Cross-Border Trade Enhancement Act of 2016
PL 114-279 (H.R.875), enacted 12/16/2016

130 STAT. 1413 
PUBLIC LAW 114–279—DEC. 16, 2016 
Public Law 114–279 
114th Congress 
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. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Cross-Border Trade Enhancement 
Act of 2016’’. 
SEC. 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: 
‘‘Subtitle G—U.S. Customs and Border 
Protection Public Private Partnerships 
‘‘SEC. 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 serv-
ices 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 per-
formed shall be maintained and equipped by such entity, with-
out cost to the Federal Government, in accordance with U.S. 
Customs and Border Protection specifications. 
‘‘(b) SERVICES DESCRIBED.—The services described in this sub-
section are any activities of any employee or Office of Field Oper-
ations contractor of U.S. Customs and Border Protection (except 
employees of the U.S. Border Patrol, as established under section 
6 USC 301. 
Cross-Border 
Trade 
Enhancement 
Act of 2016. 
6 USC 101 note. 
Dec. 16, 2016 
[H.R. 875] 
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130 STAT. 1414 
PUBLIC LAW 114–279—DEC. 16, 2016 
411(e)) pertaining to, or in support of, customs, agricultural proc-
essing, 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. Cus-
toms 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 pro-
vided 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 services described in 
subsection (b). 
‘‘(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 para-
graph (2) may provide for the reimbursement of— 
‘‘(A) salaries and expenses of not more than five full- 
time equivalent U.S. Customs and Border Protection Offi-
cers 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. Cus-
toms and Border Protection, other than the officers referred 
to in subparagraph (A), to support U.S. Customs and 
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130 STAT. 1415 
PUBLIC LAW 114–279—DEC. 16, 2016 
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 sen-
sitive; 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 Protec-
tion 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 con-
tractors. 
‘‘(2) TIMING.—The Commissioner of U.S. Customs and 
Border Protection may require that the fee referred to in para-
graph (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. Cus-
toms and Border Protection shall develop a process to oversee 
the services for which fees are charged pursuant to an agree-
ment 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; 
Determination. 
Reports. 
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130 STAT. 1416 
PUBLIC LAW 114–279—DEC. 16, 2016 
‘‘(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 appropria-
tion, 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 pursu-
ant 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. Cus-
toms 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 Govern-
mental Affairs of the Senate; 
‘‘(D) the Committee on the Judiciary of the Senate; 
‘‘(E) the Committee on Appropriations of the House 
of Representatives; 
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130 STAT. 1417 
PUBLIC LAW 114–279—DEC. 16, 2016 
‘‘(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 agree-
ment, 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. 
‘‘SEC. 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 nonper-
sonal 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 Commis-
sioner of U.S. Customs and Border Protection, and the Adminis-
trator 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 para-
graph (2) only with respect to the following locations at which 
Consultation. 
6 USC 301a. 
Notification. 
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130 STAT. 1418 
PUBLIC LAW 114–279—DEC. 16, 2016 
U.S. Customs and Border Protection performs or will be per-
forming 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 dona-
tion 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 agree-
ment 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 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 sub-
section (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 Fed-
eral 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, 
Consultation. 
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130 STAT. 1419 
PUBLIC LAW 114–279—DEC. 16, 2016 
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 Protec-
tion. 
‘‘(3) EVALUATION PROCEDURES.— 
‘‘(A) IN GENERAL.—The Commissioner of U.S. Customs 
and Border Protection, in consultation with the Adminis-
trator 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 pro-
posed donation; 
‘‘(ii) such proposal’s potential to increase trade and 
travel efficiency through added capacity; 
‘‘(iii) such proposal’s potential to enhance the secu-
rity 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 addi-
tional 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 incom-
plete. 
‘‘(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 pro-
vide such entity with a description of all 
information or material that is needed to com-
plete review of the proposal; and 
Deadline. 
Public 
information. 
Consultation. 
Criteria. 
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130 STAT. 1420 
PUBLIC LAW 114–279—DEC. 16, 2016 
‘‘(bb) allow the entity to resubmit the pro-
posal 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 Commis-
sioner of U.S. Customs and Border Protection, with 
the concurrence of the Administrator of General Serv-
ices, as applicable, shall— 
‘‘(I) determine whether to approve or deny 
such proposal; and 
‘‘(II) notify the entity that submitted such pro-
posal 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 pursu-
ant 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 pursu-
ant to subsection (a) or (b). No interest shall be owed to the 
donor with respect to any donation provided under such sub-
sections 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 Govern-
mental Affairs of the Senate; 
‘‘(E) the Committee on the Judiciary of the Senate; 
‘‘(F) the Committee on Appropriations of the House 
of Representatives; 
Deadline. 
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130 STAT. 1421 
PUBLIC LAW 114–279—DEC. 16, 2016 
‘‘(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 Infrastruc-
ture 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 commit-
tees referred to in subsection (c)(7) that evaluates— 
‘‘(1) fee agreements entered into pursuant to section 481; 
‘‘(2) donation agreements entered into pursuant to sub-
sections (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 Gen-
eral 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 Administra-
tion. 
‘‘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 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 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 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: 
6 USC 301c. 
6 USC 301b. 
Evaluation. 
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130 STAT. 1422 
PUBLIC LAW 114–279—DEC. 16, 2016 
‘‘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 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 agree-
ments with U.S. Customs and Border Protection established 
under section 481 of the Homeland Security Act of 2002.’’. 
SEC. 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. 
SEC. 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 Protec-
tion’’; 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 Compart-
mented Information Clearance; 
‘‘(3) has a current Single Scope Background Investigation; 
‘‘(4) was not granted any waivers to obtain his or her 
clearance; and 
127 Stat. 378. 
19 USC 4451. 
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130 STAT. 1423 
PUBLIC LAW 114–279—DEC. 16, 2016 
LEGISLATIVE HISTORY—H.R. 875 (S. 461): 
SENATE REPORTS: No. 114–303 (Comm. on Homeland Security and Governmental 
Affairs) accompanying S. 461. 
CONGRESSIONAL RECORD, Vol. 162 (2016): 
Dec. 6, considered and passed House. 
Dec. 9, considered and passed Senate. 
‘‘(5) is a veteran (as defined in section 2108 of title 5, 
United States Code).’’. 
Approved December 16, 2016. 
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