#aadth ,,congress  #b;d ,session  ,s4   
#dfa  ,,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  
entry1 and for other purposes4  #a4     
,short title ,this ,act may be cited as 
the ,cross-,border ,trade ,enhancement  
,act of #bjaf4  #b4 ,public-private     
partnerships  7a7 ,in general ,title    
,,iv of the ,homeland ,security ,act of 
#bjjb 7#f ,u4,s4,c4 #bjb et seq47 is    
amended by adding at the end the        
following3  ,g ,u4,s4 ,customs and      
,border ,protection public private      
partnerships  #dha4 ,fee agreements for 
certain services at ports of entry  7a7 
,in general ,notwithstanding section    
#acjca7;e7 of the ,consolidated ,omnibus
 ,budget ,reconciliation ,act of #aihe  
7#ai ,u4,s4,c4 #eh;c7e77 and section    
#dea of the ,tariff ,act of #aicj 7#ai  
,u4,s4,c4 #adea71 the ,commissioner of  
,u4,s4 ,customs and ,border ,protection1

 upon the request of any entity1 may    
enter into a fee agreement with such    
entity under which-- 7#a7 ,u4,s4        
,customs and ,border ,protection shall  
provide services described in subsection
 7b7 at a ,united ,states port of entry 
or any other facility at which ,u4,s4   
,customs and ,border ,protection        
provides or will provide such services2 
7#b7 such entity shall remit to ,u4,s4  
,customs and ,border ,protection a fee  
imposed under subsection 7h7 in an      
amount equal to the full costs that are 
incurred or will be incurred in         
providing such services2 and  7#c7 if   
space is provided by such entity1 each  
facility at which ,u4,s4 ,customs and   
,border ,protection services are        
performed shall be maintained and       
equipped by such entity1 without cost to
 the ,federal ,government1 in accordance
 with ,u4,s4 ,customs and ,border       
,protection specifications4  7b7        
,services described ,the services       
described in this subsection are any    

activities of any employee or ,office of
 ,field ,operations contractor of ,u4,s4
 ,customs and ,border ,protection       
7except employees of the ,u4,s4 ,border 
,patrol1 as established under section   
#daa7;e77 pertaining to1 or in support  
of1 customs1 agricultural processing1   
border security1 or immigration         
inspection-related matters at a port of 
entry or any other facility at which    
,u4,s4 ,customs and ,border ,protection 
provides or will provide services4  7c7 
,modification of prior agreements ,the  
,commissioner of ,u4,s4 ,customs and    
,border ,protection1 at the request of  
an entity who has previously entered    
into an agreement with ,u4,s4 ,customs  
and ,border ,protection for the         
reimbursement of fees in effect on the  
date of enactment of this section1 may  
modify such agreement to implement any  
provisions of this section4  7d7        
,limitations  7#a7 ,impacts of services 
,the ,commissioner of ,u4,s4 ,customs   
and ,border ,protection-- 7,a7 may enter

 into fee agreements under this section 
only for services that-- 7i7 will       
increase or enhance the operational     
capacity of ,u4,s4 ,customs and ,border 
,protection based on available staffing 
and workload2 and  7ii7 will not shift  
the cost of services funded in any      
appropriations ,act1 or provided from   
any account in the ,treasury of the     
,united ,states derived by the          
collection of fees1 to entities under   
this ,act2 and  7,b7 may not enter into 
a fee agreement under this section if   
such agreement would unduly and         
permanently impact services funded in   
any appropriations ,act1 or provided    
from any account in the ,treasury of the
 ,united ,states1 derived by the        
collection of fees4  7#b7 ,number ,there
 shall be no limit to the number of fee 
agreements that the ,commissioner of    
,u4,s4 ,customs and ,border ,protection 
may enter into under this section4  7e7 
,air ports of entry  7#a7 ,fee agreement
 ,except as otherwise provided in this  

subsection1 a fee agreement for ,u4,s4  
,customs and ,border ,protection        
services at an air port of entry may    
only provide for the payment of overtime
 costs of ,u4,s4 ,customs and ,border   
,protection officers and salaries and   
expenses of ,u4,s4 ,customs and ,border 
,protection employees to support ,u4,s4 
,customs and ,border ,protection        
officers in performing law enforcement  
missions4  7#b7 ,small airports         
,notwithstanding paragraph 7#a71 ,u4,s4 
,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 #ajj1jjj arriving   
international passengers annually4  7#c7
 ,covered services ,in addition to costs
 described in paragraph 7#a71 a fee     
agreement for ,u4,s4 ,customs and       
,border ,protection services at an air  
port of entry referred to in paragraph  
7#b7 may provide for the reimbursement  
of-- 7,a7 salaries and expenses of not  

