,,ii ,calendar ,no4 #eei #aadth ,,congress #b;d ,session ,s4 #dfa ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #aa1 #bjae,mr4 ,cornyn 7for himself1 ,ms4 ,klobuchar1 ,mr4 ,johnson1 ,mr4 ,heller1 and ,mr4 ,flake7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,july #ab1 #bjaf,reported by ,mr4 ,johnson1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,a ,,bill ,to provide for alternative financing arrangements for the provision of certain services and the construction and maintenance of infrastructure at land border ports of entry1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,cross-,border ,trade ,enhancement ,act of #bjae4 #b4 ,definitions ,in this ,act3 7#a7 ,administrator2 ,administration ,the terms ,administrator and ,administration mean the ,administrator of ,general ,services and the ,general ,services ,administration1 respectively4 7#b7 ,commissioner ,the term ,commissioner means the ,commissioner of ,u4,s4 ,customs and ,border ,protection4 7#c7 ,person ,the term person means-- 7,a7 an individual2 or 7,b7 a corporation1 partnership1 trust1 association1 or any other public or private entity1 including a ,state or local government4 7#d7 ,relevant committees of ,congress ,the term relevant committees of ,congress means-- 7,a7 the ,committee on ,environment and ,public ,works 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 ,homeland ,security of the ,house of ,representatives2 7,f7 the ,committee on the ,judiciary of the ,house of ,representatives2 and 7,g7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 #c4 ,authority to enter into agreements for the provision of certain services at land border ports of entry 7a7 ,authority ,to enter into agreements 7#a7 ,in general ,notwithstanding section #dea of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #adea71 and consistent with section #efj of the ,department of ,homeland ,security ,appropriations ,act1 #bjac 7division ,d of ,public ,law #aac-f2 #abg ,stat4 #cgh7 and section #eei of the ,department of ,homeland ,security ,appropriations ,act1 #bjad 7division ,f of ,public ,law #aac-gf2 #f ,u4,s4,c4 #baa note7 the ,commissioner may1 during the #aj-year period beginning on the date of the enactment of this ,act and upon the request of any person1 enter into an agreement with that person under which-- 7,a7 ,u4,s4 ,customs and ,border ,protection will provide the services described in paragraph 7#b7 at a land border port of entry2 and 7,b7 that person will pay the fee described in subsection 7b7 to reimburse ,u4,s4 ,customs and ,border ,protection for the costs incurred in providing such services4 7#b7 ,services described ,services described in this paragraph are any services related to customs1 agricultural processing1 border security1 or inspection-related immigration matters provided by an employee or contractor of ,u4,s4 ,customs and ,border ,protection at land border ports of entry4 7#c7 ,limitation ,the ,commissioner may not modify existing requirements or reimbursement fee agreements in effect as of the date of the enactment of this ,act unless the relevant person requests a modification to include services described in this section4 7#d7 ,savings provision ,nothing in this paragraph may be construed to reduce the responsibilities or duties of ,u4,s4 ,customs and ,border ,protection to provide services at land border ports of entry that have been authorized or mandated by law and are funded in any appropriation ,act or from any accounts in the ,treasury of the ,united ,states derived by the collection of fees4 7b7 ,fee 7#a7 ,in general ,a person requesting ,u4,s4 ,customs and ,border ,protection services shall pay a fee pursuant to an agreement under subsection 7a7 in an amount equal to the sum of-- 7,a7 a proportionate share of the salaries and expenses of the individuals employed by ,u4,s4 ,customs and ,border ,protection who provided such services2 and 7,b7 other costs incurred by ,u4,s4 ,customs and ,border ,protection relating to such services1 such as temporary placement or permanent relocation of such individuals4 7#b7 ,oversight of fees ,the ,commissioner shall develop a process to oversee the activities reimbursed by the fees authorized under paragraph 7#a7 that includes-- 7,a7 a determination and report on the full cost of providing services1 including direct and indirect costs2 7,b7 a process for increasing such fees1 as necessary2 7,c7 the establishment of a monthly remittance schedule to reimburse appropriations2 and 7,d7 the identification of overtime costs to be reimbursed by such fees4 7#c7 ,deposit of funds ,amounts collected in fees under paragraph 7#a7-- 7,a7 shall be deposited as an offsetting collection2 7,b7 shall remain available until expended1 without fiscal year limitation2 and 7,c7 shall directly reimburse each appropriation account for the amount