[Congressional Record Volume 162, Number 170 (Tuesday, November 29, 2016)]
[Senate]
[Pages S6556-S6560]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 5113. Mr. McCONNELL (for Mr. Grassley (for himself, Mrs. 
Gillibrand, Mr. Hatch, Mr. Blunt, Mr. Schumer, and Mr. Coons)) proposed 
an amendment to the bill S. 2944, to require adequate reporting on the 
Public Safety Officers' Benefits program, and for other purposes; as 
follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Public Safety Officers' 
     Benefits Improvement Act of 2016''.

     SEC. 2. REPORTS.

       Section 1205 of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3796c) is amended--
       (1) in subsection (a), by inserting ``Rules, regulations, 
     and procedures issued under this part may include regulations 
     based on standards developed by another Federal agency for 
     programs related to public safety officer death or disability 
     claims.'' before the last sentence;
       (2) in subsection (b)--
       (A) by inserting ``(1)'' before ``In making''; and
       (B) by adding at the end the following:
       ``(2) In making a determination under section 1201, the 
     Bureau shall give substantial weight to the evidence and all 
     findings of fact presented by a State, local, or Federal 
     administrative or investigative agency regarding eligibility 
     for death or disability benefits.''; and
       (3) by adding at the end the following:
       ``(e)(1)(A) Not later than 30 days after the date of 
     enactment of this subsection, the Bureau shall make available 
     on the public website of the Bureau information on all death, 
     disability, and educational assistance claims submitted under 
     this part that are pending as of the date on which the 
     information is made available.
       ``(B) Not less frequently than once per week, the Bureau 
     shall make available on the public website of the Bureau 
     updated information with respect to all death, disability, 
     and educational assistance claims submitted under this part 
     that are pending as of the date on which the information is 
     made available.
       ``(C) The information made available under this paragraph 
     shall include--
       ``(i) for each pending claim--
       ``(I) the date on which the claim was submitted to the 
     Bureau;
       ``(II) the State of residence of the claimant;
       ``(III) an anonymized, identifying claim number; and
       ``(IV) the nature of the claim; and
       ``(ii) the total number of pending claims that were 
     submitted to the Bureau more than 1 year before the date on 
     which the information is made available.
       ``(2)(A) Not later than 180 days after the date of 
     enactment of this subsection, and every 180 days thereafter, 
     the Bureau shall submit to Congress a report on the death, 
     disability, and educational assistance claims submitted under 
     this part.
       ``(B) Each report submitted under subparagraph (A) shall 
     include information on--
       ``(i) the total number of claims for which a final 
     determination has been made during the 180-day period 
     preceding the report;
       ``(ii) the amount of time required to process each claim 
     for which a final determination has been made during the 180-
     day period preceding the report;
       ``(iii) as of the last day of the 180-day period preceding 
     the report, the total number of claims submitted to the 
     Bureau on or before that date for which a final determination 
     has not been made;
       ``(iv) as of the last day of the 180-day period preceding 
     the report, the total number of claims submitted to the 
     Bureau on or before the date that is 1 year before that date 
     for which a final determination has not been made;
       ``(v) for each claim described in clause (iv), a detailed 
     description of the basis for delay;
       ``(vi) as of the last day of the 180-day period preceding 
     the report, the total number

[[Page S6557]]

