Text: H.R.875 — 114th Congress (2015-2016)All Information (Except Text)

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Public Law No: 114-279 (12/16/2016)

 
[114th Congress Public Law 279]
[From the U.S. Government Publishing Office]



[[Page 130 STAT. 1413]]

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. <<NOTE: Dec. 16, 
                          2016 -  [H.R. 875]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Cross-Border 
Trade Enhancement Act of 2016. 6 USC 101 note.>> 
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. <<NOTE: 6 USC 301.>>  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

[[Page 130 STAT. 1414]]

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 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 
        paragraph (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 
                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

[[Page 130 STAT. 1415]]

                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) <<NOTE: Determination. Reports.>>  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;

[[Page 130 STAT. 1416]]

                    ``(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;

[[Page 130 STAT. 1417]]

                    ``(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) <<NOTE: Notification.>>  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.
``SEC. 482. <<NOTE: 6 USC 301a.>>  PORT OF ENTRY DONATION 
                        AUTHORITY.

    ``(a) Personal Property Donation Authority.--
            ``(1) <<NOTE: Consultation.>>  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

[[Page 130 STAT. 1418]]

        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 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 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) <<NOTE: Consultation.>>  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,

[[Page 130 STAT. 1419]]

                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) <<NOTE: Consultation. Criteria.>>  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) <<NOTE: Public information.>>  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) <<NOTE: Deadline.>>  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

[[Page 130 STAT. 1420]]

                                            ``(bb) allow the entity to 
                                        resubmit the proposal with 
                                        additional information and 
                                        material described in item (aa) 
                                        to complete the proposal.
                          ``(ii) <<NOTE: Deadline.>>  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;

[[Page 130 STAT. 1421]]

                    ``(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) <<NOTE: Evaluation.>>  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.
``SEC. 483. <<NOTE: 6 USC 301b.>>  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.
``SEC. 484. <<NOTE: 6 USC 301c.>>  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:

[[Page 130 STAT. 1422]]

    ``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) <<NOTE: 19 USC 4451.>>  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.''.
SEC. 4. REPEALS.

    (a) Contract Authority.--Section 560 of division D of the 
Consolidated and Further Continuing Appropriations Act, 2013 (Public Law 
113-6) <<NOTE: 127 Stat. 378.>>  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 
        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

[[Page 130 STAT. 1423]]

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

    Approved December 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.

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