‘‘(d) LIMITATIONS.— 
‘‘(1) IMPACTS
OF
SERVICES.—The Commis-
sioner of U.S. Customs and Border Protection— 
‘‘(A) may enter into fee agreements under 
this section only for services that— 
‘‘(i) will increase or enhance the oper-
ational capacity of U.S. Customs and Bor-
der Protection based on available staffing 
and workload; and 
‘‘(ii) will not shift the cost of services 
funded in any appropriations Act, or pro-
vided from any account in the Treasury of 
the United States derived by the collection 
of fees, to entities under this Act; and 
‘‘(B) may not enter into a fee agreement 
under this section if such agreement would un-
duly and permanently impact services funded in 
any appropriations Act, or provided from any 
account in the Treasury of the United States, 
derived by the collection of fees. 
‘‘(2) NUMBER.—There shall be no limit to the 
number of fee agreements that the Commissioner of 
U.S. Customs and Border Protection may enter into 
under this section. 
‘‘(e) AIR PORTS OF ENTRY.—
‘‘(1) FEE
AGREEMENT.—Except as otherwise 
provided in this subsection, a fee agreement for U.S. 
Customs and Border Protection services at an air 
port of entry may only provide for the payment of 
overtime costs of U.S. Customs and Border Protec-
tion officers and salaries and expenses of U.S. Cus-
toms and Border Protection employees to support 
U.S. Customs and Border Protection officers in per-
forming services described in subsection (b). 
‘‘(2) SMALL AIRPORTS.—Notwithstanding para-
graph (1), U.S. Customs and Border Protection may 
receive reimbursement in addition to overtime costs 
if the fee agreement is for services at an air port of 
entry that has fewer than 100,000 arriving inter-
national passengers annually. 
‘‘(3) COVERED SERVICES.—In addition to costs 
described in paragraph (1), a fee agreement for U.S. 
Customs and Border Protection services at an air 
port of entry referred to in paragraph (2) may pro-
vide for the reimbursement of— 
‘‘(A) salaries and expenses of not more 
than five full-time equivalent U.S. Customs and 
Border Protection Officers beyond the number 
of such officers assigned to the port of entry on
the date on which the fee agreement was 
signed; 
‘‘(B) salaries and expenses of employees of 
U.S. Customs and Border Protection, other 
than the officers referred to in subparagraph 
(A), to support U.S. Customs and Border Pro-
tection officers in performing law enforcement 
functions; and 
‘‘(C) other costs incurred by U.S. Customs 
and Border Protection relating to services de-
scribed in subparagraph (B), such as temporary 
placement or permanent relocation of employ-
ees, including incentive pay for relocation, as 
appropriate. 
‘‘(f) PORT OF ENTRY SIZE.—The Commissioner of 
U.S. Customs and Border Protection shall ensure that 
each fee agreement proposal is given equal consideration 
regardless of the size of the port of entry. 
‘‘(g) DENIED APPLICATION.— 
‘‘(1) IN
GENERAL.—If the Commissioner of 
U.S. Customs and Border Protection denies a pro-
posal for a fee agreement under this section, the 
Commissioner shall provide the entity submitting 
such proposal with the reason for the denial un-
less—
‘‘(A) the reason for the denial is law en-
forcement sensitive; or 
‘‘(B) withholding the reason for the denial 
is in the national security interests of the 
United States. 
‘‘(2) JUDICIAL REVIEW.—Decisions of the Com-
missioner of U.S. Customs and Border Protection 
under paragraph (1) are in the discretion of the 
Commissioner and are not subject to judicial review. 
‘‘(h) FEE.— 
‘‘(1) IN GENERAL.—The amount of the fee to 
be charged under an agreement authorized under 
subsection (a) shall be paid by each entity request-
ing U.S. Customs and Border Protection services, 
and shall be for the full cost of providing such serv-
ices, including the salaries and expenses of employ-
ees and contractors of U.S. Customs and Border 
Protection, to provide such services and other costs 
incurred by U.S. Customs and Border Protection re-
lating to such services, such as temporary placement 
or permanent relocation of such employees and con-
tractors. 
‘‘(2) TIMING.—The Commissioner of U.S. Cus-
toms and Border Protection may require that the fee 
referred to in paragraph (1) be paid by each entity
that has entered into a fee agreement under sub-
section (a) with U.S. Customs and Border Protec-
tion in advance of the performance of U.S. Customs 
and Border Protection services. 