     of claims submitted to the Bureau on or before that date 
     relating to exposure due to the September 11th, 2001, 
     terrorism attacks for which a final determination has not 
     been made;
       ``(vii) as of the last day of the 180-day period preceding 
     the report, the total number of claims submitted to the 
     Bureau on or before the date that is 1 year before that date 
     relating to exposure due to the September 11th, 2001, 
     terrorism attacks for which a final determination has not 
     been made;
       ``(viii) for each claim described in clause (vii), a 
     detailed description of the basis for delay;
       ``(ix) the total number of claims submitted to the Bureau 
     relating to exposure due to the September 11th, 2001, 
     terrorism attacks for which a final determination was made 
     during the 180-day period preceding the report, and the 
     average award amount for any such claims that were approved;
       ``(x) the result of each claim for which a final 
     determination was made during the 180-day period preceding 
     the report, including the number of claims rejected and the 
     basis for any denial of benefits;
       ``(xi) the number of final determinations which were 
     appealed during the 180-day period preceding the report, 
     regardless of when the final determination was first made;
       ``(xii) the average number of claims processed per reviewer 
     of the Bureau during the 180-day period preceding the report;
       ``(xiii) for any claim submitted to the Bureau that 
     required the submission of additional information from a 
     public agency, and for which the public agency completed 
     providing all of the required information during the 180-day 
     period preceding the report, the average length of the period 
     beginning on the date the public agency was contacted by the 
     Bureau and ending on the date on which the public agency 
     submitted all required information to the Bureau;
       ``(xiv) for any claim submitted to the Bureau for which the 
     Bureau issued a subpoena to a public agency during the 180-
     day period preceding the report in order to obtain 
     information or documentation necessary to determine the 
     claim, the name of the public agency, the date on which the 
     subpoena was issued, and the dates on which the public agency 
     was contacted by the Bureau before the issuance of the 
     subpoena; and
       ``(xv) information on the compliance of the Bureau with the 
     obligation to offset award amounts under section 1201(f)(3), 
     including--
       ``(I) the number of claims that are eligible for 
     compensation under both this part and the September 11th 
     Victim Compensation Fund of 2001 (49 U.S.C. 40101 note; 
     Public Law 107-42) (commonly referred to as the `VCF');
       ``(II) for each claim described in subclause (I) for which 
     compensation has been paid under the VCF, the amount of 
     compensation paid under the VCF;
       ``(III) the number of claims described in subclause (I) for 
     which the Bureau has made a final determination; and
       ``(IV) the number of claims described in subclause (I) for 
     which the Bureau has not made a final determination.
       ``(3) Not later than 5 years after the date of enactment of 
     the Public Safety Officers' Benefits Improvement Act of 2016, 
     and every 5 years thereafter, the Comptroller General of the 
     United States shall--
       ``(A) conduct a study on the compliance of the Bureau with 
     the obligation to offset award amounts under section 
     1201(f)(3); and
       ``(B) submit to Congress a report on the study conducted 
     under subparagraph (A) that includes an assessment of whether 
     the Bureau has provided the information required under 
     subparagraph (B)(ix) of paragraph (2) of this subsection in 
     each report required under that paragraph.
       ``(4) In this subsection, the term `nature of the claim' 
     means whether the claim is a claim for--
       ``(A) benefits under this subpart with respect to the death 
     of a public safety officer;
       ``(B) benefits under this subpart with respect to the 
     disability of a public safety officer; or
       ``(C) education assistance under subpart 2.''.

     SEC. 3. AGE LIMITATION FOR CHILDREN.

       Section 1212(c) of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3796d-1(c)) is amended--
       (1) by striking ``No child'' and inserting the following:
       ``(1) In general.--Subject to paragraph (2), no child''; 
     and
       (2) by adding at the end the following:
       ``(2) Delayed approvals.--
       ``(A) Educational assistance application.--If a claim for 
     assistance under this subpart is approved more than 1 year 
     after the date on which the application for such assistance 
     is filed with the Attorney General, the age limitation under 
     this subsection shall be extended by the length of the 
     period--
       ``(i) beginning on the day after the date that is 1 year 
     after the date on which the application is filed; and
       ``(ii) ending on the date on which the application is 
     approved.
       ``(B) Claim for benefits for death or permanent and total 
     disability.--In addition to an extension under subparagraph 
     (A), if any, for an application for assistance under this 
     subpart that relates to a claim for benefits under subpart 1 
     that was approved more than 1 year after the date on which 
     the claim was filed with the Attorney General, the age 
     limitation under this subsection shall be extended by the 
     length of the period--
       ``(i) beginning on the day after the date that is 1 year 
     after the date on which the claim for benefits is submitted; 
     and
       ``(ii) ending on the date on which the claim for benefits 
     is approved.''.

     SEC. 4. DUE DILIGENCE IN PAYING BENEFIT CLAIMS.

       Subpart 1 of part L of title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 1206. DUE DILIGENCE IN PAYING BENEFIT CLAIMS.

       ``(a) In General.--The Bureau, with all due diligence, 
     shall expeditiously attempt to obtain the information and 
     documentation necessary to adjudicate a benefit claim filed 
     under this part, including a claim for financial assistance 
     under subpart 2.
       ``(b) Sufficient Information Unavailable.--If a benefit 
     claim filed under this part, including a claim for financial 
     assistance under subpart 2, is unable to be adjudicated by 
     the Bureau because of a lack of information or documentation 
     from a third party, such as a public agency, the Bureau may 
     not abandon the benefit claim unless the Bureau has utilized 
     the investigative tools available to the Bureau to obtain the 
     necessary information or documentation, including 
     subpoenas.''.