paid out of such account for-- 7i7 any expenses incurred for providing ,u4,s4 ,customs and ,border ,protection services to the person paying such fee2 and 7ii7 any other costs incurred by the ,u4,s4 ,customs and ,border ,protection relating to such services4 7#d7 ,termination 7,a7 ,in general ,the ,commissioner shall terminate the services provided pursuant to an agreement with a private sector or government entity under subsection 7a7 upon receiving notice from the ,commissioner that such entity failed to pay the fee imposed under paragraph 7#a7 in a timely manner4 7,b7 ,effect of termination ,at the time services are terminated pursuant to subparagraph 7,a71 all costs incurred by ,u4,s4 ,customs and ,border ,protection to provide services to the entity described in subparagraph 7,a71 which have not been reimbursed by the entity1 will become immediately due and payable4 7,c7 ,interest ,interest on unpaid fees will accrue from the date of termination based on current ,treasury borrowing rates4 7,d7 ,penalties ,any private sector or government entity that fails to pay any fee incurred under paragraph 7#a7 in a timely manner1 after notice and demand for payment1 shall be liable for a penalty or liquidated damage equal to #b times the amount of such fee4 7#e7 ,notification ,not later than #c days before entering into an agreement under this section1 the ,commissioner shall notify-- 7,a7 the relevant committees of ,congress2 and 7,b7 the members of ,congress who represent the ,state or district in which the facility at which services will be provided under the agreement4 #d4 ,evaluation of alternative financing arrangements for construction and maintenance of infrastructure at land border ports of entry 7a7 ,agreements authorized ,consistent with section #eei of the ,department of ,homeland ,security ,appropriations ,act1 #bjad 7division ,f of ,public ,law #aac-gf2 #f ,u4,s4,c4 #baa note71 during the #aj-year period beginning on the date of the enactment of this ,act1 the ,commissioner and the ,administrator may1 for purposes of facilitating the construction1 alteration1 operation1 or maintenance of a new or existing facility or other infrastructure at a port of entry under the jurisdiction1 custody1 and control of the ,commissioner or the ,administrator-- 7#a7 enter into cost-sharing or reimbursement agreements with any person2 or 7#b7 accept donations from any person of-- 7,a7 real or personal property 7including monetary donations72 or 7,b7 nonpersonal services4 7b7 ,allowable uses of agreements ,the ,commissioner and the ,administrator1 with respect to an agreement authorized under subsection 7a71 may-- 7#a7 use such agreements for activities related to an existing or new port of entry1 including expenses related to-- 7,a7 land acquisition1 design1 construction1 repair1 or alternation2 7,b7 furniture1 fixtures1 or equipment2 7,c7 the deployment of technology or equipment2 or 7,d7 operations and maintenance2 or 7#b7 subject to chapter #cc of title #dj1 ,united ,states ,code1 transfer such property or services between the ,commissioner and the ,administrator for activities described in paragraph 7#a7 that are related to a new or existing port of entry under the jurisdiction1 custody1 and control of the relevant agency4 7c7 ,evaluation procedures 7#a7 ,in general 7,a7 ,requirements for procedures ,the ,commissioner1 in consultation with the ,administrator and consistent with section #eei of the ,department of ,homeland ,security ,appropriations ,act1 #bjad 7division ,f of ,public ,law #aac-gf2 #f ,u4,s4,c4 #baa note71 shall issue procedures for evaluating a proposal submitted by a person for an agreement authorized under subsection 7a74 7,b7 ,availability ,the procedures issued under subparagraph 7,a7 shall be made available to the public through the ,department of ,homeland ,security website4 7#b7 ,specification ,in making a donation under subsection 7a77#b71 a person may-- 7,a7 designate the land port of entry facility or facilities that the donation is intended to support2 and 7,b7 specify the period during which the contributed property or nonpersonal services shall be used4 7#c7 ,supplemental funding ,any property1 including monetary donations and nonpersonal services donated pursuant to subsection 7a7 may be used in addition to any other funds1 including appropriated funds1 property1 or services made available for the same purpose4 7#d7 ,return of donation 7,a7 ,return required ,if the ,commissioner or the ,administrator does not use the property or services donated pursuant to subsection 7a7 for the specific facility or facilities designated under paragraph 7#b77;,a7 or during the period specified under paragraph 7#b77;,b71 such donated property or services shall be returned to the person that made the donation4 7,b7 ,interest prohibited ,no interest may be owed