‘‘(3) OVERSIGHT OF FEES.—The Commissioner 
of U.S. Customs and Border Protection shall develop 
a process to oversee the services for which fees are 
charged pursuant to an agreement under subsection 
(a), including— 
‘‘(A) a determination and report on the 
full costs of providing such services, and a proc-
ess for increasing such fees, as necessary; 
‘‘(B) the establishment of a periodic remit-
tance schedule to replenish appropriations, ac-
counts, or funds, as necessary; and 
‘‘(C) the identification of costs paid by 
such fees. 
‘‘(i) DEPOSIT OF FUNDS.— 
‘‘(1) ACCOUNT.—Funds collected pursuant to 
any agreement entered into pursuant to subsection 
(a)— 
‘‘(A) shall be deposited as offsetting collec-
tions; 
‘‘(B) shall remain available until expended 
without fiscal year limitation; and
‘‘(C) shall be credited to the applicable ap-
propriation, account, or fund for the amount 
paid out of such appropriation, account, or fund 
for any expenses incurred or to be incurred by 
U.S. Customs and Border Protection in pro-
viding U.S. Customs and Border Protection 
services under any such agreement and any 
other costs incurred or to be incurred by U.S. 
Customs and Border Protection relating to such 
services. 
‘‘(2) RETURN OF UNUSED FUNDS.—The Com-
missioner of U.S. Customs and Border Protection 
shall return any unused funds collected and depos-
ited into the account described in paragraph (1) if 
a fee agreement entered into pursuant to subsection 
(a) is terminated for any reason or the terms of 
such fee agreement change by mutual agreement to 
cause a reduction of U.S. Customs and Border Pro-
tections services. No interest shall be owed upon the 
return of any such unused funds. 
‘‘(j) TERMINATION.— 
‘‘(1) IN GENERAL.—The Commissioner of U.S. 
Customs and Border Protection shall terminate the 
services provided pursuant to a fee agreement en-
tered into under subsection (a) with an entity that,
after receiving notice from the Commissioner that a 
fee under subsection (h) is due, fails to pay such fee 
in a timely manner. If such services are terminated, 
all costs incurred by U.S. Customs and Border Pro-
tection that have not been paid shall become imme-
diately due and payable. Interest on unpaid fees 
shall accrue based on the rate and amount estab-
lished under sections 6621 and 6622 of the Internal 
Revenue Code of 1986. 
‘‘(2) PENALTY.—Any entity that, after notice 
and demand for payment of any fee under sub-
section (h), fails to pay such fee in a timely manner 
shall be liable for a penalty or liquidated damage 
equal to two times the amount of such fee. Any such 
amount collected under this paragraph shall be de-
posited into the appropriate account specified under 
subsection (i) and shall be available as described in 
such subsection. 
‘‘(3) TERMINATION BY THE ENTITY.—Any enti-
ty who has previously entered into an agreement 
with U.S. Customs and Border Protection for the re-
imbursement of fees in effect on the date of enact-
ment of this section, or under the provisions of this 
section, may request that such agreement be amend-
ed to provide for termination upon advance notice,
length, and terms that are negotiated between such 
entity and U.S. Customs and Border Protection. 
‘‘(k) ANNUAL REPORT.—The Commissioner of U.S. 
Customs and Border Protection shall— 
‘‘(1) submit an annual report identifying the 
activities undertaken and the agreements entered 
into pursuant to this section to— 
‘‘(A) the Committee on Appropriations of 
the Senate; 
‘‘(B) the Committee on Finance of the 
Senate; 
‘‘(C) the Committee on Homeland Security 
and Governmental Affairs of the Senate; 
‘‘(D) the Committee on the Judiciary of 
the Senate; 
‘‘(E) the Committee on Appropriations of 
the House of Representatives; 
‘‘(F) the Committee on Homeland Security 
of the House of Representatives; 
‘‘(G) the Committee on the Judiciary of 
the House of Representatives; and 
‘‘(H) the Committee on Ways and Means 
of the House of Representatives; and 
‘‘(2) not later than 15 days before entering into 
a fee agreement, notify the members of Congress
that represent the State or Congressional District in 
which the affected port of entry or facility is located 
of such agreement. 
‘‘(l) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed as imposing on U.S. Customs and 
Border Protection any responsibilities, duties, or authori-
ties relating to real property. 
‘‘SEC. 482. PORT OF ENTRY DONATION AUTHORITY. 
