Cross-Border Trade Enhancement Act of 2016

Bill: 114-s-461
Sponsor: full_name: Sen. Cornyn, John [R-TX]
Introduced: 2015-02-11
Policy area: Foreign Trade and International Finance
Subjects: Agricultural trade

Border security and unlawful immigration

Customs enforcement

Department of Homeland Security

Executive agency funding and structure

Public contracts and procurement

User charges and fees
Latest action: action_date: 2016-11-30
text: Held at the desk.

Summaries:
action_date: 2015-02-11
action_desc: Introduced in Senate
text: <p><b>Cross-Border Trade Enhancement Act of 2015 </b></p> <p>Authorizes the Commissioner of U.S. Customs and Border Protection (CBP) to enter into agreements with certain persons for the CBP to provide customs, agricultural processing, border security, or inspection-related immigration services at a land border port of entry, subject to payment of a fee to reimburse the CBP for providing such services.</p> <p>Authorizes the Commissioner and the Administrator of General Services (GSA) to:</p> <ul> <li>enter into cost-sharing or reimbursement agreements with persons for the construction or maintenance of a new or existing CBP or GSA facility or other infrastructure at a land border port of entry; or</li> <li>accept donations from persons of real or personal property (including money) or nonpersonal services for use in the construction or maintenance of such facilities or infrastructure.</li> </ul> <p>Directs the Commissioner to issue procedures for evaluating a proposal submitted by a person for an agreement.</p>

action_date: 2016-11-29
action_desc: Passed Senate amended
text: <p><b>Cross-Border Trade Enhancement Act of 2016</b></p> <p>(Sec. 2) This bill amends the Homeland Security Act of 2002 to authorize the U.S. Customs and Border Protection (CBP) to enter into agreements with certain entities for the CBP to provide customs, agricultural processing, border security, or inspection-related immigration services at federal-owned land, or sea or air ports of entry, subject to payment of a fee to reimburse the CBP for providing such services. The bill prescribes requirements for the termination of CBP services and the imposition of a penalty after notice and demand for payment of fees not timely paid by an entity. </p> <p>The CBP and the General Services Administration may enter into an agreement with an entity to accept donations of: </p> <ul> <li>personal property, money, or nonpersonal services for use in the purchase and installation of furniture and other equipment at new or existing sea or air ports of entry or new or existing federal-owned land ports of entry; or</li> <li>real property or money for use in the construction or maintenance of such facilities.</li> </ul> <p>The CBP shall establish, and make available to the public, criteria for evaluating a proposal to enter into agreements to accept donations.</p> <p>CBP and the Government Accountability Office shall report annually to specified congressional committees on CBP fee agreements and donations. </p> <p>(Sec. 3) Modifies CBP reporting requirements under the Trade Facilitation and Trade Enforcement Act of 2015 to include reporting on reimbursable fee agreements with CBP.</p> <p>(Sec. 4) The bill amends the Consolidated and Further Continuing Appropriations Act, 2013, and the Consolidated Appropriations Act, 2014, to repeal:</p> <ul> <li>CBP authority to enter into reimbursable fee agreements for a period of up to five years, and</li> <li>the partnership pilot program allowing CBP to enter into partnerships with the private sector and government entities at ports of entry for certain CBP services and to accept certain donations.</li> </ul> <p>(Sec. 5) The bill amends the Anti-Border Corruption Act of 2010 to permit the CBP to waive certain polygraph examination requirements for certain qualifying applicants for law enforcement positions with CBP.</p> <p />

tv_txt: II 114th CONGRESS 1st Session S. 461 IN THE SENATE OF THE UNITED STATES February 11, 2015 Mr. Cornyn (for himself and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To provide for alternative financing arrangements for the provision of certain services and the construction and maintenance of infrastructure at land border ports of entry, and for other purposes.

