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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 461 Reported in Senate (RS)]

<DOC>

                                                       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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Cross-Border Trade 
Enhancement Act of 2015''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Administrator; administration.--The terms 
        ``Administrator'' and ``Administration'' mean the Administrator 
        of General Services and the General Services Administration, 
        respectively.</DELETED>
        <DELETED>    (2) Commissioner.--The term ``Commissioner'' means 
        the Commissioner of U.S. Customs and Border 
        Protection.</DELETED>
        <DELETED>    (3) Person.--The term ``person'' means--</DELETED>
                <DELETED>    (A) an individual; or</DELETED>
                <DELETED>    (B) a corporation, partnership, trust, 
                association, or any other public or private entity, 
                including a State or local government.</DELETED>
        <DELETED>    (4) Relevant committees of congress.--The term 
        ``relevant committees of Congress'' means--</DELETED>
                <DELETED>    (A) the Committee on Environment and 
                Public Works of the Senate;</DELETED>
                <DELETED>    (B) the Committee on Finance of the 
                Senate;</DELETED>
                <DELETED>    (C) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;</DELETED>
                <DELETED>    (D) the Committee on the Judiciary of the 
                Senate;</DELETED>
                <DELETED>    (E) the Committee on Homeland Security of 
                the House of Representatives;</DELETED>
                <DELETED>    (F) the Committee on the Judiciary of the 
                House of Representatives; and</DELETED>
                <DELETED>    (G) the Committee on Transportation and 
                Infrastructure of the House of 
                Representatives.</DELETED>

<DELETED>SEC. 3. AUTHORITY TO ENTER INTO AGREEMENTS FOR THE PROVISION 
              OF CERTAIN SERVICES AT LAND BORDER PORTS OF 
              ENTRY.</DELETED>