‘‘(a) PERSONAL PROPERTY DONATION AUTHOR-
ITY.— 
‘‘(1) IN GENERAL.—The Commissioner of U.S. 
Customs and Border Protection, in consultation with 
the Administrator of General Services, may enter 
into an agreement with any entity to accept a dona-
tion of personal property, money, or nonpersonal 
services for the uses described in paragraph (3) only 
with respect to the following locations at which U.S. 
Customs and Border Protection performs or will be 
performing inspection services: 
‘‘(A) A new or existing sea or air port of 
entry. 
‘‘(B) An existing Federal Government- 
owned land port of entry. 
‘‘(C) A new Federal Government-owned 
land port of entry if—
‘‘(i) the fair market value of the dona-
tion is $50,000,000 or less; and 
‘‘(ii) the fair market value, including 
any personal and real property donations 
in total, of such port of entry when com-
pleted, is $50,000,000 or less. 
‘‘(2) LIMITATION ON MONETARY DONATIONS.— 
Any monetary donation accepted pursuant to this 
subsection may not be used to pay the salaries of 
U.S. Customs and Border Protection employees per-
forming inspection services. 
‘‘(3) USES.—Donations accepted pursuant to 
this subsection may be used for activities of the Of-
fice of Field Operations set forth in subparagraphs 
(A) through (F) of section 411(g)(3), which are re-
lated to a new or existing sea or air port of entry 
or a new or existing Federal Government-owned land 
port of entry described in paragraph (1), including 
expenses related to— 
‘‘(A) furniture, fixtures, equipment, or 
technology, including the installation or deploy-
ment of such items; and 
‘‘(B) the operation and maintenance of 
such furniture, fixtures, equipment, or tech-
nology.
‘‘(b) REAL PROPERTY DONATION AUTHORITY.— 
‘‘(1) IN GENERAL.—Subject to paragraph (3), 
the Commissioner of U.S. Customs and Border Pro-
tection, and the Administrator of the General Serv-
ices Administration, as applicable, may enter into an 
agreement with any entity to accept a donation of 
real property or money for uses described in para-
graph (2) only with respect to the following locations 
at which U.S. Customs and Border Protection per-
forms or will be performing inspection services: 
‘‘(A) A new or existing sea or air port of 
entry. 
‘‘(B) An existing Federal Government- 
owned land port of entry. 
‘‘(C) A new Federal Government-owned 
land port of entry if— 
‘‘(i) the fair market value of the dona-
tion is $50,000,000 or less; and 
‘‘(ii) the fair market value, including 
any personal and real property donations 
in total, of such port of entry when com-
pleted, is $50,000,000 or less. 
‘‘(2) USE.—Donations accepted pursuant to 
this subsection may be used for activities of the Of-
fice of Field Operations set forth in section 411(g),
which are related to the construction, alteration, op-
eration, or maintenance of a new or existing sea or 
air port of entry or a new or existing a Federal Gov-
ernment-owned land port of entry described in para-
graph (1), including expenses related to— 
‘‘(A) land acquisition, design, construction, 
repair, or alteration; and 
‘‘(B) operation and maintenance of such 
port of entry facility. 
‘‘(3) LIMITATION ON REAL PROPERTY DONA-
TIONS.—A donation of real property under this sub-
section at an existing land port of entry owned by 
the General Services Administration may only be ac-
cepted by the Administrator of General Services. 
‘‘(4) SUNSET.— 
‘‘(A) IN GENERAL.—The authority to enter 
into an agreement under this subsection shall 
terminate on the date that is 4 years after the 
date of the enactment of this section. 
‘‘(B) RULE OF CONSTRUCTION.—The ter-
mination date referred to in subparagraph (A) 
shall not apply to carrying out the terms of an 
agreement under this subsection if such agree-
ment is entered into before such termination 
date.
‘‘(ii) such proposal’s potential to in-
crease trade and travel efficiency through 
added capacity; 
‘‘(iii) such proposal’s potential to en-
hance the security of the port of entry at 
issue; 
‘‘(iv) the impact of the proposal on re-
ducing wait times at that port of entry or 
facility and other ports of entry on the 
same border; 
‘‘(v) for a donation under subsection 
(b)— 
‘‘(I) whether such donation satis-
fies the requirements of such pro-
posal, or whether additional real prop-
erty would be required; and 
‘‘(II) how such donation was ac-
quired, including if eminent domain 
was used; 
‘‘(vi) the funding available to complete 
the intended use of such donation; 
‘‘(vii) the costs of maintaining and op-
erating such donation;
‘‘(viii) the impact of such proposal on 
U.S. Customs and Border Protection staff-
ing requirements; and 
‘‘(ix) other factors that the Commis-
sioner or Administrator determines to be 
relevant. 
