S 178 ISCommentsClose CommentsPermalink

113th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 178CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

January 30, 2013CommentsClose CommentsPermalink

Mr. CORNYN introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Cross-Border Trade Enhancement Act of 2013’.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) ADMINISTRATOR; ADMINISTRATION- The terms ‘Administrator’ and ‘Administration’ mean the Administrator of General Services and the General Services Administration, respectively.CommentsClose CommentsPermalink





(2) PERSON- The term ‘person’ means--CommentsClose CommentsPermalink





(A) an individual; orCommentsClose CommentsPermalink





(B) a corporation, partnership, trust, association, or any other public or private entity, including a State or local government.CommentsClose CommentsPermalink





(3) SECRETARY- The term ‘Secretary’ means the Secretary of Homeland Security.CommentsClose CommentsPermalink

SEC. 3. AUTHORITY TO ENTER INTO AGREEMENTS FOR THE PROVISION OF CERTAIN SERVICES AT LAND BORDER PORTS OF ENTRY.

(a) Authority To Enter Into Agreements-CommentsClose CommentsPermalink





(1) IN GENERAL- 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--CommentsClose CommentsPermalink





(A) U.S. Customs and Border Protection will provide services described in paragraph (2) at a land border port of entry; andCommentsClose CommentsPermalink





(B) 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.CommentsClose CommentsPermalink





(2) SERVICES DESCRIBED- 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.CommentsClose CommentsPermalink





(3) LIMITATION- Nothing in this paragraph may be construed to reduce the responsibilities or duties of U.S. Customs and Border Protection to provide services at land border 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.CommentsClose CommentsPermalink





(b) Fee-CommentsClose CommentsPermalink





(1) IN GENERAL- 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--CommentsClose CommentsPermalink





(A) 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; andCommentsClose CommentsPermalink





(B) any other costs incurred by U.S. Customs and Border Protection in providing services pursuant to agreements entered into under subsection (a).CommentsClose CommentsPermalink





(2) 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.CommentsClose CommentsPermalink





(3) 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--CommentsClose CommentsPermalink





(A) be credited as an offsetting collection to the account that finances the salaries and expenses of U.S. Customs and Border Protection;CommentsClose CommentsPermalink





(B) be available for expenditure only to pay the costs of providing services pursuant to that agreement; andCommentsClose CommentsPermalink





(C) remain available until expended without fiscal year limitation.CommentsClose CommentsPermalink

SEC. 4. EVALUATION OF ALTERNATIVE FINANCING ARRANGEMENTS FOR CONSTRUCTION AND MAINTENANCE OF INFRASTRUCTURE AT LAND BORDER PORTS OF ENTRY.

(a) In General- 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--CommentsClose CommentsPermalink





(1) 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; orCommentsClose CommentsPermalink





(2) 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.CommentsClose CommentsPermalink





(b) Requirements- The procedures established under subsection (a) shall provide, at a minimum, for the following:CommentsClose CommentsPermalink





(1) 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--CommentsClose CommentsPermalink





(A) make a determination with respect to whether or not to approve the proposal; andCommentsClose CommentsPermalink





(B) notify the person that submitted the proposal of--CommentsClose CommentsPermalink





(i) the determination; andCommentsClose CommentsPermalink





(ii) if the Administrator did not approve the proposal, the reasons for the determination.CommentsClose CommentsPermalink





(2) In determining whether or not to approve such a proposal, the Administrator shall consider--CommentsClose CommentsPermalink





(A) the impact of the proposal on reducing wait times at that port of entry and other ports of entry on the same border;CommentsClose CommentsPermalink





(B) the potential of the proposal to increase trade and travel efficiency through added capacity; andCommentsClose CommentsPermalink





(C) the potential of the proposal to enhance the security of the port of entry.CommentsClose CommentsPermalink