1. Short title This Act may be cited as the Cross-Border Trade Enhancement Act of 2015 . 2. Definitions In this Act: (1) Administrator; Administration The terms Administrator and Administration mean the Administrator of General Services and the General Services Administration, respectively. (2) Commissioner The term Commissioner means the Commissioner of U.S. Customs and Border Protection. (3) Person The term person means— (A) an individual; or (B) a corporation, partnership, trust, association, or any other public or private entity, including a State or local government. (4) Relevant committees of Congress The term relevant committees of Congress means— (A) the Committee on Environment and Public Works 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 Homeland Security of the House of Representatives ; (F) the Committee on the Judiciary of the House of Representatives ; and (G) the Committee on Transportation and Infrastructure of the House of Representatives . 3. Authority to enter into agreements for the provision of certain services at land border ports of entry (a) Authority To enter into agreements (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— (A) U.S. Customs and Border Protection will provide the services described in paragraph (2) at a land border port of entry; and (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. (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. (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. (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. (b) Fee (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— (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 (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. (2) Oversight of fees The Commissioner shall develop a process to oversee the activities reimbursed by the fees authorized under paragraph (1) that includes— (A) a determination and report on the full cost of providing services, including direct and indirect costs; (B) a process for increasing such fees, as necessary; (C) the establishment of a monthly remittance schedule to reimburse appropriations; and (D) the identification of overtime costs to be reimbursed by such fees. (3) Deposit of funds Amounts collected in fees under paragraph (1)— (A) shall be deposited as an offsetting collection; (B) shall remain available until expended, without fiscal year limitation; and (C) shall directly reimburse each appropriation account for the amount paid out of such account for— (i) any expenses incurred for providing U.S. Customs and Border Protection services to the person paying such fee; and (ii) any other costs incurred by the U.S. Customs and Border Protection relating to such services. (4) Termination (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. (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. (C) Interest Interest on unpaid fees will accrue from the date of termination based on current Treasury borrowing rates. (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. (5) Notification Not later than 3 days before entering into an agreement under this section, the Commissioner shall notify— (A) the relevant committees of Congress; and (B) the members of Congress who represent the State or district in which the facility at which services will be provided under the agreement. 4. Evaluation of alternative financing arrangements for construction and maintenance of infrastructure at land border ports of entry (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— (1) enter into cost-sharing or reimbursement agreements with any person; or (2) accept donations from any person of— (A) real or personal property (including monetary donations); or (B) nonpersonal services. (b) Allowable uses of agreements The Commissioner and the Administrator, with respect to an agreement authorized under subsection (a), may— (1) use such agreements for activities related to an existing or new port of entry, including expenses related to— (A) land acquisition, design, construction, repair, or alternation; (B) furniture, fixtures, or equipment; (C) the deployment of technology or equipment; or (D) operations and maintenance; or (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. (c) Evaluation procedures (1) In general (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). (B) Availability The procedures issued under subparagraph (A) shall be made available to the public through the Department of Homeland Security website. (2) Specification In making a donation under subsection (a)(2), a person may— (A) designate the land port of entry facility or facilities that the donation is intended to support; and (B) specify the period during which the contributed property or nonpersonal services shall be used. (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. (4) Return of donation (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. (B) Interest prohibited No interest may be owed on any donation returned to a person pursuant to subparagraph (A). (5) Determination and notification (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— (i) make a determination with respect to whether or not to approve the proposal; and (ii) notify the person that submitted the proposal of— (I) the determination; and (II) if the Administrator did not approve the proposal, the reasons for such determination. (B) Considerations In making the determination under subparagraph (A)(i), the Commissioner or the Administrator shall consider— (i) the impact of the proposal on reducing wait times at that port of entry and other ports of entry on the same border; (ii) the potential of the proposal to increase trade and travel efficiency through added capacity; and (iii) the potential of the proposal to enhance the security of the port of entry. (d) Annual report and notice to Congress The Commissioner, in collaboration with the Administrator, shall— (1) submit an annual report to the relevant committees of Congress on the agreements entered into under subsection (a); and (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.

tv_txt: II Calendar No. 559 114th CONGRESS 2d Session S. 461 IN THE SENATE OF THE UNITED STATES February 11, 2015 Mr. Cornyn (for himself, Ms. Klobuchar , Mr. Johnson , Mr. Heller , and Mr. Flake ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs July 12, 2016 Reported by Mr. Johnson , with an amendment Strike out all after the enacting clause and insert the part printed in italic A BILL To provide for alternative financing arrangements for the provision of certain services and the construction and maintenance of infrastructure at land border ports of entry, and for other purposes.