‘‘(C) 
DETERMINATION
AND
NOTIFICA-
TION.— 
‘‘(i) INCOMPLETE PROPOSALS.— 
‘‘(I) IN
GENERAL.—Not later 
than 60 days after receiving the pro-
posals for a donation agreement from 
an entity, the Commissioner of U.S. 
Customs and Border Protection shall 
notify such entity as to whether such 
proposal is complete or incomplete. 
‘‘(II) 
RESUBMISSION.—If 
the 
Commissioner of U.S. Customs and 
Border Protection determines that a 
proposal is incomplete, the Commis-
sioner shall— 
‘‘(aa) notify the appropriate 
entity and provide such entity 
with a description of all informa-
tion or material that is needed to
complete review of the proposal; 
and 
‘‘(bb) allow the entity to re-
submit the proposal with addi-
tional information and material 
described in item (aa) to com-
plete the proposal. 
‘‘(ii) 
COMPLETE
PROPOSALS.—Not 
later than 180 days after receiving a com-
pleted proposal to enter into an agreement 
under subsection (a) or (b), the Commis-
sioner of U.S. Customs and Border Protec-
tion, with the concurrence of the Adminis-
trator of General Services, as applicable, 
shall— 
‘‘(I) determine whether to ap-
prove or deny such proposal; and 
‘‘(II) notify the entity that sub-
mitted such proposal of such deter-
mination. 
‘‘(4) SUPPLEMENTAL FUNDING.—Except as re-
quired under section 3307 of title 40, United States 
Code, real property donations to the Administrator 
of General Services made pursuant to subsection (a) 
and (b) at a GSA-owned land port of entry may be
used in addition to any other funding for such pur-
pose, including appropriated funds, property, or 
services. 
‘‘(5) RETURN OF DONATIONS.—The Commis-
sioner of U.S. Customs and Border Protection, or 
the Administrator of General Services, as applicable, 
may return any donation made pursuant to sub-
section (a) or (b). No interest shall be owed to the 
donor with respect to any donation provided under 
such subsections that is returned pursuant to this 
subsection. 
‘‘(6) PROHIBITION ON CERTAIN FUNDING.— 
‘‘(A) IN GENERAL.—Except as provided in 
subsections (a) and (b) regarding the accept-
ance of donations, the Commissioner of U.S. 
Customs and Border Protection and the Admin-
istrator of General Services, as applicable, may 
not, with respect to an agreement entered into 
under either of such subsections, obligate or ex-
pend amounts in excess of amounts that have 
been appropriated pursuant to any appropria-
tions Act for purposes specified in either of 
such subsections or otherwise made available 
for any of such purposes.
‘‘(B) CERTIFICATION REQUIREMENT.—Be-
fore accepting any donations pursuant to an 
agreement under subsection (a) or (b), the 
Commissioner of U.S. Customs and Border 
Protection shall certify to the congressional 
committees set forth in paragraph (7) that the 
donation will not be used for the construction 
of a detention facility or a border fence or wall. 
‘‘(7) ANNUAL REPORTS.—The Commissioner of 
U.S. Customs and Border Protection, in collabora-
tion with the Administrator of General Services, as 
applicable, shall submit an annual report identifying 
the activities undertaken and agreements entered 
into pursuant to subsections (a) and (b) to— 
‘‘(A) the Committee on Appropriations of 
the Senate; 
‘‘(B) the Committee on Environment and 
Public Works of the Senate; 
‘‘(C) the Committee on Finance of the 
Senate; 
‘‘(D) the Committee on Homeland Security 
and Governmental Affairs of the Senate; 
‘‘(E) the Committee on the Judiciary of 
the Senate;
‘‘(F) the Committee on Appropriations of 
the House of Representatives; 
‘‘(G) the Committee on Homeland Security 
of the House of Representatives; 
‘‘(H) the Committee on the Judiciary of 
the House of Representatives; 
‘‘(I) the Committee on Transportation and 
Infrastructure of the House of Representatives; 
and 
‘‘(J) the Committee on Ways and Means of 
the House of Representatives. 