<DELETED>    (a) Authority To Enter Into Agreements.--</DELETED>
        <DELETED>    (1) In general.--Notwithstanding section 451 of 
        the Tariff Act of 1930 (19 U.S.C. 1451), and consistent with 
        section 560 of the Department of Homeland Security 
        Appropriations Act, 2013 (division D of Public Law 113-6; 127 
        Stat. 378) and section 559 of the Department of Homeland 
        Security Appropriations Act, 2014 (division F of Public Law 
        113-76; 6 U.S.C. 211 note) the Commissioner may, during the 10-
        year period beginning on the date of the enactment of this Act 
        and upon the request of any person, enter into an agreement 
        with that person under which--</DELETED>
                <DELETED>    (A) U.S. Customs and Border Protection 
                will provide the services described in paragraph (2) at 
                a land border port of entry; and</DELETED>
                <DELETED>    (B) that person will pay the fee described 
                in subsection (b) to reimburse U.S. Customs and Border 
                Protection for the costs incurred in providing such 
                services.</DELETED>
        <DELETED>    (2) Services described.--Services described in 
        this paragraph are any services related to customs, 
        agricultural processing, border security, or inspection-related 
        immigration matters provided by an employee or contractor of 
        U.S. Customs and Border Protection at land border ports of 
        entry.</DELETED>
        <DELETED>    (3) Limitation.--The Commissioner may not modify 
        existing requirements or reimbursement fee agreements in effect 
        as of the date of the enactment of this Act unless the relevant 
        person requests a modification to include services described in 
        this section.</DELETED>
        <DELETED>    (4) Savings provision.--Nothing in this paragraph 
        may be construed to reduce the responsibilities or duties of 
        U.S. Customs and Border Protection to provide services at land 
        border ports of entry that have been authorized or mandated by 
        law and are funded in any appropriation Act or from any 
        accounts in the Treasury of the United States derived by the 
        collection of fees.</DELETED>
<DELETED>    (b) Fee.--</DELETED>
        <DELETED>    (1) In general.--A person requesting U.S. Customs 
        and Border Protection services shall pay a fee pursuant to an 
        agreement under subsection (a) in an amount equal to the sum 
        of--</DELETED>
                <DELETED>    (A) a proportionate share of the salaries 
                and expenses of the individuals employed by U.S. 
                Customs and Border Protection who provided such 
                services; and</DELETED>
                <DELETED>    (B) other costs incurred by U.S. Customs 
                and Border Protection relating to such services, such 
                as temporary placement or permanent relocation of such 
                individuals.</DELETED>
        <DELETED>    (2) Oversight of fees.--The Commissioner shall 
        develop a process to oversee the activities reimbursed by the 
        fees authorized under paragraph (1) that includes--</DELETED>
                <DELETED>    (A) a determination and report on the full 
                cost of providing services, including direct and 
                indirect costs;</DELETED>
                <DELETED>    (B) a process for increasing such fees, as 
                necessary;</DELETED>
                <DELETED>    (C) the establishment of a monthly 
                remittance schedule to reimburse appropriations; 
                and</DELETED>
                <DELETED>    (D) the identification of overtime costs 
                to be reimbursed by such fees.</DELETED>
        <DELETED>    (3) Deposit of funds.--Amounts collected in fees 
        under paragraph (1)--</DELETED>
                <DELETED>    (A) shall be deposited as an offsetting 
                collection;</DELETED>
                <DELETED>    (B) shall remain available until expended, 
                without fiscal year limitation; and</DELETED>
                <DELETED>    (C) shall directly reimburse each 
                appropriation account for the amount paid out of such 
                account for--</DELETED>
                        <DELETED>    (i) any expenses incurred for 
                        providing U.S. Customs and Border Protection 
                        services to the person paying such fee; 
                        and</DELETED>
                        <DELETED>    (ii) any other costs incurred by 
                        the U.S. Customs and Border Protection relating 
                        to such services.</DELETED>
        <DELETED>    (4) Termination.--</DELETED>
                <DELETED>    (A) In general.--The Commissioner shall 
                terminate the services provided pursuant to an 
                agreement with a private sector or government entity 
                under subsection (a) upon receiving notice from the 
                Commissioner that such entity failed to pay the fee 
                imposed under paragraph (1) in a timely 
                manner.</DELETED>
                <DELETED>    (B) Effect of termination.--At the time 
                services are terminated pursuant to subparagraph (A), 
                all costs incurred by U.S. Customs and Border 
                Protection to provide services to the entity described 
                in subparagraph (A), which have not been reimbursed by 
                the entity, will become immediately due and 
                payable.</DELETED>
                <DELETED>    (C) Interest.--Interest on unpaid fees 
                will accrue from the date of termination based on 
                current Treasury borrowing rates.</DELETED>
                <DELETED>    (D) Penalties.--Any private sector or 
                government entity that fails to pay any fee incurred 
                under paragraph (1) in a timely manner, after notice 
                and demand for payment, shall be liable for a penalty 
                or liquidated damage equal to 2 times the amount of 
                such fee.</DELETED>
        <DELETED>    (5) Notification.--Not later than 3 days before 
        entering into an agreement under this section, the Commissioner 
        shall notify--</DELETED>
                <DELETED>    (A) the relevant committees of Congress; 
                and</DELETED>
                <DELETED>    (B) the members of Congress who represent 
                the State or district in which the facility at which 
                services will be provided under the 
                agreement.</DELETED>

<DELETED>SEC. 4. EVALUATION OF ALTERNATIVE FINANCING ARRANGEMENTS FOR 
              CONSTRUCTION AND MAINTENANCE OF INFRASTRUCTURE AT LAND 
              BORDER PORTS OF ENTRY.</DELETED>