1. Short title This Act may be cited as the Cross-Border Trade Enhancement Act of 2015 . 2. Definitions In this Act: (1) Administrator; Administration The terms Administrator and Administration mean the Administrator of General Services and the General Services Administration, respectively. (2) Commissioner The term Commissioner means the Commissioner of U.S. Customs and Border Protection. (3) Person The term person means— (A) an individual; or (B) a corporation, partnership, trust, association, or any other public or private entity, including a State or local government. (4) Relevant committees of Congress The term relevant committees of Congress means— (A) the Committee on Environment and Public Works 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 Homeland Security of the House of Representatives ; (F) the Committee on the Judiciary of the House of Representatives ; and (G) the Committee on Transportation and Infrastructure of the House of Representatives . 3. Authority to enter into agreements for the provision of certain services at land border ports of entry (a) Authority To enter into agreements (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— (A) U.S. Customs and Border Protection will provide the services described in paragraph (2) at a land border port of entry; and (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. (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. (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. (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. (b) Fee (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— (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 (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. (2) Oversight of fees The Commissioner shall develop a process to oversee the activities reimbursed by the fees authorized under paragraph (1) that includes— (A) a determination and report on the full cost of providing services, including direct and indirect costs; (B) a process for increasing such fees, as necessary; (C) the establishment of a monthly remittance schedule to reimburse appropriations; and (D) the identification of overtime costs to be reimbursed by such fees. (3) Deposit of funds Amounts collected in fees under paragraph (1)— (A) shall be deposited as an offsetting collection; (B) shall remain available until expended, without fiscal year limitation; and (C) shall directly reimburse each appropriation account for the amount paid out of such account for— (i) any expenses incurred for providing U.S. Customs and Border Protection services to the person paying such fee; and (ii) any other costs incurred by the U.S. Customs and Border Protection relating to such services. (4) Termination (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. (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. (C) Interest Interest on unpaid fees will accrue from the date of termination based on current Treasury borrowing rates. (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. (5) Notification Not later than 3 days before entering into an agreement under this section, the Commissioner shall notify— (A) the relevant committees of Congress; and (B) the members of Congress who represent the State or district in which the facility at which services will be provided under the agreement. 4. Evaluation of alternative financing arrangements for construction and maintenance of infrastructure at land border ports of entry (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— (1) enter into cost-sharing or reimbursement agreements with any person; or (2) accept donations from any person of— (A) real or personal property (including monetary donations); or (B) nonpersonal services. (b) Allowable uses of agreements The Commissioner and the Administrator, with respect to an agreement authorized under subsection (a), may— (1) use such agreements for activities related to an existing or new port of entry, including expenses related to— (A) land acquisition, design, construction, repair, or alternation; (B) furniture, fixtures, or equipment; (C) the deployment of technology or equipment; or (D) operations and maintenance; or (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. (c) Evaluation procedures (1) In general (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). (B) Availability The procedures issued under subparagraph (A) shall be made available to the public through the Department of Homeland Security website. (2) Specification In making a donation under subsection (a)(2), a person may— (A) designate the land port of entry facility or facilities that the donation is intended to support; and (B) specify the period during which the contributed property or nonpersonal services shall be used. (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. (4) Return of donation (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. (B) Interest prohibited No interest may be owed on any donation returned to a person pursuant to subparagraph (A). (5) Determination and notification (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— (i) make a determination with respect to whether or not to approve the proposal; and (ii) notify the person that submitted the proposal of— (I) the determination; and (II) if the Administrator did not approve the proposal, the reasons for such determination. (B) Considerations In making the determination under subparagraph (A)(i), the Commissioner or the Administrator shall consider— (i) the impact of the proposal on reducing wait times at that port of entry and other ports of entry on the same border; (ii) the potential of the proposal to increase trade and travel efficiency through added capacity; and (iii) the potential of the proposal to enhance the security of the port of entry. (d) Annual report and notice to Congress The Commissioner, in collaboration with the Administrator, shall— (1) submit an annual report to the relevant committees of Congress on the agreements entered into under subsection (a); and (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.