on any donation returned to a person pursuant to subparagraph 7,a74 7#e7 ,determination and notification 7,a7 ,in general ,not later than #ij days after receiving a proposal pursuant to subsection 7a7 with respect to the construction or maintenance of a facility or other infrastructure at a land border port of entry1 the ,commissioner or the ,administrator shall-- 7i7 make a determination with respect to whether or not to approve the proposal2 and 7ii7 notify the person that submitted the proposal of-- 7,i7 the determination2 and 7,,ii7 if the ,administrator did not approve the proposal1 the reasons for such determination4 7,b7 ,considerations ,in making the determination under subparagraph 7,a77i71 the ,commissioner or the ,administrator shall consider-- 7i7 the impact of the proposal on reducing wait times at that port of entry and other ports of entry on the same border2 7ii7 the potential of the proposal to increase trade and travel efficiency through added capacity2 and 7iii7 the potential of the proposal to enhance the security of the port of entry4 7d7 ,annual report and notice to ,congress ,the ,commissioner1 in collaboration with the ,administrator1 shall-- 7#a7 submit an annual report to the relevant committees of ,congress on the agreements entered into under subsection 7a72 and 7#b7 not less than #c days before entering into an agreement with a person under subsection 7a71 notify the members of ,congress that represent the ,state or district in which the affected facility is located4 #a4 ,short title ,this ,act may be cited as the ,cross-,border ,trade ,enhancement ,act of #bjaf4 #b4 ,repeal and transition provision 7a7 ,repeal ,subject to subsections 7b7 and 7c71 section #efj of the ,department of ,homeland ,security ,appropriations ,act1 #bjac 7division ,d of ,public ,law #aac-f2 #abg ,stat4 #cgh7 and section #eei of the ,department of ,homeland ,security ,appropriations ,act1 #bjad 7division ,f of ,public ,law #aac-gf2 #f ,u4,s4,c4 #baa note7 are repealed4 7b7 ,agreements in effect ,notwithstanding subsection 7a71 nothing in this ,act may be construed as affecting in any manner an agreement entered into pursuant to section #efj of the ,department of ,homeland ,security ,appropriations ,act1 #bjac 7division ,d of ,public ,law #aac-f2 #abg ,stat4 #cgh7 or section #eei of the ,department of ,homeland ,security ,appropriations ,act1 #bjad 7division ,f of ,public ,law #aac-gf2 #f ,u4,s4,c4 #baa note7 that is in effect on the day before the date of the enactment of this ,act1 and any such agreement shall continue to have full force and effect on and after such date4 7c7 ,proposed agreements ,notwithstanding subsection 7a71 nothing in this ,act may be construed as affecting in any manner a proposal accepted for consideration and further development by ,u4,s4 ,customs and ,border ,protection or the ,general ,services ,administration pursuant to section #eei of the ,department of ,homeland ,security ,appropriations ,act1 #bjad 7division ,f of ,public ,law #aac-gf2 #f ,u4,s4,c4 #baa note7 that was accepted prior to the date of the enactment of this ,act4 #c4 ,definitions ,in this ,act3 7#a7 ,administration ,the term ,administration mean the ,general ,services ,administration4 7#b7 ,administrator ,the term ,administrator mean the ,administrator of the ,administration4 7#c7 ,commissioner ,the term ,commissioner means the ,commissioner of ,u4,s4 ,customs and ,border ,protection4 7#d7 ,donation agreement ,the term donation agreement means an agreement made under section #e7;a74 7#e7 ,fee agreement ,the term fee agreement means an agreement made by the ,commissioner under section #d7;a77#a74 7#f7 ,person ,the term person means-- 7,a7 an individual2 7,b7 a corporation1 partnership1 trust1 estate1 association1 or any other private or public entity2 7,c7 a ,federal1 ,state1 or local government2 7,d7 any subdivision1 agency1 or instrumentality of a ,federal1 ,state1 or local government2 or 7,e7 any other governmental entity4 7#g7 ,relevant committees of ,congress ,the term relevant committees of ,congress means-- 7,a7 the ,committee on ,appropriations1 the ,committee on ,environment and ,public ,works1 the ,committee on ,finance1 the ,committee on ,homeland ,security and ,governmental ,affairs1 and the ,committee on the ,judiciary of the ,senate2 and 7,b7 the ,committee on ,appropriations1 the ,committee on ,homeland ,security1 the ,committee on the ,judiciary1 and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 #d4 ,authority to enter into fee agreements for the provision of certain services of ,u4,s4 ,customs and ,border ,protection 7a7 ,fee agreements 7#a7 ,authority for fee agreements ,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 may1 upon the request of any person1 enter into an agreement with that person under which-- 7,a7 ,u4,s4 ,customs and ,border ,protection will provide the services described in paragraph 7#d7 at a port of entry or any other facility where ,u4,s4 ,customs and ,border ,protection provides or will provide services2 7,b7 such person will remit a fee imposed under subsection 7b7 to ,u4,s4 ,customs and ,border ,protection in an amount equal to the full costs incurred or that will be incurred in providing such services2 and 7,c7 any additional facilities at which ,u4,s4 ,customs and ,border ,protection services are performed or deemed necessary for the provision of services under an agreement entered into under this section shall be provided1 maintained1 and equipped by such person1 without additional cost to the ,federal ,government1 in accordance with ,u4,s4 ,customs and ,border ,protection specifications4 7#b7 ,criteria ,the ,commissioner shall establish criteria for entering into a partnership under paragraph 7#a7 that include the following3 7,a7 ,selection and evaluation of potential partners4 7,b7 ,identification and documentation of roles and responsibilities between ,u4,s4 ,customs and ,border ,protection1 the ,administration1 and private and government partners4 7,c7 ,identification1 allocation1 and management of explicit and implicit risks of partnering between ,u4,s4 ,customs and ,border ,protection1 the ,administration1 and private and government partners4 7,d7 ,decision-making and dispute resolution processes in partnering arrangements4 7,e7 ,criteria and processes for ,u4,s4 ,customs and ,border ,protection to terminate agreements if private or government partners are not meeting the terms of such a partnership1 including the security standards established by ,u4,s4 ,customs and ,border ,protection4 7#c7 ,publication ,the ,commissioner shall make publicly available the criteria established under paragraph 7#b71 and shall notify the relevant committees of ,congress not less than #ae days prior to the publication of the criteria and any subsequent changes to such criteria4 7#d7 ,services described ,services described in this paragraph are any services related to1 or in support of1 customs1 agricultural processing1 border security1 or inspection-related immigration matters provided by an employee or contractor of ,u4,s4 ,customs and ,border ,protection at ports of entry or any other facility where ,u4,s4 ,customs and ,border ,protection provides or will provide services4 7#e7 ,modification of prior agreements ,the ,commissioner1 at the request of a person 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 ,act1 may modify such agreement to implement any provisions of this ,act4 7#f7 ,limitation ,the ,commissioner may not enter into a reimbursable fee agreement under this subsection if such agreement would unduly and permanently impact services funded in this ,act or any appropriations ,act1 or provided from any account in the ,treasury of the ,united ,states derived by the collection of fees4 7#g7 ,numerical limitations ,except as provided in paragraphs 7#h7 and 7#i71 there shall be no limit to the number of fee agreements that may be entered into by the ,commissioner4 7#h7 ,authority for numerical limitations 7,a7 ,resource availability ,if the ,commissioner finds that resource or allocation constraints would prevent ,u4,s4 ,customs and ,border ,protection from fulfilling1 in whole or in part1 requests for services under the terms of existing or proposed fee agreements1 the ,commissioner shall impose annual limits on the number of new fee agreements4 7,b7 ,annual review ,if the ,commissioner limits the number of new fee agreements under this paragraph1 the ,commissioner shall annually evaluate and reassess such limits and publish the results of such evaluation and affirm any such limits that shall remain in effect in a publicly available format4 7#i7 ,air ports of entry 7,a7 ,certain costs ,a fee agreement for ,u4,s4 ,customs and ,border ,protection services at an air port of entry may only provide for the reimbursement of-- 7i7 salaries and expenses of not more than #e full-time equivalent ,u4,s4 ,customs and ,border ,protection officers2 7ii7 costs incurred by ,u4,s4 ,customs and ,border ,protection for the payment of overtime to employee2 7iii7 the salaries and expenses of employees of ,u4,s4 ,customs and ,border ,protection 7other than officers specified in clause 7i77 to support ,u4,s4 customs and ,border ,protection officers in performing law enforcement functions at air ports of entry1 including primary and secondary processing of passengers2 and 7iv7 other costs incurred by ,u4,s4 ,customs and ,border ,protection relating to services described in paragraph 7#d71 such as temporary placement or permanent relocation of such employees1 including incentive pay for relocation where appropriate4 7,b7 ,preclearance ,the authority in the section may not be used to enter into