<DELETED>    (a) Agreements Authorized.--Consistent with section 559 of 
the Department of Homeland Security Appropriations Act, 2014 (division 
F of Public Law 113-76; 6 U.S.C. 211 note), during the 10-year period 
beginning on the date of the enactment of this Act, the Commissioner 
and the Administrator may, for purposes of facilitating the 
construction, alteration, operation, or maintenance of a new or 
existing facility or other infrastructure at a port of entry under the 
jurisdiction, custody, and control of the Commissioner or the 
Administrator--</DELETED>
        <DELETED>    (1) enter into cost-sharing or reimbursement 
        agreements with any person; or</DELETED>
        <DELETED>    (2) accept donations from any person of--
        </DELETED>
                <DELETED>    (A) real or personal property (including 
                monetary donations); or</DELETED>
                <DELETED>    (B) nonpersonal services.</DELETED>
<DELETED>    (b) Allowable Uses of Agreements.--The Commissioner and 
the Administrator, with respect to an agreement authorized under 
subsection (a), may--</DELETED>
        <DELETED>    (1) use such agreements for activities related to 
        an existing or new port of entry, including expenses related 
        to--</DELETED>
                <DELETED>    (A) land acquisition, design, 
                construction, repair, or alternation;</DELETED>
                <DELETED>    (B) furniture, fixtures, or 
                equipment;</DELETED>
                <DELETED>    (C) the deployment of technology or 
                equipment; or</DELETED>
                <DELETED>    (D) operations and maintenance; 
                or</DELETED>
        <DELETED>    (2) subject to chapter 33 of title 40, United 
        States Code, transfer such property or services between the 
        Commissioner and the Administrator for activities described in 
        paragraph (1) that are related to a new or existing port of 
        entry under the jurisdiction, custody, and control of the 
        relevant agency.</DELETED>
<DELETED>    (c) Evaluation Procedures.--</DELETED>
        <DELETED>    (1) In general.--</DELETED>
                <DELETED>    (A) Requirements for procedures.--The 
                Commissioner, in consultation with the Administrator 
                and consistent with section 559 of the Department of 
                Homeland Security Appropriations Act, 2014 (division F 
                of Public Law 113-76; 6 U.S.C. 211 note), shall issue 
                procedures for evaluating a proposal submitted by a 
                person for an agreement authorized under subsection 
                (a).</DELETED>
                <DELETED>    (B) Availability.--The procedures issued 
                under subparagraph (A) shall be made available to the 
                public through the Department of Homeland Security 
                website.</DELETED>
        <DELETED>    (2) Specification.--In making a donation under 
        subsection (a)(2), a person may--</DELETED>
                <DELETED>    (A) designate the land port of entry 
                facility or facilities that the donation is intended to 
                support; and</DELETED>
                <DELETED>    (B) specify the period during which the 
                contributed property or nonpersonal services shall be 
                used.</DELETED>
        <DELETED>    (3) Supplemental funding.--Any property, including 
        monetary donations and nonpersonal services donated pursuant to 
        subsection (a) may be used in addition to any other funds, 
        including appropriated funds, property, or services made 
        available for the same purpose.</DELETED>
        <DELETED>    (4) Return of donation.--</DELETED>
                <DELETED>    (A) Return required.--If the Commissioner 
                or the Administrator does not use the property or 
                services donated pursuant to subsection (a) for the 
                specific facility or facilities designated under 
                paragraph (2)(A) or during the period specified under 
                paragraph (2)(B), such donated property or services 
                shall be returned to the person that made the 
                donation.</DELETED>
                <DELETED>    (B) Interest prohibited.--No interest may 
                be owed on any donation returned to a person pursuant 
                to subparagraph (A).</DELETED>
        <DELETED>    (5) Determination and notification.--</DELETED>
                <DELETED>    (A) In general.--Not later than 90 days 
                after receiving a proposal pursuant to subsection (a) 
                with respect to the construction or maintenance of a 
                facility or other infrastructure at a land border port 
                of entry, the Commissioner or the Administrator shall--
                </DELETED>
                        <DELETED>    (i) make a determination with 
                        respect to whether or not to approve the 
                        proposal; and</DELETED>
                        <DELETED>    (ii) notify the person that 
                        submitted the proposal of--</DELETED>
                                <DELETED>    (I) the determination; 
                                and</DELETED>
                                <DELETED>    (II) if the Administrator 
                                did not approve the proposal, the 
                                reasons for such 
                                determination.</DELETED>
                <DELETED>    (B) Considerations.--In making the 
                determination under subparagraph (A)(i), the 
                Commissioner or the Administrator shall consider--
                </DELETED>
                        <DELETED>    (i) the impact of the proposal on 
                        reducing wait times at that port of entry and 
                        other ports of entry on the same 
                        border;</DELETED>
                        <DELETED>    (ii) the potential of the proposal 
                        to increase trade and travel efficiency through 
                        added capacity; and</DELETED>
                        <DELETED>    (iii) the potential of the 
                        proposal to enhance the security of the port of 
                        entry.</DELETED>
<DELETED>    (d) Annual Report and Notice to Congress.--The 
Commissioner, in collaboration with the Administrator, shall--
</DELETED>
        <DELETED>    (1) submit an annual report to the relevant 
        committees of Congress on the agreements entered into under 
        subsection (a); and</DELETED>
        <DELETED>    (2) not less than 3 days before entering into an 
        agreement with a person under subsection (a), notify the 
        members of Congress that represent the State or district in 
        which the affected facility is located.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cross-Border Trade Enhancement Act 
of 2016''.