1. Short title This Act may be cited as the Cross-Border Trade Enhancement Act of 2016 . 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. 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. 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 . . 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. 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). . 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.

July 12, 2016 Reported with an amendment

tv_txt: 114th CONGRESS 2d Session S. 461 IN THE SENATE OF THE UNITED STATES 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. Short title This Act may be cited as the Cross-Border Trade Enhancement Act of 2016 . 2. Public-private partnerships (a) In general Title IV of the Homeland Security Act of 2002 ( 6 U.S.C. 202 et seq. ) is amended by adding at the end the following: G U.S. Customs and Border Protection public private partnerships 481. Fee agreements for certain services at ports of entry (a) In general Notwithstanding section 13031(e) of the Consolidated Omnibus Budget Reconciliation Act of 1985 ( 19 U.S.C. 58c(e) ) and section 451 of the Tariff Act of 1930 ( 19 U.S.C. 1451 ), the Commissioner of U.S. Customs and Border Protection, upon the request of any entity, may enter into a fee agreement with such entity under which— (1) U.S. Customs and Border Protection shall provide services described in subsection (b) at a United States port of entry or any other facility at which U.S. Customs and Border Protection provides or will provide such services; (2) such entity shall remit to U.S. Customs and Border Protection a fee imposed under subsection (h) in an amount equal to the full costs that are incurred or will be incurred in providing such services; and (3) if space is provided by such entity, each facility at which U.S. Customs and Border Protection services are performed shall be maintained and equipped by such entity, without cost to the Federal Government, in accordance with U.S. Customs and Border Protection specifications. (b) Services described The services described in this subsection are any activities of any employee or Office of Field Operations contractor of U.S. Customs and Border Protection (except employees of the U.S. Border Patrol, as established under section 411(e)) pertaining to, or in support of, customs, agricultural processing, border security, or immigration inspection-related matters at a port of entry or any other facility at which U.S. Customs and Border Protection provides or will provide services. (c) Modification of prior agreements The Commissioner of U.S. Customs and Border Protection, at the request of an entity who has previously entered into an agreement with U.S. Customs and Border Protection for the reimbursement of fees in effect on the date of enactment of this section, may modify such agreement to implement any provisions of this section. (d) Limitations (1) Impacts of services The Commissioner of U.S. Customs and Border Protection— (A) may enter into fee agreements under this section only for services that— (i) will increase or enhance the operational capacity of U.S. Customs and Border Protection based on available staffing and workload; and (ii) will not shift the cost of services funded in any appropriations Act, or provided from any account in the Treasury of the United States derived by the collection of fees, to entities under this Act; and (B) may not enter into a fee agreement under this section if such agreement would unduly and permanently impact services funded in any appropriations Act, or provided from any account in the Treasury of the United States, derived by the collection of fees. (2) Number There shall be no limit to the number of fee agreements that the Commissioner of U.S. Customs and Border Protection may enter into under this section. (e) Air ports of entry (1) Fee agreement Except as otherwise provided in this subsection, a fee agreement for U.S. Customs and Border Protection services at an air port of entry may only provide for the payment of overtime costs of U.S. Customs and Border Protection officers and salaries and expenses of U.S. Customs and Border Protection employees to support U.S. Customs and Border Protection officers in performing law enforcement missions. (2) Small airports Notwithstanding paragraph (1), U.S. Customs and Border Protection may receive reimbursement in addition to overtime costs if the fee agreement is for services at an air port of entry that has fewer than 100,000 arriving international passengers annually. (3) Covered services In addition to costs described in paragraph (1), a fee agreement for U.S. Customs and Border Protection services at an air port of entry referred to in paragraph (2) may provide for the reimbursement of— (A) salaries and expenses of not more that 5 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 Protection officers in performing law enforcement functions; and (C) other costs incurred by U.S. Customs and Border Protection relating to services described in subparagraph (B), such as temporary placement or