more that #e full-time equivalent ,u4,s4
 ,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 signed2  7,b7 salaries and expenses 
of employees of ,u4,s4 ,customs and     
,border ,protection1 other than the     
officers referred to in subparagraph    
7,a71 to support ,u4,s4 ,customs and    
,border ,protection officers in         
performing law enforcement functions2   
and  7,c7 other costs incurred by ,u4,s4
 ,customs and ,border ,protection       
relating to services described in       
subparagraph 7,b71 such as temporary    
placement or permanent relocation of    
employees1 including incentive pay for  
relocation1 as appropriate4  7f7 ,port  
of entry size ,the ,commissioner of     
,u4,s4 ,customs and ,border ,protection 
shall ensure that each fee agreement    
proposal is given equal consideration   
regardless of the size of the port of   
entry4  7g7 ,denied application  7#a7   

,in general ,if the ,commissioner of    
,u4,s4 ,customs and ,border ,protection 
denies a proposal for a fee agreement   
under this section1 the ,commissioner   
shall provide the entity submitting such
 proposal with the reason for the denial
 unless-- 7,a7 the reason for the denial
 is law enforcement sensitive2 or  7,b7 
withholding the reason for the denial is
 in the national security interests of  
the ,united ,states4  7#b7 ,judicial    
review ,decisions of the ,commissioner  
of ,u4,s4 ,customs and ,border          
,protection under paragraph 7#a7 are in 
the discretion of the ,commissioner and 
are not subject to judicial review4  7h7
 ,fee  7#a7 ,in general ,the amount of  
the fee to be charged under an agreement
 authorized under subsection 7a7 shall  
be paid by each entity requesting ,u4,s4
 ,customs and ,border ,protection       
services1 and shall be for the full cost
 of providing such services1 including  
the salaries and expenses of employees  
and contractors of ,u4,s4 ,customs and  

,border ,protection1 to provide such    
services and other costs incurred by    
,u4,s4 ,customs and ,border ,protection 
relating to such services1 such as      
temporary placement or permanent        
relocation of such employees and        
contractors4  7#b7 ,timing ,the         
,commissioner of ,u4,s4 ,customs and    
,border ,protection may require that the
 fee referred to in paragraph 7#a7 be   
paid by each entity that has entered    
into a fee agreement under subsection   
7a7 with ,u4,s4 ,customs and ,border    
,protection in advance of the           
performance of ,u4,s4 ,customs and      
,border ,protection services4  7#c7     
,oversight of fees ,the ,commissioner of
 ,u4,s4 ,customs and ,border ,protection
 shall develop a process to oversee the 
services for which fees are charged     
pursuant to an agreement under          
subsection 7a71 including-- 7,a7 a      
determination and report on the full    
costs of providing such services1 and a 
process for increasing such fees1 as    

necessary2  7,b7 the establishment of a 
periodic remittance schedule to         
replenish appropriations1 accounts1 or  
funds1 as necessary2 and  7,c7 the      
identification of costs paid by such    
fees4  7i7 ,deposit of funds  7#a7      
,account ,funds collected pursuant to   
any agreement entered into pursuant to  
subsection 7a7-- 7,a7 shall be deposited
 as offsetting collections2  7,b7 shall 
remain available until expended without 
fiscal year limitation2 and  7,c7 shall 
be credited to the applicable           
appropriation1 account1 or fund for the 
amount paid out of such appropriation1  
account1 or fund for any expenses       
incurred or to be incurred by ,u4,s4    
,customs and ,border ,protection in     
providing ,u4,s4 ,customs and ,border   
,protection services under any such     
agreement and any other costs incurred  
or to be incurred by ,u4,s4 ,customs and
 ,border ,protection relating to such   
services4  7#b7 ,return of unused funds 
,the ,commissioner of ,u4,s4 ,customs   