     SEC. 5. PRESUMPTION THAT OFFICER ACTED PROPERLY.

       Section 1202 of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3796a) is amended--
       (1) by striking ``No benefit'' and inserting the following:
       ``(a) In General.--No benefit''; and
       (2) by adding at the end the following:
       ``(b) Presumption.--In determining whether a benefit is 
     payable under this part, the Bureau shall--
       ``(1) presume that none of the limitations described in 
     subsection (a) apply; and
       ``(2) have the burden of establishing by clear and 
     convincing evidence that a limitation described in subsection 
     (a) applies.''.

     SEC. 6. EFFECTIVE DATE; APPLICABILITY.

       The amendments made by this Act shall--
       (1) take effect on the date of enactment of this Act; and
       (2) apply to any benefit claim or application under part L 
     of title I of the Omnibus Crime Control and Safe Streets Act 
     of 1968 (42 U.S.C. 3796 et seq.) that is--
       (A) pending before the Bureau of Justice Assistance on the 
     date of enactment; or
       (B) received by the Bureau on or after the date of 
     enactment of this Act.
                                 ______
                                 
  SA 5114. Mr. McCONNELL (for Mr. Grassley) proposed an amendment to 
the bill S. 2944, to require adequate reporting on the Public Safety 
Officers' Benefits program, and for other purposes; as follows:

       Amend the title so as to read: ``A bill to require adequate 
     reporting on the Public Safety Officers' Benefits program, 
     and for other purposes.''.
                                 ______
                                 
  SA 5115. Mr. McCONNELL (for Mr. Cornyn) proposed an amendment to the 
bill S. 461, 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; 
as follows:

       Strike all after the enacting clause and insert the 
     following:

     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

[[Page S6558]]

     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 law enforcement 
     missions.
       ``(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 that 5 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

[[Page S6559]]

     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 
     four 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;

[[Page S6560]]

       ``(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).''.
                                 ______
                                 
  SA 5116. Mr. McCONNELL (for Mr. Heller (for himself, Mrs. Feinstein, 
and Mr. Reid)) proposed an amendment to the bill S. 3438, to authorize 
the Secretary of Veterans Affairs to carry out a major medical facility 
project in Reno, Nevada; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. AUTHORIZATION OF CERTAIN MAJOR MEDICAL FACILITY 
                   PROJECTS OF THE DEPARTMENT OF VETERANS AFFAIRS.

       (a) In General.--The Secretary of Veterans Affairs may 
     carry out the following major medical facility projects, with 
     each project to be carried out in an amount not to exceed the 
     amount specified for that project:
       (1) Seismic, life safety, and utilities upgrades and 
     expansion of clinical services in Reno, Nevada, in an amount 
     not to exceed $213,800,000.
       (2) Seismic corrections to the mental health and community 
     living center in Long Beach, California, in an amount not to 
     exceed $317,300,000.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of Veterans Affairs for 
     fiscal year 2017 or the year in which funds are appropriated 
     for the Construction, Major Projects, account $531,100,000 
     for the projects authorized in subsection (a).
       (c) Limitation.--The projects authorized in subsection (a) 
     may only be carried out using--
       (1) funds appropriated for fiscal year 2017 or the year in 
     which funds are appropriated for the Construction, Major 
     Projects, account pursuant to the authorization of 
     appropriations in subsection (b);
       (2) funds available for Construction, Major Projects, for a 
     fiscal year before fiscal year 2017 that remain available for 
     obligation;
       (3) funds available for Construction, Major Projects, for a 
     fiscal year after fiscal year 2017 that remain available for 
     obligation;
       (4) funds appropriated for Construction, Major Projects, 
     for fiscal year 2017 for a category of activity not specific 
     to a project;
       (5) funds appropriated for Construction, Major Projects, 
     for a fiscal year before fiscal year 2017 for a category of 
     activity not specific to a project; and
       (6) funds appropriated for Construction, Major Projects, 
     for a fiscal year after fiscal year 2017 for a category of 
     activity not specific to a project.

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