SEC. 2. REPEAL AND TRANSITION PROVISION.

    (a) Repeal.--Subject to subsections (b) and (c), section 560 of the 
Department of Homeland Security Appropriations Act, 2013 (division D of 
Public Law 113-6; 127 Stat. 378) and section 559 of the Department of 
Homeland Security Appropriations Act, 2014 (division F of Public Law 
113-76; 6 U.S.C. 211 note) are repealed.
    (b) Agreements in Effect.--Notwithstanding subsection (a), nothing 
in this Act may be construed as affecting in any manner an agreement 
entered into pursuant to section 560 of the Department of Homeland 
Security Appropriations Act, 2013 (division D of Public Law 113-6; 127 
Stat. 378) or section 559 of the Department of Homeland Security 
Appropriations Act, 2014 (division F of Public Law 113-76; 6 U.S.C. 211 
note) that is in effect on the day before the date of the enactment of 
this Act, and any such agreement shall continue to have full force and 
effect on and after such date.
    (c) Proposed Agreements.--Notwithstanding subsection (a), nothing 
in this Act may be construed as affecting in any manner a proposal 
accepted for consideration and further development by U.S. Customs and 
Border Protection or the General Services Administration pursuant to 
section 559 of the Department of Homeland Security Appropriations Act, 
2014 (division F of Public Law 113-76; 6 U.S.C. 211 note) that was 
accepted prior to the date of the enactment of this Act.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administration.--The term ``Administration'' mean the 
        General Services Administration.
            (2) Administrator.--The term ``Administrator'' mean the 
        Administrator of the Administration.
            (3) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of U.S. Customs and Border Protection.
            (4) Donation agreement.--The term ``donation agreement'' 
        means an agreement made under section 5(a).
            (5) Fee agreement.--The term ``fee agreement'' means an 
        agreement made by the Commissioner under section 4(a)(1).
            (6) Person.--The term ``person'' means--
                    (A) an individual;
                    (B) a corporation, partnership, trust, estate, 
                association, or any other private or public entity;
                    (C) a Federal, State, or local government;
                    (D) any subdivision, agency, or instrumentality of 
                a Federal, State, or local government; or
                    (E) any other governmental entity.
            (7) Relevant committees of congress.--The term ``relevant 
        committees of Congress'' means--
                    (A) the Committee on Appropriations, the Committee 
                on Environment and Public Works, the Committee on 
                Finance, the Committee on Homeland Security and 
                Governmental Affairs, and the Committee on the 
                Judiciary of the Senate; and
                    (B) the Committee on Appropriations, the Committee 
                on Homeland Security, the Committee on the Judiciary, 
                and the Committee on Transportation and Infrastructure 
                of the House of Representatives.

SEC. 4. AUTHORITY TO ENTER INTO FEE AGREEMENTS FOR THE PROVISION OF 
              CERTAIN SERVICES OF U.S. CUSTOMS AND BORDER PROTECTION.

