned 

25 land port of entry if— 
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1 ‘‘(i) the fair market value of the dona2 tion is $50,000,000 or less; and 

3 ‘‘(ii) the fair market value, including 

4 any personal and real property donations 

5 in total, of such port of entry when com6 pleted, is $50,000,000 or less. 

7 ‘‘(2) LIMITATION ON MONETARY DONATIONS.— 

8 Any monetary donation accepted pursuant to this 

9 subsection may not be used to pay the salaries of 

10 U.S. Customs and Border Protection employees per11 forming inspection services. 

12 ‘‘(3) USES.—Donations accepted pursuant to 

13 this subsection may be used for activities of the Of14 fice of Field Operations set forth in subparagraphs 

15 (A) through (F) of section 411(g)(3), which are re16 lated to a new or existing sea or air port of entry 

17 or a new or existing Federal Government-owned land 

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

19 expenses related to— 

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

21 technology, including the installation or deploy22 ment of such items; and 

23 ‘‘(B) the operation and maintenance of 

24 such furniture, fixtures, equipment, or tech25 nology. 
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1 ‘‘(b) REAL PROPERTY DONATION AUTHORITY.— 

2 ‘‘(1) IN GENERAL.—Subject to paragraph (3), 

3 the Commissioner of U.S. Customs and Border Pro4 tection, and the Administrator of the General Serv5 ices Administration, as applicable, may enter into an 

6 agreement with any entity to accept a donation of 

7 real property or money for uses described in para8 graph (2) only with respect to the following locations 

9 at which U.S. Customs and Border Protection per10 forms or will be performing inspection services: 

11 ‘‘(A) A new or existing sea or air port of 

12 entry. 

13 ‘‘(B) An existing Federal Government14 owned land port of entry. 

15 ‘‘(C) A new Federal Government-owned 

16 land port of entry if— 

17 ‘‘(i) the fair market value of the dona18 tion is $50,000,000 or less; and 

19 ‘‘(ii) the fair market value, including 

20 any personal and real property donations 

21 in total, of such port of entry when com22 pleted, is $50,000,000 or less. 

23 ‘‘(2) USE.—Donations accepted pursuant to 

24 this subsection may be used for activities of the Of25 fice of Field Operations set forth in section 411(g), 
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1 which are related to the construction, alteration, op2 eration, or maintenance of a new or existing sea or 

3 air port of entry or a new or existing a Federal Gov4 ernment-owned land port of entry described in para5 graph (1), including expenses related to— 

6 ‘‘(A) land acquisition, design, construction, 

7 repair, or alteration; and 

8 ‘‘(B) operation and maintenance of such 

9 port of entry facility. 

10 ‘‘(3) LIMITATION ON REAL PROPERTY DONA11 TIONS.—A donation of real property under this sub12 section at an existing land port of entry owned by 

13 the General Services Administration may only be ac14 cepted by the Administrator of General Services. 

15 ‘‘(4) SUNSET.— 

16 ‘‘(A) IN GENERAL.—The authority to enter 

17 into an agreement under this subsection shall 

18 terminate on the date that is four years after 

19 the date of the enactment of this section. 

20 ‘‘(B) RULE OF CONSTRUCTION.—The ter21 mination date referred to in subparagraph (A) 

22 shall not apply to carrying out the terms of an 

23 agreement under this subsection if such agree24 ment is entered into before such termination 

25 date. 
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1 ‘‘(c) GENERAL PROVISIONS.— 

2 ‘‘(1) DURATION.—An agreement entered into 

3 under subsection (a) or (b) (and, in the case of such 

4 subsection (b), in accordance with paragraph (4) of 

5 such subsection) may last as long as required to 

6 meet the terms of such agreement. 

