[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3279 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3279

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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 7, 2012

 Mr. Cornyn (for himself and Mrs. Hutchison) introduced the following 
 bill; which was read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cross-Border Trade Enhancement Act 
of 2012''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator; administration.--The terms 
        ``Administrator'' and ``Administration'' mean the Administrator 
        of General Services and the General Services Administration, 
        respectively.
            (2) Person.--The term ``person'' means--
                    (A) an individual; or
                    (B) a corporation, partnership, trust, association, 
                or any other public or private entity, including a 
                State or local government.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.

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.--
            (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--
                    (A) U.S. Customs and Border Protection will provide 
                services described in paragraph (2) at a land border 
                port of entry; and
                    (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.
            (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.
    (b) Fee.--
            (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--
                    (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; 
                and
                    (B) any other costs incurred by U.S. Customs and 
                Border Protection in providing services pursuant to 
                agreements entered into under subsection (a).
            (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.
            (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--
                    (A) be credited as an offsetting collection to the 
                account that finances the salaries and expenses of U.S. 
                Customs and Border Protection;
                    (B) be available for expenditure only to pay the 
                costs of providing services pursuant to that agreement; 
                and
                    (C) remain available until expended without fiscal 
                year limitation.

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--
            (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; or
            (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.
    (b) Requirements.--The procedures established under subsection (a) 
shall provide, at a minimum, for the following:
            (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--
                    (A) make a determination with respect to whether or 
                not to approve the proposal; and
                    (B) notify the person that submitted the proposal 
                of--
                            (i) the determination; and
                            (ii) if the Administrator did not approve 
                        the proposal, the reasons for the 
                        determination.
            (2) In determining whether or not to approve such a 
        proposal, the Administrator shall consider--
                    (A) the impact of the proposal on reducing wait 
                times at that port of entry 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.
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