    (a) Fee Agreements.--
            (1) Authority for fee agreements.--Notwithstanding section 
        13031(e) of the Consolidated Omnibus Budget Reconciliation Act 
        of 1985 (19 U.S.C. 58c(e)) and section 451 of the Tariff Act of 
        1930 (19 U.S.C. 1451), the Commissioner may, upon the request 
        of any person, enter into an agreement with that person under 
        which--
                    (A) U.S. Customs and Border Protection will provide 
                the services described in paragraph (4) at a port of 
                entry or any other facility where U.S. Customs and 
                Border Protection provides or will provide services;
                    (B) such person will remit a fee imposed under 
                subsection (b) to U.S. Customs and Border Protection in 
                an amount equal to the full costs incurred or that will 
                be incurred in providing such services; and
                    (C) any additional facilities at which U.S. Customs 
                and Border Protection services are performed or deemed 
                necessary for the provision of services under an 
                agreement entered into under this section shall be 
                provided, maintained, and equipped by such person, 
                without additional cost to the Federal Government, in 
                accordance with U.S. Customs and Border Protection 
                specifications.
            (2) Criteria.--The Commissioner shall establish criteria 
        for entering into a partnership under paragraph (1) that 
        include the following:
                    (A) Selection and evaluation of potential partners.
                    (B) Identification and documentation of roles and 
                responsibilities between U.S. Customs and Border 
                Protection, the Administration, and private and 
                government partners.
                    (C) Identification, allocation, and management of 
                explicit and implicit risks of partnering between U.S. 
                Customs and Border Protection, the Administration, and 
                private and government partners.
                    (D) Decision-making and dispute resolution 
                processes in partnering arrangements.
                    (E) Criteria and processes for U.S. Customs and 
                Border Protection to terminate agreements if private or 
                government partners are not meeting the terms of such a 
                partnership, including the security standards 
                established by U.S. Customs and Border Protection.
            (3) Publication.--The Commissioner shall make publicly 
        available the criteria established under paragraph (2), and 
        shall notify the relevant committees of Congress not less than 
        15 days prior to the publication of the criteria and any 
        subsequent changes to such criteria.
            (4) Services described.--Services described in this 
        paragraph are any services related to, or in support of, 
        customs, agricultural processing, border security, or 
        inspection-related immigration matters provided by an employee 
        or contractor of U.S. Customs and Border Protection at ports of 
        entry or any other facility where U.S. Customs and Border 
        Protection provides or will provide services.
            (5) Modification of prior agreements.--The Commissioner, at 
        the request of a person 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 Act, may modify such agreement to implement any provisions 
        of this Act.
            (6) Limitation.--The Commissioner may not enter into a 
        reimbursable fee agreement under this subsection if such 
        agreement would unduly and permanently impact services funded 
        in this Act or any appropriations Act, or provided from any 
        account in the Treasury of the United States derived by the 
        collection of fees.
            (7) Numerical limitations.--Except as provided in 
        paragraphs (8) and (9), there shall be no limit to the number 
        of fee agreements that may be entered into by the Commissioner.
            (8) Authority for numerical limitations.--
                    (A) Resource availability.--If the Commissioner 
                finds that resource or allocation constraints would 
                prevent U.S. Customs and Border Protection from 
                fulfilling, in whole or in part, requests for services 
                under the terms of existing or proposed fee agreements, 
                the Commissioner shall impose annual limits on the 
                number of new fee agreements.
                    (B) Annual review.--If the Commissioner limits the 
                number of new fee agreements under this paragraph, the 
                Commissioner shall annually evaluate and reassess such 
                limits and publish the results of such evaluation and 
                affirm any such limits that shall remain in effect in a 
                publicly available format.
            (9) Air ports of entry.--
                    (A) Certain costs.--A fee agreement for U.S. 
                Customs and Border Protection services at an air port 
                of entry may only provide for the reimbursement of--
                            (i) salaries and expenses of not more than 
                        5 full-time equivalent U.S. Customs and Border 
                        Protection officers;
                            (ii) costs incurred by U.S. Customs and 
                        Border Protection for the payment of overtime 
                        to employee;
                            (iii) the salaries and expenses of 
                        employees of U.S. Customs and Border Protection 
                        (other than officers specified in clause (i)) 
                        to support U.S. customs and Border Protection 
                        officers in performing law enforcement 
                        functions at air ports of entry, including 
                        primary and secondary processing of passengers; 
                        and
                            (iv) other costs incurred by U.S. Customs 
                        and Border Protection relating to services 
                        described in paragraph (4), such as temporary 
                        placement or permanent relocation of such 
                        employees, including incentive pay for 
                        relocation where appropriate.
                    (B) Preclearance.--The authority in the section may 
                not be used to enter into new preclearance agreements 
                or initiate the provision of U.S. Customs and Border 
                Protection services outside of the United States.
                    (C) Permanent relocation.--Any fee agreement under 
                this Act to provide for the reimbursement of the 
                permanent relocation of an employee of the U.S. Customs 
                and Border Protection shall certify that the terms of 
                the agreement--
                            (i) cannot otherwise be sufficiently met by 
                        the person and the U.S. Customs and Border 
                        Protection;
                            (ii) would not unduly impact U.S. Customs 
                        and Border Protection services at the port of 
                        entry from which the relocation of the employee 
                        is proposed;
                            (iii) would be consistent with other 
                        applicable laws and regulations regarding the 