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

8 entered into under subsection (a) or (b), the Com9 missioner of U.S. Customs and Border Protection, 

10 in consultation with the Administrator of General 

11 Services, shall establish criteria regarding— 

12 ‘‘(A) the selection and evaluation of do13 nors; 

14 ‘‘(B) the identification of roles and respon15 sibilities between U.S. Customs and Border 

16 Protection, the General Services Administra17 tion, and donors; 

18 ‘‘(C) the identification, allocation, and 

19 management of explicit and implicit risks of 

20 partnering between the Federal Government 

21 and donors; 

22 ‘‘(D) decision-making and dispute resolu23 tion processes; and 

24 ‘‘(E) processes for U.S. Customs and Bor25 der Protection, and the General Services Ad-
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1 ministration, as applicable, to terminate agree2 ments if selected donors are not meeting the 

3 terms of any such agreement, including the se4 curity standards established by U.S. Customs 

5 and Border Protection. 

6 ‘‘(3) EVALUATION PROCEDURES.— 

7 ‘‘(A) IN GENERAL.—The Commissioner of 

8 U.S. Customs and Border Protection, in con9 sultation with the Administrator of General 

10 Services, as applicable, shall— 

11 ‘‘(i) establish criteria for evaluating a 

12 proposal to enter into an agreement under 

13 subsection (a) or (b); and 

14 ‘‘(ii) make such criteria publicly avail15 able. 

16 ‘‘(B) CONSIDERATIONS.—Criteria estab17 lished pursuant to subparagraph (A) shall con18 sider— 

19 ‘‘(i) the impact of a proposal referred 

20 to in such subparagraph on the land, sea, 

21 or air port of entry at issue and other 

22 ports of entry or similar facilities or other 

23 infrastructure near the location of the pro24 posed donation; 
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1 ‘‘(ii) such proposal’s potential to in2 crease trade and travel efficiency through 

3 added capacity; 

4 ‘‘(iii) such proposal’s potential to en5 hance the security of the port of entry at 

6 issue; 

7 ‘‘(iv) the impact of the proposal on re8 ducing wait times at that port of entry or 

9 facility and other ports of entry on the 

10 same border; 

11 ‘‘(v) for a donation under subsection 

12 (b)— 

13 ‘‘(I) whether such donation satis14 fies the requirements of such pro15 posal, or whether additional real prop16 erty would be required; and 

17 ‘‘(II) how such donation was ac18 quired, including if eminent domain 

19 was used; 

20 ‘‘(vi) the funding available to complete 

21 the intended use of such donation; 

22 ‘‘(vii) the costs of maintaining and op23 erating such donation; 
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1 ‘‘(viii) the impact of such proposal on 

2 U.S. Customs and Border Protection staff3 ing requirements; and 

4 ‘‘(ix) other factors that the Commis5 sioner or Administrator determines to be 

6 relevant. 

7 ‘‘(C) DETERMINATION AND NOTIFICA8 TION.— 

9 ‘‘(i) INCOMPLETE PROPOSALS.— 

10 ‘‘(I) IN GENERAL.—Not later 

11 than 60 days after receiving the pro12 posals for a donation agreement from 

13 an entity, the Commissioner of U.S. 

14 Customs and Border Protection shall 

15 notify such entity as to whether such 

16 proposal is complete or incomplete. 

17 ‘‘(II) RESUBMISSION.—If the 

18 Commissioner of U.S. Customs and 

19 Border Protection determines that a 

20 proposal is incomplete, the Commis21 sioner shall— 

22 ‘‘(aa) notify the appropriate 

23 entity and provide such entity 

24 with a description of all informa25 tion or material that is needed to 
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1 complete review of the proposal; 

2 and 

3 ‘‘(bb) allow the entity to re4 submit the proposal with addi5 tional information and material 

6 described in item (aa) to com7 plete the proposal. 

8 ‘‘(ii) COMPLETE PROPOSALS.—Not 

9 later than 180 days after receiving a com10 pleted proposal to enter into an agreement 

11 under subsection (a) or (b), the Commis12 sioner of U.S. Customs and Border Protec13 tion, with the concurrence of the Adminis14 trator of General Services, as applicable, 

15 shall— 

16 ‘‘(I) determine whether to ap17 prove or deny such proposal; and 

18 ‘‘(II) notify the entity that sub19 mitted such proposal of such deter20 mination. 