permanent relocation of employees, including incentive pay for relocation, as appropriate. (f) Port of entry size The Commissioner of U.S. Customs and Border Protection shall ensure that each fee agreement proposal is given equal consideration regardless of the size of the port of entry. (g) Denied application (1) In general If the Commissioner of U.S. Customs and Border Protection denies a proposal for a fee agreement under this section, the Commissioner shall provide the entity submitting such proposal with the reason for the denial unless— (A) the reason for the denial is law enforcement sensitive; or (B) withholding the reason for the denial is in the national security interests of the United States. (2) Judicial review Decisions of the Commissioner of U.S. Customs and Border Protection under paragraph (1) are in the discretion of the Commissioner and are not subject to judicial review. (h) Fee (1) In general The amount of the fee to be charged under an agreement authorized under subsection (a) shall be paid by each entity requesting U.S. Customs and Border Protection services, and shall be for the full cost of providing such services, including the salaries and expenses of employees and contractors of U.S. Customs and Border Protection, to provide such services and other costs incurred by U.S. Customs and Border Protection relating to such services, such as temporary placement or permanent relocation of such employees and contractors. (2) Timing The Commissioner of U.S. Customs and Border Protection may require that the fee referred to in paragraph (1) be paid by each entity that has entered into a fee agreement under subsection (a) with U.S. Customs and Border Protection in advance of the performance of U.S. Customs and Border Protection services. (3) Oversight of fees The Commissioner of U.S. Customs and Border Protection shall develop a process to oversee the services for which fees are charged pursuant to an agreement under subsection (a), including— (A) a determination and report on the full costs of providing such services, and a process for increasing such fees, as necessary; (B) the establishment of a periodic remittance schedule to replenish appropriations, accounts, or funds, as necessary; and (C) the identification of costs paid by such fees. (i) Deposit of funds (1) Account Funds collected pursuant to any agreement entered into pursuant to subsection (a)— (A) shall be deposited as offsetting collections; (B) shall remain available until expended without fiscal year limitation; and (C) shall be credited to the applicable appropriation, account, or fund for the amount paid out of such appropriation, account, or fund for any expenses incurred or to be incurred by U.S. Customs and Border Protection in providing U.S. Customs and Border Protection services under any such agreement and any other costs incurred or to be incurred by U.S. Customs and Border Protection relating to such services. (2) Return of unused funds The Commissioner of U.S. Customs and Border Protection shall return any unused funds collected and deposited into the account described in paragraph (1) if a fee agreement entered into pursuant to subsection (a) is terminated for any reason or the terms of such fee agreement change by mutual agreement to cause a reduction of U.S. Customs and Border Protections services. No interest shall be owed upon the return of any such unused funds. (j) Termination (1) In general The Commissioner of U.S. Customs and Border Protection shall terminate the services provided pursuant to a fee agreement entered into under subsection (a) with an entity that, after receiving notice from the Commissioner that a fee under subsection (h) is due, fails to pay such fee in a timely manner. If such services are terminated, all costs incurred by U.S. Customs and Border Protection that have not been paid shall become immediately due and payable. Interest on unpaid fees shall accrue based on the rate and amount established under sections 6621 and 6622 of the Internal Revenue Code of 1986. (2) Penalty Any entity that, after notice and demand for payment of any fee under subsection (h), fails to pay such fee in a timely manner shall be liable for a penalty or liquidated damage equal to two times the amount of such fee. Any such amount collected under this paragraph shall be deposited into the appropriate account specified under subsection (i) and shall be available as described in such subsection. (3) Termination by the entity Any entity who has previously entered into an agreement with U.S. Customs and Border Protection for the reimbursement of fees in effect on the date of enactment of this section, or under the provisions of this section, may request that such agreement be amended to provide for termination upon advance notice, length, and terms that are negotiated between such entity and U.S. Customs and Border Protection. (k) Annual report The Commissioner of U.S. Customs and Border Protection shall— (1) submit an annual report identifying the activities undertaken and the agreements entered into pursuant to