                        relocation of employees of the U.S. Customs and 
                        Border Protection; and
                            (iv) all costs of the relocation have been 
                        approved by the person.
            (10) Port of entry size consideration.--The Commissioner 
        shall--
                    (A) ensure that each fee agreement proposal is 
                given equal consideration regardless of the size of the 
                port of entry; and
                    (B) report to the relevant committees of Congress 
                on the number of fee agreement proposals that the 
                Commissioner did not enter into due to numerical limits 
                on the number of fee agreements, if the Commissioner 
                adopts such limits.
            (11) Denied application.--If the Commissioner denies a 
        proposal for a fee agreement, the Commission shall provide the 
        person who submitted the proposal the reason for the denial, 
        unless the reason for the denial involves a law enforcement 
        matter or national security interest.
            (12) Construction.--Nothing in this section may be 
        construed--
                    (A) to require a person entering into a fee 
                agreement to cover costs that are otherwise the 
                responsibility of the U.S. Customs and Border 
                Protection or any other agency of the Federal 
                Government and are not incurred, or expected to be 
                incurred, to cover services specifically covered by an 
                agreement entered into under authorities provided by 
                this Act; or
                    (B) to unduly and permanently reduce the 
                responsibilities or duties of U.S. Customs and Border 
                Protection to provide services at ports of entry that 
                have been authorized or mandated by law and are funded 
                in any appropriation Act or from any accounts in the 
                Treasury of the United States derived by the collection 
                of fees.
            (13) Judicial review.--Decisions of the Commissioner under 
        this subsection are in the discretion of the Commissioner and 
        not subject to judicial review.
    (b) Fee.--
            (1) In general.--A person who enters into a fee agreement 
        shall pay a fee pursuant to such agreement in an amount equal 
        to the full cost of U.S. Customs and Border Protection--
                    (A) of the salaries and expenses of individuals 
                employed or contracted by U.S. Customs and Border 
                Protection to provide such services; and
                    (B) of other costs incurred by U.S. Customs and 
                Border Protection related to providing such services, 
                such as temporary placement or permanent relocation of 
                employees, including incentive pay for relocation where 
                appropriate.
            (2) Advance payment.--The Commissioner, with approval from 
        a person requesting services of U.S. Customs and Border 
        Protection services pursuant to a fee agreement, may accept the 
        fee for services prior to providing such services.
            (3) Oversight of fees.--The Commissioner shall develop a 
        process to oversee the activities for which fees are charged 
        pursuant to a fee agreement that includes the following:
                    (A) A determination and report on the full cost of 
                providing services, including direct and indirect 
                costs, as well as a process, through consultation with 
                affected parties and other interested stakeholders, for 
                increasing such fees as necessary.
                    (B) The establishment of a periodic remittance 
                schedule to replenish appropriations, accounts or 
                funds, as necessary.
                    (C) The identification of costs paid by such fees.
            (4) Deposit of funds.--Amounts collected pursuant to a fee 
        agreement shall--
                    (A) be deposited as an offsetting collection;
                    (B) remain available until expended, without fiscal 
                year limitation; and
                    (C) be credited to the applicable appropriation, 
                account, or fund for the amount paid out of that 
                appropriation, account, or fund for--
                            (i) any expenses incurred or to be incurred 
                        by U.S. Customs and Border Protection in 
                        providing such services; and
                            (ii) any other costs incurred by U.S. 
                        Customs and Border Protection relating to such 
                        services.
            (5) Termination by the commissioner.--
                    (A) In general.--The Commissioner shall terminate 
                the services provided pursuant to a fee agreement with 
                a person that, after receiving notice from the 
                Commissioner that a fee imposed under the fee agreement 
                is due, fails to pay such fee in a timely manner.
                    (B) Effect of termination.--At the time services 
                are terminated pursuant to subparagraph (A), all costs 
                incurred by U.S. Customs and Border Protection which 
                have not been paid, will become immediately due and 
                payable.
                    (C) Interest.--Interest on unpaid fees will accrue 
                based on the quarterly rate(s) established under 
                sections 6621 and 6622 of the Internal Revenue Code of 
                1986.
                    (D) Penalties.--Any person that fails to pay any 
                fee incurred under a fee agreement in a timely manner, 
                after notice and demand for payment, shall be liable 
                for a penalty or liquidated damage equal to 2 times the 
                amount of such fee.
                    (E) Amount collected.--Any amount collected 
                pursuant to a fee agreement shall be deposited into the 
                account specified under paragraph (4) and shall be 
                available as described therein.
                    (F) Return of unused funds.--The Commissioner shall 
                return any unused funds collected under a fee agreement 
                that is terminated for any reason, or in the event that 
                the terms of such 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 unused funds.
            (6) Termination by the sponsor.--Any person 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 Act, or under the provisions of 
        this Act, may request that such agreement make provision for 
        termination at the request of such person upon advance notice, 
        the length and terms of which shall be negotiated between such 
        person and U.S. Customs and Border Protection.
    (c) Annual Report and Notice to Congress.--The Commissioner shall--
            (1) submit to the relevant committees of Congress an annual 
        report that identifies each fee agreement made during the 
        previous year; and
            (2) not less than 15 days before entering into a fee 
        agreement, notify the members of Congress that represent the 
        State or district in which the affected port or facility is 
        located.
    (d) 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 for the provision of U.S. Customs and Border 
        Protection services established by the Cross-Border Trade 
        Enhancement Act of 2016.''.

