[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6409 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 6409

To amend the Consolidated Omnibus Budget Reconciliation Act of 1985 to 
provide authority to adjust the rate of merchandise processing fees to 
     offset the capital costs incurred by U.S. Customs and Border 
                  Protection, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 14, 2023

Ms. Lee of Florida (for herself and Ms. Perez) introduced the following 
      bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
To amend the Consolidated Omnibus Budget Reconciliation Act of 1985 to 
provide authority to adjust the rate of merchandise processing fees to 
     offset the capital costs incurred by U.S. Customs and Border 
                  Protection, 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 ``CBP SPACE Act''.

SEC. 2. AUTHORITY TO ADJUST THE RATE OF MERCHANDISE PROCESSING FEES TO 
              OFFSET THE CAPITAL COSTS INCURRED BY U.S. CUSTOMS AND 
              BORDER PROTECTION; MODIFICATION TO DISPOSITION OF CUSTOMS 
              USER FEES.

    (a) In General.--Section 13031 of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (19 U.S.C. 58c) is amended--
            (1) in subsection (a)(9)(B)(i), by striking ``salaries and 
        expenses'' and inserting ``salaries, expenses, and capital 
        costs''; and
            (2) in subsection (f)(3)(A)(i)--
                    (A) in subclause (IV), by striking ``, and'' at the 
                end;
                    (B) in subclause (V), by striking the comma at the 
                end and inserting ``, and''; and
                    (C) by adding at the end the following:
                                    ``(VI) paying capital costs 
                                associated with passenger inspection 
                                services,''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date that is 180 days after the date of the 
enactment of this Act.
    (c) Sense of Congress.--It is the sense of Congress that the 
Secretary of the Treasury and the Commissioner of U.S. Customs and 
Border Protection should work jointly to set an appropriate level for 
merchandise processing fees charged and collected under 13031 of the 
Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c), 
as amended by subsection (a), such that U.S. Customs and Border 
Protection is able to adequately fund equipment upgrades and facilities 
construction, improvement, and maintenance at United States sea ports 
of entry.

SEC. 3. PROHIBITION ON PROVISION OR MAINTENANCE OF ADMINISTRATIVE, 
              TRAINING, OR RECREATIONAL FACILITIES AT SEA PORTS OF 
              ENTRY FOR U.S. CUSTOMS AND BORDER PROTECTION.

    (a) In General.--The Commissioner of U.S. Customs and Border 
Protection may not request or otherwise require a sea port of entry to 
provide or maintain administrative, training, or recreational 
facilities at the port of entry for purposes of facilitating inspection 
services of U.S. Customs and Border Protection.
    (b) Rule of Construction.--Nothing in this section shall be 
construed to modify or otherwise affect the authority contained in 
section 482 of the Homeland Security Act of 2002 (6 U.S.C. 301a).

SEC. 4. ANNUAL REPORT ON USE OF PROCEEDS OF MERCHANDISE PROCESSING FEE.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, and annually thereafter, the Commissioner of 
U.S. Customs and Border Protection shall submit to the appropriate 
congressional committees a report--
            (1) specifying the amount of proceeds from the merchandise 
        processing fee collected under section 13031(a)(9) of the 
        Consolidated Omnibus Budget Reconciliation Act of 1985, as 
        amended by section 1, during the year preceding submission of 
        the report;
            (2) specifying the amount of such proceeds directed to 
        inspection facilities at sea ports of entry; and
            (3) describing the outstanding capital needs of such 
        inspection facilities.
    (b) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Finance, the Committee on Homeland 
        Security and Governmental Affairs, and the Committee on 
        Appropriations of the Senate; and
            (2) the Committee on Ways and Means, the Committee on 
        Homeland Security, and the Committee on Appropriations of the 
        House of Representatives.
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