[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 461 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 461

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

                           February 11, 2015

  Mr. Cornyn (for himself and Ms. Klobuchar) 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 2015''.

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) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of U.S. Customs and Border Protection.
            (3) 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.
            (4) Relevant committees of congress.--The term ``relevant 
        committees of Congress'' means--
                    (A) the Committee on Environment and Public Works 
                of the Senate;
                    (B) the Committee on Finance of the Senate;
                    (C) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (D) the Committee on the Judiciary of the Senate;
                    (E) the Committee on Homeland Security of the House 
                of Representatives;
                    (F) the Committee on the Judiciary of the House of 
                Representatives; and
                    (G) the Committee on Transportation and 
                Infrastructure of the House of Representatives.

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), and consistent with 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) the 
        Commissioner 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 
                the services described in paragraph (2) at a land 
                border port of entry; and
                    (B) that person will pay the fee described in 
                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, agricultural 
        processing, border security, or inspection-related immigration 
        matters provided by an employee or contractor of U.S. Customs 
        and Border Protection at land border ports of entry.
            (3) Limitation.--The Commissioner may not modify existing 
        requirements or reimbursement fee agreements in effect as of 
        the date of the enactment of this Act unless the relevant 
        person requests a modification to include services described in 
        this section.
            (4) Savings provision.--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.
    (b) Fee.--
            (1) In general.--A person requesting U.S. Customs and 
        Border Protection services shall pay a fee pursuant to an 
        agreement under subsection (a) in an amount equal to the sum 
        of--
                    (A) a proportionate share of the salaries and 
                expenses of the individuals employed by U.S. Customs 
                and Border Protection who provided such services; and
                    (B) other costs incurred by U.S. Customs and Border 
                Protection relating to such services, such as temporary 
                placement or permanent relocation of such individuals.
            (2) Oversight of fees.--The Commissioner shall develop a 
        process to oversee the activities reimbursed by the fees 
        authorized under paragraph (1) that includes--
                    (A) a determination and report on the full cost of 
                providing services, including direct and indirect 
                costs;
                    (B) a process for increasing such fees, as 
                necessary;
                    (C) the establishment of a monthly remittance 
                schedule to reimburse appropriations; and
                    (D) the identification of overtime costs to be 
                reimbursed by such fees.
            (3) Deposit of funds.--Amounts collected in fees under 
        paragraph (1)--
                    (A) shall be deposited as an offsetting collection;
                    (B) shall remain available until expended, without 
                fiscal year limitation; and
                    (C) shall directly reimburse each appropriation 
                account for the amount paid out of such account for--
                            (i) any expenses incurred for providing 
                        U.S. Customs and Border Protection services to 
                        the person paying such fee; and
                            (ii) any other costs incurred by the U.S. 
                        Customs and Border Protection relating to such 
                        services.
            (4) Termination.--
                    (A) In general.--The Commissioner shall terminate 
                the services provided pursuant to an agreement with a 
                private sector or government entity under subsection 
                (a) upon receiving notice from the Commissioner that 
                such entity failed to pay the fee imposed under 
                paragraph (1) 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 to 
                provide services to the entity described in 
                subparagraph (A), which have not been reimbursed by the 
                entity, will become immediately due and payable.
                    (C) Interest.--Interest on unpaid fees will accrue 
                from the date of termination based on current Treasury 
                borrowing rates.
                    (D) Penalties.--Any private sector or government 
                entity that fails to pay any fee incurred under 
                paragraph (1) 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.
            (5) Notification.--Not later than 3 days before entering 
        into an agreement under this section, the Commissioner shall 
        notify--
                    (A) the relevant committees of Congress; and
                    (B) the members of Congress who represent the State 
                or district in which the facility at which services 
                will be provided under the agreement.