and ,border ,protection shall return any
 unused funds collected and deposited   
into the account described in paragraph 
7#a7 if a fee agreement entered into    
pursuant to subsection 7a7 is terminated
 for any reason or the terms of such fee
 agreement change by mutual agreement to
 cause a reduction of ,u4,s4 ,customs   
and ,border ,protections services4 ,no  
interest shall be owed upon the return  
of any such unused funds4  7j7          
,termination  7#a7 ,in general ,the     
,commissioner of ,u4,s4 ,customs and    
,border ,protection shall terminate the 
services provided pursuant to a fee     
agreement entered into under subsection 
7a7 with an entity that1 after receiving
 notice from the ,commissioner that a   
fee under subsection 7h7 is due1 fails  
to pay such fee in a timely manner4 ,if 
such services are terminated1 all costs 
incurred by ,u4,s4 ,customs and ,border 
,protection that have not been paid     
shall become immediately due and        
payable4 ,interest on unpaid fees shall 

accrue based on the rate and amount     
established under sections #ffba and    
#ffbb of the ,internal ,revenue ,code of
 #aihf4  7#b7 ,penalty ,any entity that1
 after notice and demand for payment of 
any fee under subsection 7h71 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 fee4 ,any such amount collected    
under this paragraph shall be deposited 
into the appropriate account specified  
under subsection 7i7 and shall be       
available as described in such          
subsection4  7#c7 ,termination by the   
entity ,any entity who has previously   
entered into an agreement with ,u4,s4   
,customs and ,border ,protection for the
 reimbursement of fees in effect on the 
date of enactment of this section1 or   
under the provisions of this section1   
may request that such agreement be      
amended to provide for termination upon 
advance notice1 length1 and terms that  
are negotiated between such entity and  

,u4,s4 ,customs and ,border ,protection4
  7k7 ,annual report ,the ,commissioner 
of ,u4,s4 ,customs and ,border          
,protection shall-- 7#a7 submit an      
annual report identifying the activities
 undertaken and the agreements entered  
into pursuant to this section to-- 7,a7 
the ,committee on ,appropriations of the
 ,senate2  7,b7 the ,committee on       
,finance of the ,senate2  7,c7 the      
,committee on ,homeland ,security and   
,governmental ,affairs of the ,senate2  
7,d7 the ,committee on the ,judiciary of
 the ,senate2  7,e7 the ,committee on   
,appropriations of the ,house of        
,representatives2  7,f7 the ,committee  
on ,homeland ,security of the ,house of 
,representatives2  7,g7 the ,committee  
on the ,judiciary of the ,house of      
,representatives2 and  7,h7 the         
,committee on ,ways and ,means of the   
,house of ,representatives2 and  7#b7   
not later than #ae days before entering 
into a fee agreement1 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 agreement4  7l7 ,rule of
 construction ,nothing in this section  
may be construed as imposing on ,u4,s4  
,customs and ,border ,protection any    
responsibilities1 duties1 or authorities
 relating to real property4  #dhb4 ,port
 of entry donation authority  7a7       
,personal property donation authority   
7#a7 ,in general ,the ,commissioner of  
,u4,s4 ,customs and ,border ,protection1
 in consultation with the ,administrator
 of ,general ,services1 may enter into  
an agreement with any entity to accept a
 donation of personal property1 money1  
or nonpersonal services for the uses    
described in paragraph 7#c7 only with   
respect to the following locations at   
which ,u4,s4 ,customs and ,border       
,protection performs or will be         
performing inspection services3 7,a7 ,a 
new or existing sea or air port of      
entry4  7,b7 ,an existing ,federal      
,government-owned land port of entry4   

7,c7 ,a new ,federal ,government-owned  
land port of entry if-- 7i7 the fair    
market value of the donation is         
#ej1jjj1jjj or less2 and  7ii7 the fair 
market value1 including any personal and
 real property donations in total1 of   
such port of entry when completed1 is   
#ej1jjj1jjj or less4  7#b7 ,limitation  
on monetary donations ,any monetary     
donation accepted pursuant to this      
subsection may not be used to pay the   
salaries of ,u4,s4 ,customs and ,border 
,protection employees performing        
inspection services4  7#c7 ,uses        
,donations accepted pursuant to this    
subsection may be used for activities of
 the ,office of ,field ,operations set  
forth in subparagraphs 7,a7 through 7,f7
 of section #daa7;g77#c71 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 7#a71      
including expenses related to-- 7,a7    
furniture1 fixtures1 equipment1 or      

