[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 875 Enrolled Bill (ENR)]

        H.R.875

                     One Hundred Fourteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
           the fourth day of January, two thousand and sixteen


                                 An Act


 
 To provide for alternative financing arrangements for the provision of 
certain services and the construction and maintenance of infrastructure 
         at land border ports of entry, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Cross-Border Trade Enhancement Act 
of 2016''.
SEC. 2. PUBLIC-PRIVATE PARTNERSHIPS.
    (a) In General.--Title IV of the Homeland Security Act of 2002 (6 
U.S.C. 202 et seq.) is amended by adding at the end the following:

    ``Subtitle G--U.S. Customs and Border Protection Public Private 
                              Partnerships

    ``SEC. 481. FEE AGREEMENTS FOR CERTAIN SERVICES AT PORTS OF ENTRY.
    ``(a) In General.--Notwithstanding section 13031(e) of the 
Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 
58c(e)) and section 451 of the Tariff Act of 1930 (19 U.S.C. 1451), the 
Commissioner of U.S. Customs and Border Protection, upon the request of 
any entity, may enter into a fee agreement with such entity under 
which--
        ``(1) U.S. Customs and Border Protection shall provide services 
    described in subsection (b) at a United States port of entry or any 
    other facility at which U.S. Customs and Border Protection provides 
    or will provide such services;
        ``(2) such entity shall remit to U.S. Customs and Border 
    Protection a fee imposed under subsection (h) in an amount equal to 
    the full costs that are incurred or will be incurred in providing 
    such services; and
        ``(3) if space is provided by such entity, each facility at 
    which U.S. Customs and Border Protection services are performed 
    shall be maintained and equipped by such entity, without cost to 
    the Federal Government, in accordance with U.S. Customs and Border 
    Protection specifications.
    ``(b) Services Described.--The services described in this 
subsection are any activities of any employee or Office of Field 
Operations contractor of U.S. Customs and Border Protection (except 
employees of the U.S. Border Patrol, as established under section 
411(e)) pertaining to, or in support of, customs, agricultural 
processing, border security, or immigration inspection-related matters 
at a port of entry or any other facility at which U.S. Customs and 
Border Protection provides or will provide services.
    ``(c) Modification of Prior Agreements.--The Commissioner of U.S. 
Customs and Border Protection, at the request of an entity who has 
previously entered into an agreement with U.S. Customs and Border 
Protection for the reimbursement of fees in effect on the date of 
enactment of this section, may modify such agreement to implement any 
provisions of this section.
    ``(d) Limitations.--
        ``(1) Impacts of services.--The Commissioner of U.S. Customs 
    and Border Protection--
            ``(A) may enter into fee agreements under this section only 
        for services that--
                ``(i) will increase or enhance the operational capacity 
            of U.S. Customs and Border Protection based on available 
            staffing and workload; and
                ``(ii) will not shift the cost of services funded in 
            any appropriations Act, or provided from any account in the 
            Treasury of the United States derived by the collection of 
            fees, to entities under this Act; and
            ``(B) may not enter into a fee agreement under this section 
        if such agreement would unduly and permanently impact services 
        funded in any appropriations Act, or provided from any account 
        in the Treasury of the United States, derived by the collection 
        of fees.
        ``(2) Number.--There shall be no limit to the number of fee 
    agreements that the Commissioner of U.S. Customs and Border 
    Protection may enter into under this section.
    ``(e) Air Ports of Entry.--
        ``(1) Fee agreement.--Except as otherwise provided in this 
    subsection, a fee agreement for U.S. Customs and Border Protection 
    services at an air port of entry may only provide for the payment 
    of overtime costs of U.S. Customs and Border Protection officers 
    and salaries and expenses of U.S. Customs and Border Protection 
    employees to support U.S. Customs and Border Protection officers in 
    performing 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 Border Protection 
        officers in performing law enforcement functions; and
            ``(C) other costs incurred by U.S. Customs and Border 
        Protection relating to services described in subparagraph (B), 
        such as temporary placement or permanent relocation of 
        employees, including incentive pay for relocation, as 
        appropriate.
    ``(f) Port of Entry Size.--The Commissioner of U.S. Customs and 
Border Protection shall ensure that each fee agreement proposal is 
given equal consideration regardless of the size of the port of entry.
    ``(g) Denied Application.--
        ``(1) In general.--If the Commissioner of U.S. Customs and 
    Border Protection denies a proposal for a fee agreement under this 
    section, the Commissioner shall provide the entity submitting such 
    proposal with the reason for the denial unless--
            ``(A) the reason for the denial is law enforcement 
        sensitive; or
            ``(B) withholding the reason for the denial is in the 
        national security interests of the United States.
        ``(2) Judicial review.--Decisions of the Commissioner of U.S. 
    Customs and Border Protection under paragraph (1) are in the 
    discretion of the Commissioner and are not subject to judicial 
    review.
    ``(h) Fee.--
        ``(1) In general.--The amount of the fee to be charged under an 
    agreement authorized under subsection (a) shall be paid by each 