SEC. 5. AUTHORITY TO ENTER INTO AGREEMENTS TO ACCEPT DONATIONS FOR 
              PORTS OF ENTRY.

    (a) Agreements Authorized.--
            (1) Commissioner.--The Commissioner, in collaboration with 
        the Administrator as provided under subsection (e), may enter 
        into an agreement with any person to accept a donation of real 
        or personal property, including monetary donations, or 
        nonpersonal services, for activities in subsection (b) at a new 
        or existing land, sea, or air port of entry, or any facility or 
        other infrastructure at a location where U.S. Customs and 
        Border Protection performs or will be performing services 
        within the United States.
            (2) Administrator.--Where the Administrator has custody or 
        control of a new or existing land port of entry, facility, or 
        other infrastructure at a location where U.S. Customs and 
        Border Protection performs or will be performing inspection 
        services, the Administrator, in collaboration with the 
        Commissioner, may enter into an agreement with any person to 
        accept a donation of real or personal property, including 
        monetary donations, or nonpersonal services, at that location 
        for activities set forth in subsection (b).
    (b) Use.--A donation made under a donation agreement may be used 
for activities related to construction, alteration, operation or 
maintenance, including expenses related to--
            (1) land acquisition, design, construction, repair, and 
        alteration;
            (2) furniture, fixtures, equipment, and technology, 
        including installation and the deployment thereof; and
            (3) operation and maintenance of the facility, 
        infrastructure, equipment, and technology.
    (c) Limitation on Monetary Donations.--Any monetary donation 
accepted pursuant to a donation agreement may not be used to pay the 
salaries of employees of U.S. Customs and Border Protection who perform 
inspection services.
    (d) Term of Donation Agreement.--The term of a donation agreement 
may be as long as is required to meet the terms of the agreement.
    (e) Role of Administrator.--The Administrator's role, involvement, 
and authority under this section is limited with respect to donations 
made at new or existing land ports of entry, facilities, or other 
infrastructure owned or leased by the Administration.
    (f) Evaluation Procedures.--
            (1) Requirements for procedures.--Not later than 180 days 
        after the date of enactment, the Commissioner, in consultation 
        with the Administrator as appropriate, shall issue procedures 
        for evaluating proposals for donation agreements on a year-
        round basis and otherwise consistent with the requirements of 
        this section.
            (2) Availability.--The procedures issued under paragraph 
        (1) shall be made available to the public.
            (3) Cost-sharing arrangements.--In issuing the procedures 
        under paragraph (1), the Commissioner, in consultation with the 
        Administrator, shall evaluate the use of authorities provided 
        under this section to enter into cost-sharing or reimbursement 
        agreements with eligible persons and determine whether such 
        agreements may improve facility conditions or inspection 
        services at new or existing land, sea, or air ports of entry.
    (g) Determination and Notification.--
            (1) In general.--Not later than 60 days after receiving a 
        proposal for a donation agreement, the Commissioner, and 
        Administrator if applicable, shall notify the person that 
        submitted the proposal as to whether it is complete or 
        incomplete.
            (2) Incomplete proposals.--If the Commissioner, and 
        Administrator if applicable, determines that a proposal is 
        incomplete, the person that submitted the proposal shall be 
        notified and provided with--
                    (A) a detailed description of all specific 
                information or material that is needed to complete 
                review of the proposal; and
                    (B) allow the person to resubmit the proposal with 
                additional information and material described under 
                subparagraph (A) to complete the proposal.
            (3) Complete applications.--Not later than 180 days after 
        receiving a completed and final proposal for a donation 
        agreement, the Commissioner, and Administrator if applicable, 
        shall--