21 ‘‘(4) SUPPLEMENTAL FUNDING.—Except as re22 quired under section 3307 of title 40, United States 

23 Code, real property donations to the Administrator 

24 of General Services made pursuant to subsection (a) 

25 and (b) at a GSA-owned land port of entry may be 
21 

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1 used in addition to any other funding for such pur2 pose, including appropriated funds, property, or 

3 services. 

4 ‘‘(5) RETURN OF DONATIONS.—The Commis5 sioner of U.S. Customs and Border Protection, or 

6 the Administrator of General Services, as applicable, 

7 may return any donation made pursuant to sub8 section (a) or (b). No interest shall be owed to the 

9 donor with respect to any donation provided under 

10 such subsections that is returned pursuant to this 

11 subsection. 

12 ‘‘(6) PROHIBITION ON CERTAIN FUNDING.— 

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

14 subsections (a) and (b) regarding the accept15 ance of donations, the Commissioner of U.S. 

16 Customs and Border Protection and the Admin17 istrator of General Services, as applicable, may 

18 not, with respect to an agreement entered into 

19 under either of such subsections, obligate or ex20 pend amounts in excess of amounts that have 

21 been appropriated pursuant to any appropria22 tions Act for purposes specified in either of 

23 such subsections or otherwise made available 

24 for any of such purposes. 
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1 ‘‘(B) CERTIFICATION REQUIREMENT.—Be2 fore accepting any donations pursuant to an 

3 agreement under subsection (a) or (b), the 

4 Commissioner of U.S. Customs and Border 

5 Protection shall certify to the congressional 

6 committees set forth in paragraph (7) that the 

7 donation will not be used for the construction 

8 of a detention facility or a border fence or wall. 

9 ‘‘(7) ANNUAL REPORTS.—The Commissioner of 

10 U.S. Customs and Border Protection, in collabora11 tion with the Administrator of General Services, as 

12 applicable, shall submit an annual report identifying 

13 the activities undertaken and agreements entered 

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

15 ‘‘(A) the Committee on Appropriations of 

16 the Senate; 

17 ‘‘(B) the Committee on Environment and 

18 Public Works of the Senate; 

19 ‘‘(C) the Committee on Finance of the 

20 Senate; 

21 ‘‘(D) the Committee on Homeland Security 

22 and Governmental Affairs of the Senate; 

23 ‘‘(E) the Committee on the Judiciary of 

24 the Senate; 
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1 ‘‘(F) the Committee on Appropriations of 

2 the House of Representatives; 

3 ‘‘(G) the Committee on Homeland Security 

4 of the House of Representatives; 

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

6 the House of Representatives; 

7 ‘‘(I) the Committee on Transportation and 

8 Infrastructure of the House of Representatives; 

9 and 

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

11 the House of Representatives. 

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

13 United States shall submit an annual report to the con14 gressional committees referred to in subsection (c)(7) that 

15 evaluates— 

16 ‘‘(1) fee agreements entered into pursuant to 

17 section 481; 

18 ‘‘(2) donation agreements entered into pursuant 

19 to subsections (a) and (b); and 

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

21 Customs and Border Protection pursuant to such 

22 agreements. 

23 ‘‘(e) JUDICIAL REVIEW.—Decisions of the Commis24 sioner of U.S. Customs and Border Protection and the Ad25 ministrator of the General Services Administration under 
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1 this section regarding the acceptance of real or personal 

2 property are in the discretion of the Commissioner and 

3 the Administrator and are not subject to judicial review. 

4 ‘‘(f) RULE OF CONSTRUCTION.—Except as otherwise 

5 provided in this section, nothing in this section may be 

6 construed as affecting in any manner the responsibilities, 

7 duties, or authorities of U.S. Customs and Border Protec8 tion or the General Services Administration. 