    entity requesting U.S. Customs and Border Protection services, and 
    shall be for the full cost of providing such services, including 
    the salaries and expenses of employees and contractors of U.S. 
    Customs and Border Protection, to provide such services and other 
    costs incurred by U.S. Customs and Border Protection relating to 
    such services, such as temporary placement or permanent relocation 
    of such employees and contractors.
        ``(2) Timing.--The Commissioner of U.S. Customs and Border 
    Protection may require that the fee referred to in paragraph (1) be 
    paid by each entity that has entered into a fee agreement under 
    subsection (a) with U.S. Customs and Border Protection in advance 
    of the performance of U.S. Customs and Border Protection services.
        ``(3) Oversight of fees.--The Commissioner of U.S. Customs and 
    Border Protection shall develop a process to oversee the services 
    for which fees are charged pursuant to an agreement under 
    subsection (a), including--
            ``(A) a determination and report on the full costs of 
        providing such services, and a process for increasing such 
        fees, as necessary;
            ``(B) the establishment of a periodic remittance schedule 
        to replenish appropriations, accounts, or funds, as necessary; 
        and
            ``(C) the identification of costs paid by such fees.
    ``(i) Deposit of Funds.--
        ``(1) Account.--Funds collected pursuant to any agreement 
    entered into pursuant to subsection (a)--
            ``(A) shall be deposited as offsetting collections;
            ``(B) shall remain available until expended without fiscal 
        year limitation; and
            ``(C) shall be credited to the applicable appropriation, 
        account, or fund for the amount paid out of such appropriation, 
        account, or fund for any expenses incurred or to be incurred by 
        U.S. Customs and Border Protection in providing U.S. Customs 
        and Border Protection services under any such agreement and any 
        other costs incurred or to be incurred by U.S. Customs and 
        Border Protection relating to such services.
        ``(2) Return of unused funds.--The Commissioner of U.S. Customs 
    and Border Protection shall return any unused funds collected and 
    deposited into the account described in paragraph (1) if a fee 
    agreement entered into pursuant to subsection (a) is terminated for 
    any reason or the terms of such fee agreement change by mutual 
    agreement to cause a reduction of U.S. Customs and Border 
    Protections services. No interest shall be owed upon the return of 
    any such unused funds.
    ``(j) Termination.--
        ``(1) In general.--The Commissioner of U.S. Customs and Border 
    Protection shall terminate the services provided pursuant to a fee 
    agreement entered into under subsection (a) with an entity that, 
    after receiving notice from the Commissioner that a fee under 
    subsection (h) is due, fails to pay such fee in a timely manner. If 
    such services are terminated, all costs incurred by U.S. Customs 
    and Border Protection that have not been paid shall become 
    immediately due and payable. Interest on unpaid fees shall accrue 
    based on the rate and amount established under sections 6621 and 
    6622 of the Internal Revenue Code of 1986.
        ``(2) Penalty.--Any entity that, after notice and demand for 
    payment of any fee under subsection (h), fails to pay such fee in a 
    timely manner shall be liable for a penalty or liquidated damage 
    equal to two times the amount of such fee. Any such amount 
    collected under this paragraph shall be deposited into the 
    appropriate account specified under subsection (i) and shall be 
    available as described in such subsection.
        ``(3) Termination by the entity.--Any entity who has previously 
    entered into an agreement with U.S. Customs and Border Protection 
    for the reimbursement of fees in effect on the date of enactment of 
    this section, or under the provisions of this section, may request 
    that such agreement be amended to provide for termination upon 
    advance notice, length, and terms that are negotiated between such 
    entity and U.S. Customs and Border Protection.
    ``(k) Annual Report.--The Commissioner of U.S. Customs and Border 
Protection shall--
        ``(1) submit an annual report identifying the activities 
    undertaken and the agreements entered into pursuant to this section 
    to--
            ``(A) the Committee on Appropriations of the Senate;
            ``(B) the Committee on Finance of the Senate;
            ``(C) the Committee on Homeland Security and Governmental 
        Affairs of the Senate;
            ``(D) the Committee on the Judiciary of the Senate;
            ``(E) the Committee on Appropriations of the House of 
        Representatives;
            ``(F) the Committee on Homeland Security of the House of 
        Representatives;
            ``(G) the Committee on the Judiciary of the House of 
        Representatives; and
            ``(H) the Committee on Ways and Means of the House of 
        Representatives; and
        ``(2) not later than 15 days before entering into a fee 
    agreement, notify the members of Congress that represent the State 
    or Congressional District in which the affected port of entry or 
    facility is located of such agreement.
    ``(l) Rule of Construction.--Nothing in this section may be 
construed as imposing on U.S. Customs and Border Protection any 
responsibilities, duties, or authorities relating to real property.
    ``SEC. 482. PORT OF ENTRY DONATION AUTHORITY.
    ``(a) Personal Property Donation Authority.--
        ``(1) In general.--The Commissioner of U.S. Customs and Border 
    Protection, in consultation with the Administrator of General 
    Services, may enter into an agreement with any entity to accept a 
    donation of personal property, money, or nonpersonal services for 