new preclearance agreements or initiate the provision of ,u4,s4 ,customs and ,border ,protection services outside of the ,united ,states4 7,c7 ,permanent relocation ,any fee agreement under this ,act to provide for the reimbursement of the permanent relocation of an employee of the ,u4,s4 ,customs and ,border ,protection shall certify that the terms of the agreement-- 7i7 cannot otherwise be sufficiently met by the person and the ,u4,s4 ,customs and ,border ,protection2 7ii7 would not unduly impact ,u4,s4 ,customs and ,border ,protection services at the port of entry from which the relocation of the employee is proposed2 7iii7 would be consistent with other applicable laws and regulations regarding the relocation of employees of the ,u4,s4 ,customs and ,border ,protection2 and 7iv7 all costs of the relocation have been approved by the person4 7#aj7 ,port of entry size consideration ,the ,commissioner shall-- 7,a7 ensure that each fee agreement proposal is given equal consideration regardless of the size of the port of entry2 and 7,b7 report to the relevant committees of ,congress on the number of fee agreement proposals that the ,commissioner did not enter into due to numerical limits on the number of fee agreements1 if the ,commissioner adopts such limits4 7#aa7 ,denied application ,if the ,commissioner denies a proposal for a fee agreement1 the ,commission shall provide the person who submitted the proposal the reason for the denial1 unless the reason for the denial involves a law enforcement matter or national security interest4 7#ab7 ,construction ,nothing in this section may be construed-- 7,a7 to require a person entering into a fee agreement to cover costs that are otherwise the responsibility of the ,u4,s4 ,customs and ,border ,protection or any other agency of the ,federal ,government and are not incurred1 or expected to be incurred1 to cover services specifically covered by an agreement entered into under authorities provided by this ,act2 or 7,b7 to unduly and permanently reduce the responsibilities or duties of ,u4,s4 ,customs and ,border ,protection to provide services at ports of entry that have been authorized or mandated by law and are funded in any appropriation ,act or from any accounts in the ,treasury of the ,united ,states derived by the collection of fees4 7#ac7 ,judicial review ,decisions of the ,commissioner under this subsection are in the discretion of the ,commissioner and not subject to judicial review4 7b7 ,fee 7#a7 ,in general ,a person who enters into a fee agreement shall pay a fee pursuant to such agreement in an amount equal to the full cost of ,u4,s4 ,customs and ,border ,protection-- 7,a7 of the salaries and expenses of individuals employed or contracted by ,u4,s4 ,customs and ,border ,protection to provide such services2 and 7,b7 of other costs incurred by ,u4,s4 ,customs and ,border ,protection related to providing such services1 such as temporary placement or permanent relocation of employees1 including incentive pay for relocation where appropriate4 7#b7 ,advance payment ,the ,commissioner1 with approval from a person requesting services of ,u4,s4 ,customs and ,border ,protection services pursuant to a fee agreement1 may accept the fee for services prior to providing such services4 7#c7 ,oversight of fees ,the ,commissioner shall develop a process to oversee the activities for which fees are charged pursuant to a fee agreement that includes the following3 7,a7 ,a determination and report on the full cost of providing services1 including direct and indirect costs1 as well as a process1 through consultation with affected parties and other interested stakeholders1 for increasing such fees as necessary4 7,b7 ,the establishment of a periodic remittance schedule to replenish appropriations1 accounts or funds1 as necessary4 7,c7 ,the identification of costs paid by such fees4 7#d7 ,deposit of funds ,amounts collected pursuant to a fee agreement shall-- 7,a7 be deposited as an offsetting collection2 7,b7 remain available until expended1 without fiscal year limitation2 and 7,c7 be credited to the applicable appropriation1 account1 or fund for the amount paid out of that appropriation1 account1 or fund for-- 7i7 any expenses incurred or to be incurred by ,u4,s4 ,customs and ,border ,protection in providing such services2 and 7ii7 any other costs incurred by ,u4,s4 ,customs and ,border ,protection relating to such services4 7#e7 ,termination by the ,commissioner 7,a7 ,in general ,the ,commissioner shall terminate the services provided pursuant to a fee agreement with a person that1 after receiving notice from the ,commissioner that a fee imposed under the fee agreement is due1 fails to pay such fee in a timely manner4 7,b7 ,effect of termination ,at the time services are terminated pursuant to subparagraph 7,a71 all costs incurred by ,u4,s4 ,customs and ,border ,protection which have not been paid1 will become immediately due and payable4 7,c7 ,interest ,interest on unpaid fees will accrue based on the quarterly rate7s7 established under sections #ffba and #ffbb of the ,internal ,revenue ,code of #aihf4 7,d7 ,penalties ,any person that fails to pay any fee incurred under a fee agreement in a timely manner1 after notice and demand for payment1 shall be liable for a penalty or liquidated damage equal to #b times the amount of such fee4 7,e7 ,amount collected ,any amount collected pursuant to a fee agreement shall be deposited into the account specified under paragraph 7#d7 and shall be available as described therein4 7,f7 ,return of unused funds ,the ,commissioner shall return any unused funds collected under a fee agreement that is terminated for any reason1 or in the event that the terms of such 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 unused funds4 7#f7 ,termination by the sponsor ,any person 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 ,act1 or under the provisions of this ,act1 may request that such agreement make provision for termination at the request of such person upon advance notice1 the length and terms of which shall be negotiated between such person and ,u4,s4 ,customs and ,border ,protection4 7c7 ,annual report and notice to ,congress ,the ,commissioner shall-- 7#a7 submit to the relevant committees of ,congress an annual report that identifies each fee agreement made during the previous year2 and 7#b7 not less than #ae days before entering into a fee agreement1 notify the members of ,congress that represent the ,state or district in which the affected port or facility is located4 7d7 ,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 for the provision of ,u4,s4 ,customs and ,border ,protection services established by the ,cross-,border ,trade ,enhancement ,act of #bjaf4 4 #e4 ,authority to enter into agreements to accept donations for ports of entry 7a7 ,agreements authorized 7#a7 ,commissioner ,the ,commissioner1 in collaboration with the ,administrator as provided under subsection 7e71 may enter into an agreement with any person to accept a donation of real or personal property1 including monetary donations1 or nonpersonal services1 for activities in subsection 7b7 at a new or existing land1 sea1 or air port of entry1 or any facility or other infrastructure at a location where ,u4,s4 ,customs and ,border ,protection performs or will be performing services within the ,united ,states4 7#b7 ,administrator ,where the ,administrator has custody or control of a new or existing land port of entry1 facility1 or other infrastructure at a location where ,u4,s4 ,customs and ,border ,protection performs or will be performing inspection services1 the ,administrator1 in collaboration with the ,commissioner1 may enter into an agreement with any person to accept a donation of real or personal property1 including monetary donations1 or nonpersonal services1 at that location for activities set forth in subsection 7b74 7b7 ,use ,a donation made under a donation agreement may be used for activities related to construction1 alteration1 operation or maintenance1 including expenses related to-- 7#a7 land acquisition1 design1 construction1 repair1 and alteration2 7#b7 furniture1 fixtures1 equipment1 and technology1 including installation and the deployment thereof2 and 7#c7 operation and maintenance of the facility1 infrastructure1 equipment1 and technology4 7c7 ,limitation on monetary donations ,any monetary donation accepted pursuant to a donation agreement may not be used to pay the salaries of employees of ,u4,s4 ,customs and ,border ,protection who perform inspection services4 7d7 ,term of donation agreement ,the term of a donation agreement may be as long as is required to meet the terms of the agreement4 7e7 ,role of ,administrator ,the ,administrator's role1 involvement1 and authority under this section is limited with respect to donations made at new or existing land ports of entry1 facilities1 or other infrastructure owned or leased by the ,administration4 7f7 ,evaluation procedures 7#a7 ,requirements for procedures ,not later than #ahj days after the date of enactment1 the ,commissioner1 in consultation with the ,administrator as appropriate1 shall issue procedures for evaluating proposals for donation agreements on a year-round basis and otherwise consistent with the requirements of this section4 7#b7 ,availability ,the procedures issued under paragraph 7#a7 shall be made available to the public4 7#c7 ,cost-sharing arrangements ,in issuing the procedures under paragraph 7#a71 the ,commissioner1 in consultation with the ,administrator1 shall evaluate the use of authorities provided under this section to enter into cost-sharing or reimbursement agreements with eligible