S. 461

Cross-Border Trade Enhancement Act of 2016

(Sec. 2) This bill amends the Homeland Security Act of 2002 to authorize the U.S. Customs and Border Protection (CBP) to enter into agreements with certain entities for the CBP to provide customs, agricultural processing, border security, or inspection-related immigration services at federal-owned land, or sea or air ports of entry, subject to payment of a fee to reimburse the CBP for providing such services. The bill prescribes requirements for the termination of CBP services and the imposition of a penalty after notice and demand for payment of fees not timely paid by an entity.

The CBP and the General Services Administration may enter into an agreement with an entity to accept donations of:

• personal property, money, or nonpersonal services for use in the purchase and installation of furniture and other equipment at new or existing sea or air ports of entry or new or existing federal-owned land ports of entry; or
• real property or money for use in the construction or maintenance of such facilities.

The CBP shall establish, and make available to the public, criteria for evaluating a proposal to enter into agreements to accept donations.

CBP and the Government Accountability Office shall report annually to specified congressional committees on CBP fee agreements and donations.

(Sec. 3) Modifies CBP reporting requirements under the Trade Facilitation and Trade Enforcement Act of 2015 to include reporting on reimbursable fee agreements with CBP.

(Sec. 4) The bill amends the Consolidated and Further Continuing Appropriations Act, 2013, and the Consolidated Appropriations Act, 2014, to repeal:

• CBP authority to enter into reimbursable fee agreements for a period of up to five years, and
• the partnership pilot program allowing CBP to enter into partnerships with the private sector and government entities at ports of entry for certain CBP services and to accept certain donations.

(Sec. 5) The bill amends the Anti-Border Corruption Act of 2010 to permit the CBP to waive certain polygraph examination requirements for certain qualifying applicants for law enforcement positions with CBP.