    the uses described in paragraph (3) only with respect to the 
    following locations at which U.S. Customs and Border Protection 
    performs or will be performing inspection services:
            ``(A) A new or existing sea or air port of entry.
            ``(B) An existing Federal Government-owned land port of 
        entry.
            ``(C) A new Federal Government-owned land port of entry 
        if--
                ``(i) the fair market value of the donation is 
            $50,000,000 or less; and
                ``(ii) the fair market value, including any personal 
            and real property donations in total, of such port of entry 
            when completed, is $50,000,000 or less.
        ``(2) Limitation on monetary donations.--Any monetary donation 
    accepted pursuant to this subsection may not be used to pay the 
    salaries of U.S. Customs and Border Protection employees performing 
    inspection services.
        ``(3) Uses.--Donations accepted pursuant to this subsection may 
    be used for activities of the Office of Field Operations set forth 
    in subparagraphs (A) through (F) of section 411(g)(3), which are 
    related to a new or existing sea or air port of entry or a new or 
    existing Federal Government-owned land port of entry described in 
    paragraph (1), including expenses related to--
            ``(A) furniture, fixtures, equipment, or technology, 
        including the installation or deployment of such items; and
            ``(B) the operation and maintenance of such furniture, 
        fixtures, equipment, or technology.
    ``(b) Real Property Donation Authority.--
        ``(1) In general.--Subject to paragraph (3), the Commissioner 
    of U.S. Customs and Border Protection, and the Administrator of the 
    General Services Administration, as applicable, may enter into an 
    agreement with any entity to accept a donation of real property or 
    money for uses described in paragraph (2) only with respect to the 
    following locations at which U.S. Customs and Border Protection 
    performs or will be performing inspection services:
            ``(A) A new or existing sea or air port of entry.
            ``(B) An existing Federal Government-owned land port of 
        entry.
            ``(C) A new Federal Government-owned land port of entry 
        if--
                ``(i) the fair market value of the donation is 
            $50,000,000 or less; and
                ``(ii) the fair market value, including any personal 
            and real property donations in total, of such port of entry 
            when completed, is $50,000,000 or less.
        ``(2) Use.--Donations accepted pursuant to this subsection may 
    be used for activities of the Office of Field Operations set forth 
    in section 411(g), which are related to the construction, 
    alteration, operation, or maintenance of a new or existing sea or 
    air port of entry or a new or existing a Federal Government-owned 
    land port of entry described in paragraph (1), including expenses 
    related to--
            ``(A) land acquisition, design, construction, repair, or 
        alteration; and
            ``(B) operation and maintenance of such port of entry 
        facility.
        ``(3) Limitation on real property donations.--A donation of 
    real property under this subsection at an existing land port of 
    entry owned by the General Services Administration may only be 
    accepted by the Administrator of General Services.
        ``(4) Sunset.--
            ``(A) In general.--The authority to enter into an agreement 
        under this subsection shall terminate on the date that is 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) Criteria.--In carrying out an agreement entered into 
    under subsection (a) or (b), the Commissioner of U.S. Customs and 
    Border Protection, in consultation with the Administrator of 
    General Services, shall establish criteria regarding--
            ``(A) the selection and evaluation of donors;
            ``(B) the identification of roles and responsibilities 
        between U.S. Customs and Border Protection, the General 
        Services Administration, and donors;
            ``(C) the identification, allocation, and management of 
        explicit and implicit risks of partnering between the Federal 
        Government and donors;
            ``(D) decision-making and dispute resolution processes; and
            ``(E) processes for U.S. Customs and Border Protection, and 
        the General Services Administration, as applicable, to 
        terminate agreements if selected donors are not meeting the 
        terms of any such agreement, including the security standards 
        established by U.S. Customs and Border Protection.
        ``(3) Evaluation procedures.--
            ``(A) In general.--The Commissioner of U.S. Customs and 
        Border Protection, in consultation with the Administrator of 
        General Services, as applicable, shall--
                ``(i) establish criteria for evaluating a proposal to 
            enter into an agreement under subsection (a) or (b); and
                ``(ii) make such criteria publicly available.
            ``(B) Considerations.--Criteria established pursuant to 
        subparagraph (A) shall consider--
                ``(i) the impact of a proposal referred to in such 
            subparagraph on the land, sea, or air port of entry at 
            issue and other ports of entry or similar facilities or 
            other infrastructure near the location of the proposed 
            donation;
                ``(ii) such proposal's potential to increase trade and 
            travel efficiency through added capacity;
                ``(iii) such proposal's potential to enhance the 
            security of the port of entry at issue;
                ``(iv) the impact of the proposal on reducing wait 
            times at that port of entry or facility and other ports of 
            entry on the same border;
                ``(v) for a donation under subsection (b)--