‘‘(d) GAO REPORT.—The Comptroller General of the 
United States shall submit an annual report to the con-
gressional committees referred to in subsection (c)(7) that 
evaluates— 
‘‘(1) fee agreements entered into pursuant to 
section 481; 
‘‘(2) donation agreements entered into pursuant 
to subsections (a) and (b); and 
‘‘(3) the fees and donations received by U.S. 
Customs and Border Protection pursuant to such 
agreements. 
‘‘(e) JUDICIAL REVIEW.—Decisions of the Commis-
sioner of U.S. Customs and Border Protection and the Ad-
ministrator of the General Services Administration under
this section regarding the acceptance of real or personal 
property are in the discretion of the Commissioner and 
the Administrator and are not subject to judicial review. 
‘‘(f) RULE OF CONSTRUCTION.—Except as otherwise 
provided in this section, nothing in this section may be 
construed as affecting in any manner the responsibilities, 
duties, or authorities of U.S. Customs and Border Protec-
tion or the General Services Administration. 
‘‘SEC. 483. CURRENT AND PROPOSED AGREEMENTS. 
‘‘Nothing in this subtitle or in section 4 of the Cross- 
Border Trade Enhancement Act of 2016 may be con-
strued as affecting— 
‘‘(1) any agreement entered into pursuant to 
section 560 of division D of the Consolidated and 
Further Continuing Appropriations Act, 2013 (Pub-
lic Law 113–6) or section 559 of title V of division 
F of the Consolidated Appropriations Act, 2014 (6 
U.S.C. 211 note; Public Law 113–76), as in exist-
ence on the day before the date of the enactment of 
this subtitle, and any such agreement shall continue 
to have full force and effect on and after such date; 
or 
‘‘(2) a proposal accepted for consideration by 
U.S. Customs and Border Protection pursuant to
such section 559, as in existence on the day before 
such date of enactment. 
‘‘SEC. 484. DEFINITIONS. 
‘‘In this subtitle: 
‘‘(1) DONOR.—The term ‘donor’ means any en-
tity that is proposing to make a donation under this 
Act. 
‘‘(2) ENTITY.—The term ‘entity’ means any— 
‘‘(A) person; 
‘‘(B) partnership, corporation, trust, es-
tate, cooperative, association, or any other orga-
nized group of persons; 
‘‘(C) Federal, State or local government 
(including any subdivision, agency or instru-
mentality thereof); or 
‘‘(D) any other private or governmental en-
tity.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended by adding at the end of the list of items relating 
to title IV the following: 
‘‘Subtitle G—U.S. Customs and Border Protection Public Private 
Partnerships 
‘‘Sec. 481. Fee agreements for certain services at ports of entry. 
‘‘Sec. 482. Port of entry donation authority. 
‘‘Sec. 483. Current and proposed agreements. 
‘‘Sec. 484. Definitions.’’.
SEC. 3. MODIFICATION OF EXISTING REPORTS TO CON-
GRESS. 
Section 907(b) of the Trade Facilitation and Trade 
Enforcement Act of 2015 (Public Law 114–125) is 
amended— 
(1) in paragraph (3), by striking ‘‘or’’ at the 
end; 
(2) in paragraph (4), by striking the period at 
the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(5) the program for entering into reimbursable 
fee agreements with U.S. Customs and Border Pro-
tection established under section 481 of the Home-
land Security Act of 2002.’’. 
SEC. 4. REPEALS. 
(a) CONTRACT AUTHORITY.—Section 560 of division 
D of the Consolidated and Further Continuing Appropria-
tions Act, 2013 (Public Law 113–6) is repealed. 
(b) PARTNERSHIP PILOT PROGRAM.—Section 559 of 
division F of the Consolidated Appropriations Act, 2014 
(6 U.S.C. 211 note; Public Law 113–76) is repealed. 
SEC. 5. WAIVER OF POLYGRAPH EXAMINATION REQUIRE-
MENT FOR CERTAIN LAW ENFORCEMENT AP-
PLICANTS. 
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 fol-
lowing: 
‘‘(a) IN GENERAL.—The Secretary’’; 
(2) in subsection (a)(1), as redesignated, by in-
serting ‘‘(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 examina-
tion requirement under subsection (a)(1) for any applicant 
who— 
‘‘(1) is deemed suitable for employment; 
‘‘(2) holds a current, active Top Secret/Sen-
sitive 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 defined in section 2108 of 
title 5, United States Code).’’. 
Passed the House of Representatives December 6, 
2016. 
Attest: 
Clerk.