9 ‘‘SEC. 483. CURRENT AND PROPOSED AGREEMENTS. 

10 ‘‘Nothing in this subtitle or in section 4 of the Cross11 Border Trade Enhancement Act of 2016 may be con12 strued as affecting— 

13 ‘‘(1) any agreement entered into pursuant to 

14 section 560 of division D of the Consolidated and 

15 Further Continuing Appropriations Act, 2013 (Pub16 lic Law 113–6) or section 559 of title V of division 

17 F of the Consolidated Appropriations Act, 2014 (6 

18 U.S.C. 211 note; Public Law 113–76), as in exist19 ence on the day before the date of the enactment of 

20 this subtitle, and any such agreement shall continue 

21 to have full force and effect on and after such date; 

22 or 

23 ‘‘(2) a proposal accepted for consideration by 

24 U.S. Customs and Border Protection pursuant to 
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1 such section 559, as in existence on the day before 

2 such date of enactment. 

3 ‘‘SEC. 484. DEFINITIONS. 

4 ‘‘In this subtitle: 

5 ‘‘(1) DONOR.—The term ‘donor’ means any en6 tity that is proposing to make a donation under this 

7 Act. 

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

9 ‘‘(A) person; 

10 ‘‘(B) partnership, corporation, trust, es11 tate, cooperative, association, or any other orga12 nized group of persons; 

13 ‘‘(C) Federal, State or local government 

14 (including any subdivision, agency or instru15 mentality thereof); or 

16 ‘‘(D) any other private or governmental en17 tity.’’. 

18 (b) CLERICAL AMENDMENT.—The table of contents 

19 in section 1(b) of the Homeland Security Act of 2002 is 

20 amended by adding at the end of the list of items relating 

21 to title IV the following: 

‘‘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.’’. 
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1 SEC. 3. MODIFICATION OF EXISTING REPORTS TO CON2 GRESS. 

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

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

5 amended— 

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

7 end; 

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

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

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

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

12 fee agreements with U.S. Customs and Border Pro13 tection established under section 481 of the Home14 land Security Act of 2002.’’. 

15 SEC. 4. REPEALS. 

16 (a) CONTRACT AUTHORITY.—Section 560 of division 

17 D of the Consolidated and Further Continuing Appropria18 tions Act, 2013 (Public Law 113–6) is repealed. 

19 (b) PARTNERSHIP PILOT PROGRAM.—Section 559 of 

20 division F of the Consolidated Appropriations Act, 2014 

21 (6 U.S.C. 211 note; Public Law 113–76) is repealed. 

22 SEC. 5. WAIVER OF POLYGRAPH EXAMINATION REQUIRE23 MENT FOR CERTAIN LAW ENFORCEMENT AP24 PLICANTS. 

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

26 (Public Law 111–376; 6 U.S.C. 221) is amended— 
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1 (1) in the matter preceding paragraph (1), by 

2 striking ‘‘The Secretary’’ and inserting the fol3 lowing: 

4 ‘‘(a) IN GENERAL.—The Secretary’’; 

5 (2) in subsection (a)(1), as redesignated, by in6 serting ‘‘(except as provided in subsection (b))’’ after 

7 ‘‘Border Protection’’; and 

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

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

10 and Border Protection may waive the polygraph examina11 tion requirement under subsection (a)(1) for any applicant 

12 who— 

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

14 ‘‘(2) holds a current, active Top Secret/Sen15 sitive Compartmented Information Clearance; 

16 ‘‘(3) has a current Single Scope Background 

17 Investigation; 

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

19 or her clearance; and 
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†S 461 ES

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

2 title 5, United States Code).’’. 

Passed the Senate November 29, 2016. 

Attest: 

Secretary. 

114TH CONGRESS 

2D SESSION S. 461 

AN ACT 

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 con-