H. R. 5964
IN THE HOUSE OF REPRESENTATIVES
June 19, 2012
Mr. Cuellar (for himself and Mr. McCaul) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on Transportation and Infrastructure and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
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.
This Act may be cited as the
Cross-Border Trade Enhancement Act of
In this Act:
The terms Administrator and Administration mean the Administrator of General Services and the General Services Administration, respectively.
The term person means—
an individual; or
a corporation, partnership, trust, association, or any other public or private entity, including a State or local government.
The term Secretary means the Secretary of Homeland Security.
Authority to enter into agreements for the provision of certain services at land border ports of entry
Authority To enter into agreements
Notwithstanding section 451 of the Tariff Act of 1930 (19 U.S.C. 1451), the Secretary may, during the 10-year period beginning on the date of the enactment of this Act and upon the request of any person, enter into an agreement with that person under which—
U.S. Customs and Border Protection will provide services described in paragraph (2) at a land border port of entry; and
that person will pay a fee imposed under subsection (b) to reimburse U.S. Customs and Border Protection for the costs incurred in providing such services.
Services described in this paragraph are any services related to customs and immigration matters provided by an employee or contractor of U.S. Customs and Border Protection at land border ports of entry.
The Secretary shall impose a fee on a person requesting the provision of services by U.S. Customs and Border Protection pursuant to an agreement entered into under subsection (a) to reimburse U.S. Customs and Border Protection for the costs of providing such services, including—
the salaries and expenses of the employees or contractors of U.S. Customs and Border Protection that provide such services and temporary placement or relocation costs for those employees or contractors; and
any other costs incurred by U.S. Customs and Border Protection in providing services pursuant to agreements entered into under subsection (a).
Failure to pay fee
U.S. Customs and Border Protection shall terminate the provision of services pursuant to an agreement entered into under subsection (a) with a person that, after receiving notice from the Secretary that a fee imposed under paragraph (1) is due, fails to pay the fee in a timely manner.
Receipts credited as offsetting collections
Notwithstanding section 3302 of title 31, United States Code, a fee collected under paragraph (1) pursuant to an agreement entered into under subsection (a) shall—
be credited as an offsetting collection to the account that finances the salaries and expenses of U.S. Customs and Border Protection;
be available for expenditure only to pay the costs of providing services pursuant to that agreement; and
remain available until expended without fiscal year limitation.
Evaluation of alternative financing arrangements for construction and maintenance of infrastructure at land border ports of entry
Not later than 180 days after the date of the enactment of this Act, the Administrator shall establish procedures for evaluating a proposal submitted by any person to—
enter into a cost-sharing or reimbursement agreement with the Administration to facilitate the construction or maintenance of a facility or other infrastructure at a land border port of entry; or
provide to the Administration an unconditional gift of property pursuant to section 3175 of title 40, United States Code, to be used in the construction or maintenance of a facility or other infrastructure at a land border port of entry.
The procedures established under subsection (a) shall provide, at a minimum, for the following:
Not later than 90 days after receiving a proposal pursuant to subsection (a) with respect to the construction or maintenance of a facility or other infrastructure at a land border port of entry, the Administrator shall—
make a determination with respect to whether or not to approve the proposal; and
notify the person that submitted the proposal of—
the determination; and
if the Administrator did not approve the proposal, the reasons for the determination.
In determining whether or not to approve such a proposal, the Administrator shall consider—
the impact of the proposal on reducing wait times at that port of entry and other ports of entry on the same border;
the potential of the proposal to increase trade and travel efficiency through added capacity; and
the potential of the proposal to enhance the security of the port of entry.