technology1 including the installation  
or deployment of such items2 and  7,b7  
the operation and maintenance of such   
furniture1 fixtures1 equipment1 or      
technology4  7b7 ,real property donation
 authority  7#a7 ,in general ,subject to
 paragraph 7#c71 the ,commissioner of   
,u4,s4 ,customs and ,border ,protection1
 and the ,administrator of the ,general 
,services ,administration1 as           
applicable1 may enter into an agreement 
with any entity to accept a donation of 
real property or money for uses         
described in paragraph 7#b7 only with   
respect to the following locations at   
which ,u4,s4 ,customs and ,border       
,protection performs or will be         
performing inspection services3 7,a7 ,a 
new or existing sea or air port of      
entry4  7,b7 ,an existing ,federal      
,government-owned land port of entry4   
7,c7 ,a new ,federal ,government-owned  
land port of entry if-- 7i7 the fair    
market value of the donation is         
#ej1jjj1jjj or less2 and  7ii7 the fair 

market value1 including any personal and
 real property donations in total1 of   
such port of entry when completed1 is   
#ej1jjj1jjj or less4  7#b7 ,use         
,donations accepted pursuant to this    
subsection may be used for activities of
 the ,office of ,field ,operations set  
forth in section #daa7;g71 which are    
related to the construction1 alteration1
 operation1 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 7#a71 including  
expenses related to-- 7,a7 land         
acquisition1 design1 construction1      
repair1 or alteration2 and  7,b7        
operation and maintenance of such port  
of entry facility4  7#c7 ,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 ,services4   

7#d7 ,sunset  7,a7 ,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 section4  
7,b7 ,rule of construction ,the         
termination date referred to in         
subparagraph 7,a7 shall not apply to    
carrying out the terms of an agreement  
under this subsection if such agreement 
is entered into before such termination 
date4  7c7 ,general provisions  7#a7    
,duration ,an agreement entered into    
under subsection 7a7 or 7b7 7and1 in the
 case of such subsection 7b71 in        
accordance with paragraph 7#d7 of such  
subsection7 may last as long as required
 to meet the terms of such agreement4   
7#b7 ,criteria ,in carrying out an      
agreement entered into under subsection 
7a7 or 7b71 the ,commissioner of ,u4,s4 
,customs and ,border ,protection1 in    
consultation with the ,administrator of 
,general ,services1 shall establish     
criteria regarding-- 7,a7 the selection 

and evaluation of donors2  7,b7 the     
identification of roles and             
responsibilities between ,u4,s4 ,customs
 and ,border ,protection1 the ,general  
,services ,administration1 and donors2  
7,c7 the identification1 allocation1 and
 management of explicit and implicit    
risks of partnering between the ,federal
 ,government and donors2  7,d7          
decision-making and dispute resolution  
processes2 and  7,e7 processes for      
,u4,s4 ,customs and ,border ,protection1
 and the ,general ,services             
,administration1 as applicable1 to      
terminate agreements if selected donors 
are not meeting the terms of any such   
agreement1 including the security       
standards established by ,u4,s4 ,customs
 and ,border ,protection4  7#c7         
,evaluation procedures  7,a7 ,in general
 ,the ,commissioner of ,u4,s4 ,customs  
and ,border ,protection1 in consultation
 with the ,administrator of ,general    
,services1 as applicable1 shall-- 7i7   
establish criteria for evaluating a     

proposal to enter into an agreement     
under subsection 7a7 or 7b72 and  7ii7  
make such criteria publicly available4  
7,b7 ,considerations ,criteria          
established pursuant to subparagraph    
7,a7 shall consider-- 7i7 the impact of 
a proposal referred to in such          
subparagraph on the land1 sea1 or air   
port of entry at issue and other ports  
of entry or similar facilities or other 
infrastructure near the location of the 
proposed donation2  7ii7 such proposal's
 potential to increase trade and travel 
efficiency through added capacity2      
7iii7 such proposal's potential to      
enhance the security of the port of     
entry at issue2  7iv7 the impact of the 
proposal on reducing wait times at that 
port of entry or facility and other     
ports of entry on the same border2  7v7 
for a donation under subsection 7b7--   
7,i7 whether such donation satisfies the
 requirements of such proposal1 or      
whether additional real property would  
be required2 and  7,,ii7 how such       

donation was acquired1 including if     
eminent domain was used2  7vi7 the      
funding available to complete the       
intended use of such donation2  7vii7   
the costs of maintaining and operating  
such donation2  7viii7 the impact of    
such proposal on ,u4,s4 ,customs and    
,border ,protection staffing            
requirements2 and  7ix7 other factors   
that the ,commissioner or ,administrator
 determines to be relevant4  7,c7       
,determination and notification  7i7    
,incomplete proposals  7,i7 ,in general 
,not later than #fj days after receiving
 the proposals for a donation agreement 
from an entity1 the ,commissioner of    
,u4,s4 ,customs and ,border ,protection 
shall notify such entity as to whether  
such proposal is complete or incomplete4
  7,,ii7 ,resubmission ,if the          
,commissioner of ,u4,s4 ,customs and    
,border ,protection determines that a   
proposal is incomplete1 the             
,commissioner shall-- 7aa7 notify the   
appropriate entity and provide such     

