[Congressional Record Volume 159, Number 13 (Wednesday, January 30, 2013)]
[Senate]
[Pages S401-S402]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CORNYN:
  S. 178. 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; to the Committee on Homeland Security and Governmental 
Affairs.
  Mr. CORNYN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record as follows:

                                 S. 178

       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 2013''.

     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.
       (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.
       (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

[[Page S402]]

     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.
                                 ______