S.Amdt. 3565

SA 3565. Mr. CORNYN (for himself, Mr. Flake, Mr. Heller, and Mr.
McCain) submitted an amendment intended to be proposed to amendment SA
3464 submitted by Mr. Thune (for himself and Mr. Nelson) to the bill
H.R. 636, to amend the Internal Revenue Code of 1986 to permanently
extend increased expensing limitations, and for other purposes; which
was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

TITLE __--CROSS-BORDER TRADE ENHANCEMENT ACT OF 2016

SEC. _01. SHORT TITLE.

This title may be cited as the ``Cross-Border Trade
Enhancement Act of 2016''.

SEC. _02. REPEAL AND TRANSITION PROVISION.

(a) Repeal.--Subject to subsections (b) and (c), section
560 of the Department of Homeland Security Appropriations
Act, 2013 (division D of Public Law 113-6; 127 Stat. 378) and
section 559 of the Department of Homeland Security
Appropriations Act, 2014 (division F of Public Law 113-76; 6
U.S.C. 211 note) are repealed.
(b) Agreements in Effect.--Notwithstanding subsection (a),
nothing in this Act may be construed as affecting in any
manner an agreement entered into pursuant to section 560 of
the Department of Homeland Security Appropriations Act, 2013
(division D of Public Law 113-6; 127 Stat. 378) or section
559 of the Department of Homeland Security Appropriations
Act, 2014 (division F of Public Law 113-76; 6 U.S.C. 211
note) that is in effect on the day before the date of the
enactment of this Act, and any such agreement shall continue
to have full force and effect on and after such date.
(c) Proposed Agreements.--Notwithstanding subsection (a),
nothing in this Act may be construed as affecting in any
manner a proposal accepted for consideration by U.S. Customs
and Border Protection pursuant to section 559 of the
Department of Homeland Security Appropriations Act, 2014
(division F of Public Law 113-76; 6 U.S.C. 211 note) that was
accepted prior to the date of the enactment of this Act.

SEC. _03. DEFINITIONS.

In this title:
(1) Administration.--The term ``Administration'' mean the
General Services Administration.
(2) Administrator.--The term ``Administrator'' mean the
Administrator of the Administration.
(3) Commissioner.--The term ``Commissioner'' means the
Commissioner of U.S. Customs and Border Protection.
(4) Donation agreement.--The term ``donation agreement''
means an agreement made under section _05(a).
(5) Fee agreement.--The term ``fee agreement'' means an
agreement made by the Commissioner under section _04(a)(1).
(6) Person.--The term ``person'' means--
(A) an individual;
(B) a corporation, partnership, trust, estate, association,
or any other private or public entity;
(C) a Federal, State, or local government;
(D) any subdivision, agency, or instrumentality of a
Federal, State, or local government; or
(E) any other governmental entity.
(7) Relevant committees of congress.--The term ``relevant
committees of Congress'' means--
(A) the Committee on Environment and Public Works, the
Committee on Finance, the Committee on Homeland Security and
Governmental Affairs, and the Committee on the Judiciary of
the Senate; and
(B) the Committee on Homeland Security, the Committee on
the Judiciary, and the Committee on Transportation and
Infrastructure of the House of Representatives.

SEC. _04. AUTHORITY TO ENTER INTO FEE AGREEMENTS FOR THE
PROVISION OF CERTAIN SERVICES OF U.S. CUSTOMS
AND BORDER PROTECTION.