entity with a description of all        
information or material that is needed  
to complete review of the proposal2 and 
7bb7 allow the entity to resubmit the   
proposal with additional information and
 material described in item 7aa7 to     
complete the proposal4  7ii7 ,complete  
proposals ,not later than #ahj days     
after receiving a completed proposal to 
enter into an agreement under subsection
 7a7 or 7b71 the ,commissioner of ,u4,s4
 ,customs and ,border ,protection1 with 
the concurrence of the ,administrator of
 ,general ,services1 as applicable1     
shall-- 7,i7 determine whether to       
approve or deny such proposal2 and      
7,,ii7 notify the entity that submitted 
such proposal of such determination4    
7#d7 ,supplemental funding ,except as   
required under section #ccjg of title   
#dj1 ,united ,states ,code1 real        
property donations to the ,administrator
 of ,general ,services made pursuant to 
subsection 7a7 and 7b7 at a ,,gsa-owned 
land port of entry may be used in       

addition to any other funding for such  
purpose1 including appropriated funds1  
property1 or services4  7#e7 ,return of 
donations ,the ,commissioner of ,u4,s4  
,customs and ,border ,protection1 or the
 ,administrator of ,general ,services1  
as applicable1 may return any donation  
made pursuant to subsection 7a7 or 7b74 
,no interest shall be owed to the donor 
with respect to any donation provided   
under such subsections that is returned 
pursuant to this subsection4  7#f7      
,prohibition on certain funding  7,a7   
,in general ,except as provided in      
subsections 7a7 and 7b7 regarding the   
acceptance of donations1 the            
,commissioner of ,u4,s4 ,customs and    
,border ,protection and the             
,administrator of ,general ,services1 as
 applicable1 may not1 with respect to an
 agreement entered into under either of 
such subsections1 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 purposes4  7,b7 ,certification     
requirement ,before accepting any       
donations pursuant to an agreement under
 subsection 7a7 or 7b71 the             
,commissioner of ,u4,s4 ,customs and    
,border ,protection shall certify to the
 congressional committees set forth in  
paragraph 7#g7 that the donation will   
not be used for the construction of a   
detention facility or a border fence or 
wall4  7#g7 ,annual reports ,the        
,commissioner of ,u4,s4 ,customs and    
,border ,protection1 in collaboration   
with the ,administrator of ,general     
,services1 as applicable1 shall submit  
an annual report identifying the        
activities undertaken and agreements    
entered into pursuant to subsections 7a7
 and 7b7 to-- 7,a7 the ,committee on    
,appropriations of the ,senate2  7,b7   
the ,committee on ,environment and      
,public ,works of the ,senate2  7,c7 the
 ,committee on ,finance of the ,senate2 

7,d7 the ,committee on ,homeland        
,security and ,governmental ,affairs of 
the ,senate2  7,e7 the ,committee on the
 ,judiciary of the ,senate2  7,f7 the   
,committee on ,appropriations of the    
,house of ,representatives2  7,g7 the   
,committee on ,homeland ,security of the
 ,house of ,representatives2  7,h7 the  
,committee on the ,judiciary of the     
,house of ,representatives2  7,i7 the   
,committee on ,transportation and       
,infrastructure of the ,house of        
,representatives2 and  7,j7 the         
,committee on ,ways and ,means of the   
,house of ,representatives4  7d7 ,,gao  
report ,the ,comptroller ,general of the
 ,united ,states shall submit an annual 
report to the congressional committees  
referred to in subsection 7c77#g7 that  
evaluates-- 7#a7 fee agreements entered 
into pursuant to section #dha2  7#b7    
donation agreements entered into        
pursuant to subsections 7a7 and 7b72 and
  7#c7 the fees and donations received  
by ,u4,s4 ,customs and ,border          