                    (A) make a determination whether to deny or approve 
                the proposal; and
                    (B) notify the person that submitted the proposal 
                of the determination.
            (4) Considerations.--In making the determination under 
        paragraph (3)(A), the Commissioner, and Administrator if 
        applicable, shall consider--
                    (A) 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;
                    (B) the potential of the proposal to increase trade 
                and travel efficiency through added capacity;
                    (C) the potential of the proposal to enhance the 
                security of the port of entry or facility;
                    (D) the funding available to complete the intended 
                use of a donation under this section;
                    (E) the costs of maintaining and operating such 
                donation;
                    (F) whether such donation, if real property, 
                satisfies the requirements of such proposal, or whether 
                additional real property would be required;
                    (G) an explanation of how such donation, if real 
                property, was secured;
                    (H) the impact of such proposal on staffing 
                requirements; and
                    (I) other factors that the Commissioner or 
                Administrator determines to be relevant.
    (h) Supplemental Funding.--Any property, including monetary 
donations and nonpersonal services, donated pursuant to a donation 
agreement may be used in addition to any other funds, including 
appropriated funds, property, or services made available for the same 
purpose.
    (i) Return of Donation.--If the Commissioner or the Administrator 
does not use the property or services donated pursuant to a donation 
agreement, such donated property or services shall be returned to the 
person that made the donation.
    (j) Interest Prohibited.--No interest may be owed on any donation 
returned to a person under this subsection.
    (k) Prohibition on Certain Funding.--The Commissioner, in 
collaboration with the Administrator if applicable, with respect to an 
agreement authorized under this section, may not obligate or expend 
amounts in excess of the value of the donations.
    (l) Annual Report and Notice to Congress.--The Commissioner, in 
collaboration with the Administrator if applicable, shall--
            (1) submit to the relevant committees of Congress an annual 
        report that identifies each donation agreement made during the 
        previous year; and
            (2) not less than 15 days before entering into a donation 
        agreement, notify the members of Congress that represent the 
        State or district in which the affected port or facility is 
        located.
    (m) Construction.--Except as otherwise provided in this section, 
nothing in this section may be construed--
            (1) as affecting in any manner the responsibilities, 
        duties, or authorities of U.S. Customs and Border Protection or 
        the Administration;
            (2) to create any right or liability of the parties 
        referred to in this section, except as otherwise set forth in 
        any donation acceptance agreement entered into under this 
        section; or
            (3) as affecting any consultation requirement under any 
        other law.

SEC. 6. 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
            ``(5) is a veteran (as such term is defined in section 2108 
        of title 5, United States Code).''.

SEC. 7. EFFECTIVE PERIOD.

    (a) In General.--Except as provided in subsection (c), this Act and 
the amendments made by this Act shall be in effect during the 10-year 
period beginning on the date of the enactment of this Act.
    (b) Agreements in Effect.--Any agreement made pursuant to this Act 
that is in effect on the date that is 10 years after the date of the 
enactment of this Act shall continue to have full force and effect on 
and after such date and remain in effect under the terms of such 
agreement.
    (c) Permanent Provisions.--Section 2, the amendments made by 
section 2, and the amendments made by section 6 shall take effect on 
the date of the enactment of this Act.
                                                       Calendar No. 559

114th CONGRESS

  2d Session

                                 S. 461

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             July 12, 2016

                       Reported with an amendment
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