[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 875 Received in Senate (RDS)]

<DOC>
114th CONGRESS
  2d Session
                                H. R. 875


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 7, 2016

                                Received

_______________________________________________________________________

                                 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).''.

            Passed the House of Representatives December 6, 2016.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.