this section to— (A) the Committee on Appropriations of the Senate ; (B) the Committee on Finance of the Senate ; (C) the Committee on Homeland Security and Governmental Affairs of the Senate ; (D) the Committee on the Judiciary of the Senate ; (E) the Committee on Appropriations of the House of Representatives ; (F) the Committee on Homeland Security of the House of Representatives ; (G) the Committee on the Judiciary of the House of Representatives ; and (H) the Committee on Ways and Means of the House of Representatives ; and (2) not later than 15 days before entering into a fee agreement, notify the members of Congress that represent the State or Congressional District in which the affected port of entry or facility is located of such agreement. (l) Rule of construction Nothing in this section may be construed as imposing on U.S. Customs and Border Protection any responsibilities, duties, or authorities relating to real property. 482. Port of entry donation authority (a) Personal property donation authority (1) In general The Commissioner of U.S. Customs and Border Protection, in consultation with the Administrator of General Services, may enter into an agreement with any entity to accept a donation of personal property, money, or nonpersonal services for the uses described in paragraph (3) only with respect to the following locations at which U.S. Customs and Border Protection performs or will be performing inspection services: (A) A new or existing sea or air port of entry. (B) An existing Federal Government-owned land port of entry. (C) A new Federal Government-owned land port of entry if— (i) the fair market value of the donation is $50,000,000 or less; and (ii) the fair market value, including any personal and real property donations in total, of such port of entry when completed, is $50,000,000 or less. (2) Limitation on monetary donations Any monetary donation accepted pursuant to this subsection may not be used to pay the salaries of U.S. Customs and Border Protection employees performing inspection services. (3) Uses Donations accepted pursuant to this subsection may be used for activities of the Office of Field Operations set forth in subparagraphs (A) through (F) of section 411(g)(3), which are related to a new or existing sea or air port of entry or a new or existing Federal Government-owned land port of entry described in paragraph (1), including expenses related to— (A) furniture, fixtures, equipment, or technology, including the installation or deployment of such items; and (B) the operation and maintenance of such furniture, fixtures, equipment, or technology. (b) Real property donation authority (1) In general Subject to paragraph (3), the Commissioner of U.S. Customs and Border Protection, and the Administrator of the General Services Administration, as applicable, may enter into an agreement with any entity to accept a donation of real property or money for uses described in paragraph (2) only with respect to the following locations at which U.S. Customs and Border Protection performs or will be performing inspection services: (A) A new or existing sea or air port of entry. (B) An existing Federal Government-owned land port of entry. (C) A new Federal Government-owned land port of entry if— (i) the fair market value of the donation is $50,000,000 or less; and (ii) the fair market value, including any personal and real property donations in total, of such port of entry when completed, is $50,000,000 or less. (2) Use Donations accepted pursuant to this subsection may be used for activities of the Office of Field Operations set forth in section 411(g), which are related to the construction, alteration, operation, or maintenance of a new or existing sea or air port of entry or a new or existing a Federal Government-owned land port of entry described in paragraph (1), including expenses related to— (A) land acquisition, design, construction, repair, or alteration; and (B) operation and maintenance of such port of entry facility. (3) Limitation on real property donations A donation of real property under this subsection at an existing land port of entry owned by the General Services Administration may only be accepted by the Administrator of General Services. (4) Sunset (A) In general The authority to enter into an agreement under this subsection shall terminate on the date that is four years after the date of the enactment of this section. (B) Rule of construction The termination date referred to in subparagraph (A) shall not apply to carrying out the terms of an agreement under this subsection if such agreement is entered into before such termination date. (c) General provisions (1) Duration An agreement entered into under subsection (a) or (b) (and, in the case of such subsection (b), in accordance with paragraph (4) of such subsection) may last as long as required to meet the terms of such agreement. (2) Criteria In carrying out an agreement entered into under subsection (a) or (b), the Commissioner of U.S. Customs and Border Protection, in consultation with the Administrator of