(a) Fee Agreements.--
(1) Authority for fee agreements.--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 may, upon the
request of any person, enter into an agreement with that
person under which--
(A) U.S. Customs and Border Protection will provide the
services described in paragraph (2) at a port of entry or any
other facility where U.S. Customs and Border Protection
provides or will provide services;
(B) such person will remit a fee imposed under subsection
(b) to U.S. Customs and Border Protection in an amount equal
to the full costs incurred or that will be incurred in
providing such services; and
(C) any additional facilities which U.S. Customs and Border
Protection deems necessary for the provision of services
under an agreement entered into under this section shall be
provided, maintained, and equipped by such person in
accordance with U.S. Customs and Border Protection
specifications.
(2) Services described.--Services described in this
paragraph are any services related to, or in support of,
customs, agricultural processing, border security, or
inspection-related immigration matters provided by an
employee or contractor of U.S. Customs and Border Protection
at ports of entry or any other facility where U.S. Customs
and Border Protection provides or will provide services.
(3) Modification of prior agreements.--The Commissioner, at
the request of a person 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 Act, may modify such agreement to implement any
provisions of this title.
(4) Numerical limitations.--Except as provided in
paragraphs (5) and (6), there shall be no limit to the number
of fee agreements that may be entered into by the
Commissioner.
(5) Authority for numerical limitations.--
(A) Resource availability.--If the Commissioner finds that
resource or allocation constraints would prevent U.S. Customs
and Border Protection from fulfilling, in whole or in part,
requests for services under the terms of existing or proposed
fee agreements, the Commissioner shall impose annual limits
on the number of new fee agreements.
(B) Annual review.--If the Commissioner limits the number
of new fee agreements under this paragraph, the Commissioner
shall annually evaluate and reassess such limits and publish
the results of such evaluation and affirm any such limits
that shall remain in effect in a publicly available format.
(6) Numerical limitations at air ports of entry.--
(A) In general.--The Commissioner may not enter into more
than 10 fee agreements

[[Page S1858]]