,protection pursuant to such agreements4
  7e7 ,judicial review ,decisions of the
 ,commissioner of ,u4,s4 ,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 review4  7f7 ,rule of          
construction ,except as otherwise       
provided in this section1 nothing in    
this section may be construed as        
affecting in any manner the             
responsibilities1 duties1 or authorities
 of ,u4,s4 ,customs and ,border         
,protection or the ,general ,services   
,administration4  #dhc4 ,current and    
proposed agreements ,nothing in this    
subtitle or in section #d of the        
,cross-,border ,trade ,enhancement ,act 
of #bjaf may be construed as affecting--
 7#a7 any agreement entered into        
pursuant to section #efj of division ,d 

of the ,consolidated and ,further       
,continuing ,appropriations ,act1 #bjac 
7,public ,law #aac-f7 or section #eei of
 title ,v of division ,f of the         
,consolidated ,appropriations ,act1     
#bjad 7#f ,u4,s4,c4 #baa note2 ,public  
,law #aac-gf71 as in existence on the   
day before the date of the enactment of 
this subtitle1 and any such agreement   
shall continue to have full force and   
effect on and after such date2 or  7#b7 
a proposal accepted for consideration by
 ,u4,s4 ,customs and ,border ,protection
 pursuant to such section #eei1 as in   
existence on the day before such date of
 enactment4  #dhd4 ,definitions ,in this
 subtitle3 7#a7 ,donor ,the term donor  
means any entity that is proposing to   
make a donation under this ,act4  7#b7  
,entity ,the term entity means any--    
7,a7 person2  7,b7 partnership1         
corporation1 trust1 estate1 cooperative1
 association1 or any other organized    
group of persons2  7,c7 ,federal1 ,state
 or local government 7including any     

subdivision1 agency or instrumentality  
thereof72 or  7,d7 any other private or 
governmental entity4  4  7b7 ,clerical  
amendment ,the table of contents in     
section #a7;b7 of the ,homeland         
,security ,act of #bjjb is amended by   
adding at the end of the list of items  
relating to title ,,iv the following3   
,subtitle ,g--,u4,s4 ,customs and       
,border ,protection public private      
partnerships,sec4 #dha4 ,fee agreements 
for certain services at ports of        
entry4,sec4 #dhb4 ,port of entry        
donation authority4,sec4 #dhc4 ,current 
and proposed agreements4,sec4 #dhd4     
,definitions4  4  #c4 ,modification of  
existing reports to ,congress ,section  
#ijg7;b7 of the ,trade ,facilitation and
 ,trade ,enforcement ,act of #bjae      
7,public ,law #aad-abe7 is amended--    
7#a7 in paragraph 7#c71 by striking or  
at the end2  7#b7 in paragraph 7#d71 by 
striking the period at the end and      
inserting 2 or2 and  7#c7 by adding at  
the end the following3  7#e7 the program

 for entering into reimbursable fee     
agreements with ,u4,s4 ,customs and     
,border ,protection established under   
section #dha of the ,homeland ,security 
,act of #bjjb4  4  #d4 ,repeals  7a7    
,contract authority ,section #efj of    
division ,d of the ,consolidated and    
,further ,continuing ,appropriations    
,act1 #bjac 7,public ,law #aac-f7 is    
repealed4  7b7 ,partnership pilot       
program ,section #eei of division ,f of 
the ,consolidated ,appropriations ,act1 
#bjad 7#f ,u4,s4,c4 #baa note2 ,public  
,law #aac-gf7 is repealed4  #e4 ,waiver 
of polygraph examination requirement for
 certain law enforcement applicants     
,section #c of the ,anti-,border        
,corruption ,act of #bjaj 7,public ,law 
#aaa-cgf2 #f ,u4,s4,c4 #bba7 is         
amended-- 7#a7 in the matter preceding  
paragraph 7#a71 by striking ,the        
,secretary and inserting the following3 
7a7 ,in general ,the ,secretary  2  7#b7
 in subsection 7a77#a71 as redesignated1
 by inserting 7except as provided in    

subsection 7b77 after ,border           
,protection2 and  7#c7 by adding at the 
end the following3  7b7 ,waiver ,the    
,commissioner of ,u4,s4 ,customs and    
,border ,protection may waive the       
polygraph examination requirement under 
subsection 7a77#a7 for any applicant    
who-- 7#a7 is deemed suitable for       
employment2  7#b7 holds a current1      
active ,top ,secret_/,sensitive         
,compartmented ,information ,clearance2 
7#c7 has a current ,single ,scope       
,background ,investigation2  7#d7 was   
not granted any waivers to obtain his or
 her clearance2 and  7#e7 is a veteran  
7as defined in section #bajh of title   
#e1 ,united ,states ,code74  4  ,passed 
the ,senate ,november #bi1              
#bjaf4,secretary