General Services, shall establish criteria regarding— (A) the selection and evaluation of donors; (B) the identification of roles and responsibilities between U.S. Customs and Border Protection, the General Services Administration, and donors; (C) the identification, allocation, and management of explicit and implicit risks of partnering between the Federal Government and donors; (D) decision-making and dispute resolution processes; and (E) processes for U.S. Customs and Border Protection, and the General Services Administration, as applicable, to terminate agreements if selected donors are not meeting the terms of any such agreement, including the security standards established by U.S. Customs and Border Protection. (3) Evaluation procedures (A) In general The Commissioner of U.S. Customs and Border Protection, in consultation with the Administrator of General Services, as applicable, shall— (i) establish criteria for evaluating a proposal to enter into an agreement under subsection (a) or (b); and (ii) make such criteria publicly available. (B) Considerations Criteria established pursuant to subparagraph (A) shall consider— (i) the impact of a proposal referred to in such subparagraph on the land, sea, or air port of entry at issue and other ports of entry or similar facilities or other infrastructure near the location of the proposed donation; (ii) such proposal’s potential to increase trade and travel efficiency through added capacity; (iii) such proposal’s potential to enhance the security of the port of entry at issue; (iv) the impact of the proposal on reducing wait times at that port of entry or facility and other ports of entry on the same border; (v) for a donation under subsection (b)— (I) whether such donation satisfies the requirements of such proposal, or whether additional real property would be required; and (II) how such donation was acquired, including if eminent domain was used; (vi) the funding available to complete the intended use of such donation; (vii) the costs of maintaining and operating such donation; (viii) the impact of such proposal on U.S. Customs and Border Protection staffing requirements; and (ix) other factors that the Commissioner or Administrator determines to be relevant. (C) Determination and notification (i) Incomplete proposals (I) In general Not later than 60 days after receiving the proposals for a donation agreement from an entity, the Commissioner of U.S. Customs and Border Protection shall notify such entity as to whether such proposal is complete or incomplete. (II) Resubmission If the Commissioner of U.S. Customs and Border Protection determines that a proposal is incomplete, the Commissioner shall— (aa) notify the appropriate entity and provide such entity with a description of all information or material that is needed to complete review of the proposal; and (bb) allow the entity to resubmit the proposal with additional information and material described in item (aa) to complete the proposal. (ii) Complete proposals Not later than 180 days after receiving a completed proposal to enter into an agreement under subsection (a) or (b), the Commissioner of U.S. Customs and Border Protection, with the concurrence of the Administrator of General Services, as applicable, shall— (I) determine whether to approve or deny such proposal; and (II) notify the entity that submitted such proposal of such determination. (4) Supplemental funding Except as required under section 3307 of title 40, United States Code, real property donations to the Administrator of General Services made pursuant to subsection (a) and (b) at a GSA-owned land port of entry may be used in addition to any other funding for such purpose, including appropriated funds, property, or services. (5) Return of donations The Commissioner of U.S. Customs and Border Protection, or the Administrator of General Services, as applicable, may return any donation made pursuant to subsection (a) or (b). No interest shall be owed to the donor with respect to any donation provided under such subsections that is returned pursuant to this subsection. (6) Prohibition on certain funding (A) In general Except as provided in subsections (a) and (b) regarding the acceptance of donations, the Commissioner of U.S. Customs and Border Protection and the Administrator of General Services, as applicable, may not, with respect to an agreement entered into under either of such subsections, obligate or expend amounts in excess of amounts that have been appropriated pursuant to any appropriations Act for purposes specified in either of such subsections or otherwise made available for any of such purposes. (B) Certification requirement Before accepting any donations pursuant to an agreement under subsection (a) or (b), the Commissioner of U.S. Customs and Border Protection shall certify to the congressional committees set forth in paragraph (7) that the donation will not be used for the construction of a detention facility or a border fence or wall. (7) Annual reports The Commissioner of U.S. Customs and Border Protection, in