                    ``(I) whether such donation satisfies the 
                requirements of such proposal, or whether additional 
                real property would be required; and
                    ``(II) how such donation was acquired, including if 
                eminent domain was used;

                ``(vi) the funding available to complete the intended 
            use of such donation;
                ``(vii) the costs of maintaining and operating such 
            donation;
                ``(viii) the impact of such proposal on U.S. Customs 
            and Border Protection staffing requirements; and
                ``(ix) other factors that the Commissioner or 
            Administrator determines to be relevant.
            ``(C) Determination and notification.--
                ``(i) Incomplete proposals.--

                    ``(I) In general.--Not later than 60 days after 
                receiving the proposals for a donation agreement from 
                an entity, the Commissioner of U.S. Customs and Border 
                Protection shall notify such entity as to whether such 
                proposal is complete or incomplete.
                    ``(II) Resubmission.--If the Commissioner of U.S. 
                Customs and Border Protection determines that a 
                proposal is incomplete, the Commissioner shall--

                        ``(aa) notify the appropriate entity and 
                    provide such entity with a description of all 
                    information or material that is needed to complete 
                    review of the proposal; and
                        ``(bb) allow the entity to resubmit the 
                    proposal with additional information and material 
                    described in item (aa) to complete the proposal.
                ``(ii) Complete proposals.--Not later than 180 days 
            after receiving a completed proposal to enter into an 
            agreement under subsection (a) or (b), the Commissioner of 
            U.S. Customs and Border Protection, with the concurrence of 
            the Administrator of General Services, as applicable, 
            shall--

                    ``(I) determine whether to approve or deny such 
                proposal; and
                    ``(II) notify the entity that submitted such 
                proposal of such determination.

