[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.
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