collaboration with the Administrator of General Services, as applicable, shall submit an annual report identifying the activities undertaken and agreements entered into pursuant to subsections (a) and (b) to— (A) the Committee on Appropriations of the Senate ; (B) the Committee on Environment and Public Works of the Senate ; (C) the Committee on Finance of the Senate ; (D) the Committee on Homeland Security and Governmental Affairs of the Senate ; (E) the Committee on the Judiciary of the Senate ; (F) the Committee on Appropriations of the House of Representatives ; (G) the Committee on Homeland Security of the House of Representatives ; (H) the Committee on the Judiciary of the House of Representatives ; (I) the Committee on Transportation and Infrastructure of the House of Representatives ; and (J) the Committee on Ways and Means of the House of Representatives . (d) GAO report The Comptroller General of the United States shall submit an annual report to the congressional committees referred to in subsection (c)(7) that evaluates— (1) fee agreements entered into pursuant to section 481; (2) donation agreements entered into pursuant to subsections (a) and (b); and (3) the fees and donations received by U.S. Customs and Border Protection pursuant to such agreements. (e) Judicial review Decisions of the Commissioner of U.S. Customs and Border Protection and the Administrator of the General Services Administration under this section regarding the acceptance of real or personal property are in the discretion of the Commissioner and the Administrator and are not subject to judicial review. (f) Rule of construction Except as otherwise provided in this section, nothing in this section may be construed as affecting in any manner the responsibilities, duties, or authorities of U.S. Customs and Border Protection or the General Services Administration. 483. Current and proposed agreements Nothing in this subtitle or in section 4 of the Cross-Border Trade Enhancement Act of 2016 may be construed as affecting— (1) any agreement entered into pursuant to section 560 of division D of the Consolidated and Further Continuing Appropriations Act, 2013 ( Public Law 113–6 ) or section 559 of title V of division F of the Consolidated Appropriations Act, 2014 ( 6 U.S.C. 211 note; Public Law 113–76 ), as in existence on the day before the date of the enactment of this subtitle, and any such agreement shall continue to have full force and effect on and after such date; or (2) a proposal accepted for consideration by U.S. Customs and Border Protection pursuant to such section 559, as in existence on the day before such date of enactment. 484. Definitions In this subtitle: (1) Donor The term donor means any entity that is proposing to make a donation under this Act. (2) Entity The term entity means any— (A) person; (B) partnership, corporation, trust, estate, cooperative, association, or any other organized group of persons; (C) Federal, State or local government (including any subdivision, agency or instrumentality thereof); or (D) any other private or governmental entity. . (b) Clerical amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by adding at the end of the list of items relating to title IV the following: 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. . 3. Modification of existing reports to Congress Section 907(b) of the Trade Facilitation and Trade Enforcement Act of 2015 ( Public Law 114–125 ) is amended— (1) in paragraph (3), by striking or at the end; (2) in paragraph (4), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (5) the program for entering into reimbursable fee agreements with U.S. Customs and Border Protection established under section 481 of the Homeland Security Act of 2002. . 4. Repeals (a) Contract authority Section 560 of division D of the Consolidated and Further Continuing Appropriations Act, 2013 ( Public Law 113–6 ) is repealed. (b) Partnership pilot program Section 559 of division F of the Consolidated Appropriations Act, 2014 ( 6 U.S.C. 211 note; Public Law 113–76 ) is repealed. 5. Waiver of polygraph examination requirement for certain law enforcement applicants Section 3 of the Anti-Border Corruption Act of 2010 ( Public Law 111–376 ; 6 U.S.C. 221 ) is amended— (1) in the matter preceding paragraph (1), by striking The Secretary and inserting the following: (a) In general The Secretary ; (2) in subsection (a)(1), as redesignated, by inserting (except as provided in subsection (b)) after Border Protection ; and (3) by adding at the end the following: (b) Waiver The Commissioner of U.S. Customs and Border Protection may waive the polygraph examination requirement under subsection (a)(1) for any applicant who— (1) is deemed suitable for employment; (2) holds a current, active Top Secret/Sensitive Compartmented Information Clearance; (3) has a current Single Scope Background Investigation; (4) was not granted any waivers to obtain his or her clearance; and (5) is a veteran (as defined in section 2108 of title 5, United States Code). .

Passed the Senate November 29, 2016. Secretary