persons and determine whether such agreements may improve facility conditions or inspection services at new or existing land1 sea1 or air ports of entry4 7g7 ,determination and notification 7#a7 ,in general ,not later than #fj days after receiving a proposal for a donation agreement1 the ,commissioner1 and ,administrator if applicable1 shall notify the person that submitted the proposal as to whether it is complete or incomplete4 7#b7 ,incomplete proposals ,if the ,commissioner1 and ,administrator if applicable1 determines that a proposal is incomplete1 the person that submitted the proposal shall be notified and provided with-- 7,a7 a detailed description of all specific information or material that is needed to complete review of the proposal2 and 7,b7 allow the person to resubmit the proposal with additional information and material described under subparagraph 7,a7 to complete the proposal4 7#c7 ,complete applications ,not later than #ahj days after receiving a completed and final proposal for a donation agreement1 the ,commissioner1 and ,administrator if applicable1 shall-- 7,a7 make a determination whether to deny or approve the proposal2 and 7,b7 notify the person that submitted the proposal of the determination4 7#d7 ,considerations ,in making the determination under paragraph 7#c77;,a71 the ,commissioner1 and ,administrator if applicable1 shall consider-- 7,a7 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 7,b7 the potential of the proposal to increase trade and travel efficiency through added capacity2 7,c7 the potential of the proposal to enhance the security of the port of entry or facility2 7,d7 the funding available to complete the intended use of a donation under this section2 7,e7 the costs of maintaining and operating such donation2 7,f7 whether such donation1 if real property1 satisfies the requirements of such proposal1 or whether additional real property would be required2 7,g7 an explanation of how such donation1 if real property1 was secured2 7,h7 the impact of such proposal on staffing requirements2 and 7,i7 other factors that the ,commissioner or ,administrator determines to be relevant4 7h7 ,supplemental funding ,any property1 including monetary donations and nonpersonal services1 donated pursuant to a donation agreement may be used in addition to any other funds1 including appropriated funds1 property1 or services made available for the same purpose4 7i7 ,return of donation ,if the ,commissioner or the ,administrator does not use the property or services donated pursuant to a donation agreement1 such donated property or services shall be returned to the person that made the donation4 7j7 ,interest prohibited ,no interest may be owed on any donation returned to a person under this subsection4 7k7 ,prohibition on certain funding ,the ,commissioner1 in collaboration with the ,administrator if applicable1 with respect to an agreement authorized under this section1 may not obligate or expend amounts in excess of the value of the donations4 7l7 ,annual report and notice to ,congress ,the ,commissioner1 in collaboration with the ,administrator if applicable1 shall-- 7#a7 submit to the relevant committees of ,congress an annual report that identifies each donation agreement made during the previous year2 and 7#b7 not less than #ae days before entering into a donation agreement1 notify the members of ,congress that represent the ,state or district in which the affected port or facility is located4 7m7 ,construction ,except as otherwise provided in this section1 nothing in this section may be construed-- 7#a7 as affecting in any manner the responsibilities1 duties1 or authorities of ,u4,s4 ,customs and ,border ,protection or the ,administration2 7#b7 to create any right or liability of the parties referred to in this section1 except as otherwise set forth in any donation acceptance agreement entered into under this section2 or 7#c7 as affecting any consultation requirement under any other law4 #f4 ,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 such term is defined in section #bajh of title #e1 ,united ,states ,code74 4 #g4 ,effective period 7a7 ,in general ,except as provided in subsection 7c71 this ,act and the amendments made by this ,act shall be in effect during the #aj-year period beginning on the date of the enactment of this ,act4 7b7 ,agreements in effect ,any agreement made pursuant to this ,act that is in effect on the date that is #aj years after the date of the enactment of this ,act shall continue to have full force and effect on and after such date and remain in effect under the terms of such agreement4 7c7 ,permanent provisions ,section #b1 the amendments made by section #b1 and the amendments made by section #f shall take effect on the date of the enactment of this ,act4 ,july #ab1 #bjaf,reported with an amendment