per year to provide U.S. Customs and Border Protection
services at air ports of entry.
(B) Certain costs.--A fee agreement for U.S. Customs and
Border Protection services at an air port of entry may only
provide for the reimbursement of--
(i) salaries and expenses of not more than 5 full-time
equivalent U.S. Customs and Border Protection officers;
(ii) costs incurred by U.S. Customs and Border Protection
for the payment of overtime to employee;
(iii) the salaries and expenses of employees of U.S.
Customs and Border Protection to support U.S. customs and
Border Protection officers in performing law enforcement
functions at air ports of entry, including primary and
secondary processing of passengers; and
(iv) other costs incurred by U.S. Customs and Border
Protection relating to services described in paragraph (2),
such as temporary placement or permanent relocation of such
employees.
(C) Preclearance.--The authority in the section may not be
used to enter into new preclearance agreements or initiate
the provision of U.S. Customs and Border Protection services
outside of the United States.
(7) Denied application.--If the Commissioner denies a
proposal for a fee agreement, the Commission shall provide
the person who submitted the proposal a detailed
justification for the denial.
(8) Construction.--Nothing in this section may be
construed--
(A) to require a person entering into a fee agreement to
cover costs that are otherwise the responsibility of the U.S.
Customs and Border Protection or any other agency of the
Federal Government and are not incurred, or expected to be
incurred, to cover services specifically covered by an
agreement entered into under authorities provided by this
title; or
(B) to unduly and permanently reduce the responsibilities
or duties of U.S. Customs and Border Protection to provide
services at ports of entry that have been authorized or
mandated by law and are funded in any appropriation Act or
from any accounts in the Treasury of the United States
derived by the collection of fees.
(b) Fee.--
(1) In general.--A person who enters into a fee agreement
shall pay a fee pursuant to such agreement in an amount equal
to the full cost of U.S. Customs and Border Protection--
(A) of the salaries and expenses of individuals employed or
contracted by U.S. Customs and Border Protection to provide
such services; and
(B) of other costs incurred by U.S. Customs and Border
Protection related to providing such services, such as
temporary placement or permanent relocation of employees.
(2) Advance payment.--The Commissioner, with approval from
a person requesting services of U.S. Customs and Border
Protection services pursuant to a fee agreement, may accept
the fee for services prior to providing such services.
(3) Oversight of fees.--The Commissioner shall develop a
process to oversee the activities for which fees are charged
pursuant to a fee agreement that includes the following:
(A) A determination and report on the full cost of
providing services, including direct and indirect costs, as
well as a process, through consultation with affected parties
and other interested stakeholders, for increasing such fees
as necessary.
(B) The establishment of a periodic remittance schedule to
replenish appropriations, accounts or funds, as necessary.
(C) The identification of costs paid by such fees.
(4) Deposit of funds.--Amounts collected pursuant to a fee
agreement shall--
(A) be deposited as an offsetting collection;
(B) remain available until expended, without fiscal year
limitation; and
(C) be credited to the applicable appropriation, account,
or fund for the amount paid out of that appropriation,
account, or fund for--
(i) any expenses incurred or to be incurred by U.S. Customs
and Border Protection in providing such services; and
(ii) any other costs incurred by U.S. Customs and Border
Protection relating to such services.
(5) Termination by the commissioner.--
(A) In general.--The Commissioner shall terminate the
services provided pursuant to a fee agreement with a person
that, after receiving notice from the Commissioner that a fee
imposed under the fee agreement is due, fails to pay such fee
in a timely manner.
(B) Effect of termination.--At the time services are
terminated pursuant to subparagraph (A), all costs incurred
by U.S. Customs and Border Protection which have not been
paid, will become immediately due and payable.
(C) Interest.--Interest on unpaid fees will accrue based on
the quarterly rate(s) established under sections 6621 and
6622 of the Internal Revenue Code of 1986.
(D) Penalties.--Any person that fails to pay any fee
incurred under a fee agreement in a timely manner, after
notice and demand for payment, shall be liable for a penalty
or liquidated damage equal to 2 times the amount of such fee.
(E) Amount collected.--Any amount collected pursuant to a
fee agreement shall be deposited into the account specified
under paragraph (4) and shall be available as described
therein.
(F) Return of unused funds.--The Commissioner shall return
any unused funds collected under a fee agreement that is
terminated for any reason, or in the event that the terms of
such 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 unused funds.
(i)
(6) Termination by the sponsor.--Any person 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 Act, or under the provisions of
this Act, may request that such agreement make provision for
termination at the request of such person upon advance
notice, the length and terms of which shall be negotiated
between such person and U.S. Customs and Border Protection.
(c) Annual Report and Notice to Congress.--The Commissioner
shall--
(1) submit to the relevant committees of Congress an annual
report that identifies each fee agreement made during the
previous year and, consistent with the requirements of
section 907 of the Trade Facilitation and Trade Enforcement
Act of 2015 (Public Law 114-125), or pertaining to
authorities and programs repealed and transitioned under
section __02 of this title or otherwise authorized by this
section; and
(2) not less than 3 days before entering into a fee
agreement, notify the members of Congress that represent the
State or district in which the affected port or facility is
located.
(d) Effective Period.--The authority for the Commission to
enter into new fee agreements shall be in effect until
September 30, 2025. Any fee agreement entered into prior to
that date shall remain in effect under the terms of that fee
agreement.

SEC. _05. AUTHORITY TO ENTER INTO AGREEMENTS TO ACCEPT
DONATIONS FOR PORTS OF ENTRY.

