[Congressional Record Volume 161, Number 23 (Wednesday, February 11, 2015)]
[Senate]
[Pages S931-S932]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CORNYN (for himself and Ms. Klobuchar):
  S. 461. 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. 461

       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

[[Page S932]]

     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.
                                 ______