        ``(4) Supplemental funding.--Except as required under section 
    3307 of title 40, United States Code, real property donations to 
    the Administrator of General Services made pursuant to subsection 
    (a) and (b) at a GSA-owned land port of entry may be used in 
    addition to any other funding for such purpose, including 
    appropriated funds, property, or services.
        ``(5) Return of donations.--The Commissioner of U.S. Customs 
    and Border Protection, or the Administrator of General Services, as 
    applicable, may return any donation made pursuant to subsection (a) 
    or (b). No interest shall be owed to the donor with respect to any 
    donation provided under such subsections that is returned pursuant 
    to this subsection.
        ``(6) Prohibition on certain funding.--
            ``(A) In general.--Except as provided in subsections (a) 
        and (b) regarding the acceptance of donations, the Commissioner 
        of U.S. Customs and Border Protection and the Administrator of 
        General Services, as applicable, may not, with respect to an 
        agreement entered into under either of such subsections, 
        obligate or expend amounts in excess of amounts that have been 
        appropriated pursuant to any appropriations Act for purposes 
        specified in either of such subsections or otherwise made 
        available for any of such purposes.
            ``(B) Certification requirement.--Before accepting any 
        donations pursuant to an agreement under subsection (a) or (b), 
        the Commissioner of U.S. Customs and Border Protection shall 
        certify to the congressional committees set forth in paragraph 
        (7) that the donation will not be used for the construction of 
        a detention facility or a border fence or wall.
        ``(7) Annual reports.--The Commissioner of U.S. Customs and 
    Border Protection, in collaboration with the Administrator of 
    General Services, as applicable, shall submit an annual report 
    identifying the activities undertaken and agreements entered into 
    pursuant to subsections (a) and (b) to--
            ``(A) the Committee on Appropriations of the Senate;
            ``(B) the Committee on Environment and Public Works of the 
        Senate;
            ``(C) the Committee on Finance of the Senate;
            ``(D) the Committee on Homeland Security and Governmental 
        Affairs of the Senate;
            ``(E) the Committee on the Judiciary of the Senate;
            ``(F) the Committee on Appropriations of the House of 
        Representatives;
            ``(G) the Committee on Homeland Security of the House of 
        Representatives;
            ``(H) the Committee on the Judiciary of the House of 
        Representatives;
            ``(I) the Committee on Transportation and Infrastructure of 
        the House of Representatives; and
            ``(J) the Committee on Ways and Means of the House of 
        Representatives.
    ``(d) GAO Report.--The Comptroller General of the United States 
shall submit an annual report to the congressional committees referred 
to in subsection (c)(7) that evaluates--
        ``(1) fee agreements entered into pursuant to section 481;
        ``(2) donation agreements entered into pursuant to subsections 
    (a) and (b); and
        ``(3) the fees and donations received by U.S. Customs and 
    Border Protection pursuant to such agreements.
    ``(e) Judicial Review.--Decisions of the Commissioner of U.S. 
Customs and Border Protection and the Administrator of the General 
Services Administration under this section regarding the acceptance of 
real or personal property are in the discretion of the Commissioner and 
the Administrator and are not subject to judicial review.
    ``(f) Rule of Construction.--Except as otherwise provided in this 
section, nothing in this section may be construed as affecting in any 
manner the responsibilities, duties, or authorities of U.S. Customs and 
Border Protection or the General Services Administration.
    ``SEC. 483. CURRENT AND PROPOSED AGREEMENTS.
    ``Nothing in this subtitle or in section 4 of the Cross-Border 
Trade Enhancement Act of 2016 may be construed as affecting--
        ``(1) any agreement entered into pursuant to section 560 of 
    division D of the Consolidated and Further Continuing 
    Appropriations Act, 2013 (Public Law 113-6) or section 559 of title 
    V of division F of the Consolidated Appropriations Act, 2014 (6 
    U.S.C. 211 note; Public Law 113-76), as in 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. DEFINITIONS.
    ``In this subtitle:
        ``(1) Donor.--The term `donor' means any entity that is 
    proposing to make a donation under this Act.
        ``(2) Entity.--The term `entity' means any--
            ``(A) person;
            ``(B) partnership, corporation, trust, estate, cooperative, 
        association, or any other organized group of persons;
            ``(C) Federal, State or local government (including any 
        subdivision, agency or instrumentality thereof); or
            ``(D) any other private or governmental entity.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by adding at the end of 
the list of items relating to title IV the following:

    ``Subtitle G--U.S. Customs and Border Protection Public Private 
                              Partnerships

``Sec. 481. Fee agreements for certain services at ports of entry.
``Sec. 482. Port of entry donation authority.
``Sec. 483. Current and proposed agreements.
``Sec. 484. Definitions.''.
SEC. 3. MODIFICATION OF EXISTING REPORTS TO CONGRESS.
    Section 907(b) of the Trade Facilitation and Trade Enforcement Act 
of 2015 (Public Law 114-125) is amended--
        (1) in paragraph (3), by striking ``or'' at the end;
        (2) in paragraph (4), by striking the period at the end and 
    inserting ``; or''; and
        (3) by adding at the end the following:
        ``(5) the program for entering into reimbursable fee 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) 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
        ``(5) is a veteran (as defined in section 2108 of title 5, 
    United States Code).''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.