II 

113TH CONGRESS 

1ST SESSION S. 178 

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 

JANUARY 30, 2013 

Mr. CORNYN 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Cross-Border Trade 

5 Enhancement Act of 2013’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


jbell on DSK7SPTVN1PROD with BILLS
2 

•S 178 IS

1 (1) ADMINISTRATOR; ADMINISTRATION.—The 

2 terms ‘‘Administrator’’ and ‘‘Administration’’ mean 

3 the Administrator of General Services and the Gen4 eral Services Administration, respectively. 

5 (2) PERSON.—The term ‘‘person’’ means— 

6 (A) an individual; or 

7 (B) a corporation, partnership, trust, asso8 ciation, or any other public or private entity, in9 cluding a State or local government. 

10 (3) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of Homeland Security. 

12 SEC. 3. AUTHORITY TO ENTER INTO AGREEMENTS FOR THE 

13 PROVISION OF CERTAIN SERVICES AT LAND 

14 BORDER PORTS OF ENTRY. 

15 (a) AUTHORITY TO ENTER INTO AGREEMENTS.— 

16 (1) IN GENERAL.—Notwithstanding section 451 

17 of the Tariff Act of 1930 (19 U.S.C. 1451), the Sec18 retary may, during the 10-year period beginning on 

19 the date of the enactment of this Act and upon the 

20 request of any person, enter into an agreement with 

21 that person under which— 

22 (A) U.S. Customs and Border Protection 

23 will provide services described in paragraph (2) 

24 at a land border port of entry; and 


jbell on DSK7SPTVN1PROD with BILLS
3 

•S 178 IS

1 (B) that person will pay a fee imposed 

2 under subsection (b) to reimburse U.S. Cus3 toms and Border Protection for the costs in4 curred in providing such services. 

5 (2) SERVICES DESCRIBED.—Services described 

6 in this paragraph are any services related to customs 

7 and immigration matters provided by an employee or 

8 contractor of U.S. Customs and Border Protection 

9 at land border ports of entry. 

10 (3) LIMITATION.—Nothing in this paragraph 

11 may be construed to reduce the responsibilities or 

12 duties of U.S. Customs and Border Protection to 

13 provide services at land border ports of entry that 

14 have been authorized or mandated by law and are 

15 funded in any appropriation Act or from any ac16 counts in the Treasury of the United States derived 

17 by the collection of fees. 

18 (b) FEE.— 

19 (1) IN GENERAL.—The Secretary shall impose 

20 a fee on a person requesting the provision of services 

21 by U.S. Customs and Border Protection pursuant to 

22 an agreement entered into under subsection (a) to 

23 reimburse U.S. Customs and Border Protection for 

24 the costs of providing such services, including— 


jbell on DSK7SPTVN1PROD with BILLS
4 

•S 178 IS

1 (A) the salaries and expenses of the em2 ployees or contractors of U.S. Customs and 

3 Border Protection that provide such services 

4 and temporary placement or relocation costs for 

5 those employees or contractors; and 

6 (B) any other costs incurred by U.S. Cus7 toms and Border Protection in providing serv8 ices pursuant to agreements entered into under 

9 subsection (a). 

10 (2) FAILURE TO PAY FEE.—U.S. Customs and 

11 Border Protection shall terminate the provision of 

12 services pursuant to an agreement entered into 

13 under subsection (a) with a person that, after receiv14 ing notice from the Secretary that a fee imposed 

15 under paragraph (1) is due, fails to pay the fee in 

16 a timely manner. 

17 (3) RECEIPTS CREDITED AS OFFSETTING COL18 LECTIONS.—Notwithstanding section 3302 of title 

19 31, United States Code, a fee collected under para20 graph (1) pursuant to an agreement entered into 

21 under subsection (a) shall— 

22 (A) be credited as an offsetting collection 

23 to the account that finances the salaries and ex24 penses of U.S. Customs and Border Protection; 


jbell on DSK7SPTVN1PROD with BILLS
5 

•S 178 IS

1 (B) be available for expenditure only to 

2 pay the costs of providing services pursuant to 

3 that agreement; and 

4 (C) remain available until expended with5 out fiscal year limitation. 

6 SEC. 4. EVALUATION OF ALTERNATIVE FINANCING AR7 RANGEMENTS FOR CONSTRUCTION AND 

8 MAINTENANCE OF INFRASTRUCTURE AT 

9 LAND BORDER PORTS OF ENTRY. 

10 (a) IN GENERAL.—Not later than 180 days after the 

11 date of the enactment of this Act, the Administrator shall 

12 establish procedures for evaluating a proposal submitted 

13 by any person to— 

14 (1) enter into a cost-sharing or reimbursement 

15 agreement with the Administration to facilitate the 

16 construction or maintenance of a facility or other in17 frastructure at a land border port of entry; or 

18 (2) provide to the Administration an uncondi19 tional gift of property pursuant to section 3175 of 

20 title 40, United States Code, to be used in the con21 struction or maintenance of a facility or other infra22 structure at a land border port of entry. 

23 (b) REQUIREMENTS.—The procedures established 

24 under subsection (a) shall provide, at a minimum, for the 

25 following: 


jbell on DSK7SPTVN1PROD with BILLS
6 

•S 178 IS

1 (1) Not later than 90 days after receiving a 

2 proposal pursuant to subsection (a) with respect to 

3 the construction or maintenance of a facility or 

4 other infrastructure at a land border port of entry, 

5 the Administrator shall— 

6 (A) make a determination with respect to 

7 whether or not to approve the proposal; and 

8 (B) notify the person that submitted the 

9 proposal of— 

10 (i) the determination; and 

11 (ii) if the Administrator did not ap12 prove the proposal, the reasons for the de13 termination. 

14 (2) In determining whether or not to approve 

15 such a proposal, the Administrator shall consider— 

16 (A) the impact of the proposal on reducing 

17 wait times at that port of entry and other ports 

18 of entry on the same border; 

19 (B) the potential of the proposal to in20 crease trade and travel efficiency through added 

21 capacity; and 

22 (C) the potential of the proposal to en23 hance the security of the port of entry. 

Æ 


jbell on DSK7SPTVN1PROD with BILLS