(a) Agreements Authorized.--
(1) Commissioner.--The Commissioner, in collaboration with
the Administrator as provided under subsection (f), may enter
into an agreement with any person to accept a donation of
real or personal property, including monetary donations, or
nonpersonal services, for activities in subsection (b) at a
new or existing land, sea, or air port of entry, or any
facility or other infrastructure at a location where U.S.
Customs and Border Protection performs or will be performing
inspection services within the United States.
(2) Administrator.--Where the Administrator owns or leases
a new or existing land port of entry, facility, or other
infrastructure at a location where U.S. Customs and Border
Protection performs or will be performing inspection
services, the Administrator, in collaboration with the
Commissioner, may enter into an agreement with any person to
accept a donation of real or personal property, including
monetary donations, or nonpersonal services, at that location
for activities set forth in subsection (b).
(b) Use.--A donation made under a donation agreement may be
used for activities related to construction, alteration,
operation or maintenance, including expenses related to--
(1) land acquisition, design, construction, repair, and
alteration;
(2) furniture, fixtures, equipment, and technology,
including installation and the deployment thereof; and
(3) operation and maintenance of the facility,
infrastructure, equipment, and technology.
(c) Limitation on Monetary Donations.--Any monetary
donation accepted pursuant to a donation agreement may not be
used to pay the salaries of employees of U.S. Customs and
Border Protection who perform inspection services.
(d) Transfer.--
(1) Authority to transfer.--Donations accepted by the
Commissioner or the Administrator under a donation agreement
may be transferred between U.S. Customs and Border Protection
and the Administration.
(2) Notification.--Prior to executing a transfer under this
subsection, the Commissioner or Administrator shall notify a
person that entered into the donation agreement of an intent
to transfer the donated property or services.
(e) Term of Donation Agreement.--The term of a donation
agreement may be as long as is required to meet the terms of
the agreement.
(f) Role of Administrator.--The Administrator's role,
involvement, and authority under this section is limited with
respect to donations made at new or existing land ports of
entry, facilities, or other infrastructure owned or leased by
the Administration.
(g) Evaluation Procedures.--
(1) Requirements for procedures.--Not later than 180 days
after the date of enactment, the Commissioner, in
consultation with the Administrator as appropriate, shall
issue procedures for evaluating proposals for donation
agreements.
(2) Availability.--The procedures issued under paragraph
(1) shall be made available to the public.
(3) Cost-sharing arrangements.--In issuing the procedures
under paragraph (1), the Commissioner, in consultation with
the Administration, shall evaluate the use of authorities
provided under this section to enter into cost-sharing or
reimbursement agreements with eligible persons and determine
whether such agreements may improve facility conditions or
inspection services at new or existing land, sea, or air
ports of entry.

[[Page S1859]]

(h) Determination and Notification.--
(1) In general.--Not later than 60 days after receiving a
proposal for a donation agreement, the Commissioner, and
Administrator if applicable, shall notify the person that
submitted the proposal as to whether it is complete or
incomplete.
(2) Incomplete proposals.--If the Commissioner, and
Administrator if applicable, determines that a proposal is
incomplete, the person that submitted the proposal shall be
notified and provided with--
(A) a detailed description of all specific information or
material that is needed to complete review of the proposal;
and
(B) allow the person to resubmit the proposal with
additional information and material described under
subparagraph (A) to complete the proposal.
(3) Complete applications.--Not later than 180 days after
receiving a completed and final proposal for a donation
agreement, the Commissioner, and Administrator if applicable,
shall--
(A) make a determination whether to deny or approve the
proposal; and
(B) notify the person that submitted the proposal of the
determination.
(4) Considerations.--In making the determination under
paragraph (3)(A), the Commissioner, and Administrator if
applicable, shall consider--
(A) 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;
(B) the potential of the proposal to increase trade and
travel efficiency through added capacity; and
(C) the potential of the proposal to enhance the security
of the port of entry or facility.
(i) Supplemental Funding.--Any property, including monetary
donations and nonpersonal services, donated pursuant to a
donation agreement may be used in addition to any other
funds, including appropriated funds, property, or services
made available for the same purpose.
(j) Return of Donation.--If the Commissioner or the
Administrator does not use the property or services donated
pursuant to a donation agreement, such donated property or
services shall be returned to the person that made the
donation.
(k) Interest Prohibited.--No interest may be owed on any
donation returned to a person under this subsection.
(l) Annual Report and Notice to Congress.--The
Commissioner, in collaboration with the Administrator if
applicable, shall--
(1) submit to the relevant committees of Congress an annual
report that identifies each donation agreement made during
the previous year; and
(2) not less than 3 days before entering into a donation
agreement, notify the members of Congress that represent the
State or district in which the affected port or facility is
located.
(m) 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
Administration.
(n) Effective Period.--The authority for the Commission or
the Administrator to enter into new donation agreements shall
be in effect until September 30, 2025. Any donation agreement
entered into prior to that date shall remain in effect under
the terms of that donation agreement.
______