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

    (a) Agreements Authorized.--Consistent with section 559 of the 
Department of Homeland Security Appropriations Act, 2014 (division F of 
Public Law 113-76; 6 U.S.C. 211 note), during the 10-year period 
beginning on the date of the enactment of this Act, the Commissioner 
and the Administrator may, for purposes of facilitating the 
construction, alteration, operation, or maintenance of a new or 
existing facility or other infrastructure at a port of entry under the 
jurisdiction, custody, and control of the Commissioner or the 
Administrator--
            (1) enter into cost-sharing or reimbursement agreements 
        with any person; or
            (2) accept donations from any person of--
                    (A) real or personal property (including monetary 
                donations); or
                    (B) nonpersonal services.
    (b) Allowable Uses of Agreements.--The Commissioner and the 
Administrator, with respect to an agreement authorized under subsection 
(a), may--
            (1) use such agreements for activities related to an 
        existing or new port of entry, including expenses related to--
                    (A) land acquisition, design, construction, repair, 
                or alternation;
                    (B) furniture, fixtures, or equipment;
                    (C) the deployment of technology or equipment; or
                    (D) operations and maintenance; or
            (2) subject to chapter 33 of title 40, United States Code, 
        transfer such property or services between the Commissioner and 
        the Administrator for activities described in paragraph (1) 
        that are related to a new or existing port of entry under the 
        jurisdiction, custody, and control of the relevant agency.
    (c) Evaluation Procedures.--
            (1) In general.--
                    (A) Requirements for procedures.--The Commissioner, 
                in consultation with the Administrator and consistent 
                with section 559 of the Department of Homeland Security 
                Appropriations Act, 2014 (division F of Public Law 113-
                76; 6 U.S.C. 211 note), shall issue procedures for 
                evaluating a proposal submitted by a person for an 
                agreement authorized under subsection (a).
                    (B) Availability.--The procedures issued under 
                subparagraph (A) shall be made available to the public 
                through the Department of Homeland Security website.
            (2) Specification.--In making a donation under subsection 
        (a)(2), a person may--
                    (A) designate the land port of entry facility or 
                facilities that the donation is intended to support; 
                and
                    (B) specify the period during which the contributed 
                property or nonpersonal services shall be used.
            (3) Supplemental funding.--Any property, including monetary 
        donations and nonpersonal services donated pursuant to 
        subsection (a) may be used in addition to any other funds, 
        including appropriated funds, property, or services made 
        available for the same purpose.
            (4) Return of donation.--
                    (A) Return required.--If the Commissioner or the 
                Administrator does not use the property or services 
                donated pursuant to subsection (a) for the specific 
                facility or facilities designated under paragraph 
                (2)(A) or during the period specified under paragraph 
                (2)(B), such donated property or services shall be 
                returned to the person that made the donation.
                    (B) Interest prohibited.--No interest may be owed 
                on any donation returned to a person pursuant to 
                subparagraph (A).
            (5) Determination and notification.--
                    (A) In general.--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 Commissioner or the Administrator shall--
                            (i) make a determination with respect to 
                        whether or not to approve the proposal; and
                            (ii) notify the person that submitted the 
                        proposal of--
                                    (I) the determination; and
                                    (II) if the Administrator did not 
                                approve the proposal, the reasons for 
                                such determination.
                    (B) Considerations.--In making the determination 
                under subparagraph (A)(i), the Commissioner or the 
                Administrator shall consider--
                            (i) the impact of the proposal on reducing 
                        wait times at that port of entry and other 
                        ports of entry on the same border;
                            (ii) the potential of the proposal to 
                        increase trade and travel efficiency through 
                        added capacity; and
                            (iii) the potential of the proposal to 
                        enhance the security of the port of entry.
    (d) Annual Report and Notice to Congress.--The Commissioner, in 
collaboration with the Administrator, shall--
            (1) submit an annual report to the relevant committees of 
        Congress on the agreements entered into under subsection (a); 
        and
            (2) not less than 3 days before entering into an agreement 
        with a person under subsection (a), notify the members of 
        Congress that represent the State or district in which the 
        affected facility is located.
                                 <all>