I 

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. 

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 ‘‘CBP SPACE Act’’. 


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1 SEC. 2. AUTHORITY TO ADJUST THE RATE OF MERCHAN2 DISE PROCESSING FEES TO OFFSET THE CAP3 ITAL COSTS INCURRED BY U.S. CUSTOMS AND 

4 BORDER PROTECTION; MODIFICATION TO 

5 DISPOSITION OF CUSTOMS USER FEES. 

6 (a) IN GENERAL.—Section 13031 of the Consolidated 

7 Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 

8 58c) is amended— 

9 (1) in subsection (a)(9)(B)(i), by striking ‘‘sala10 ries and expenses’’ and inserting ‘‘salaries, expenses, 

11 and capital costs’’; and 

12 (2) in subsection (f)(3)(A)(i)— 

13 (A) in subclause (IV), by striking ‘‘, and’’ 

14 at the end; 

15 (B) in subclause (V), by striking the 

16 comma at the end and inserting ‘‘, and’’; and 

17 (C) by adding at the end the following: 

18 ‘‘(VI) paying capital costs associ19 ated with passenger inspection serv20 ices,’’. 

21 (b) EFFECTIVE DATE.—The amendments made by 

22 subsection (a) shall take effect on the date that is 180 

23 days after the date of the enactment of this Act. 

24 (c) SENSE OF CONGRESS.—It is the sense of Con25 gress that the Secretary of the Treasury and the Commis26 sioner of U.S. Customs and Border Protection should 


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1 work jointly to set an appropriate level for merchandise 

2 processing fees charged and collected under 13031 of the 

3 Consolidated Omnibus Budget Reconciliation Act of 1985 

4 (19 U.S.C. 58c), as amended by subsection (a), such that 

5 U.S. Customs and Border Protection is able to adequately 

6 fund equipment upgrades and facilities construction, im7 provement, and maintenance at United States sea ports 

8 of entry. 

9 SEC. 3. PROHIBITION ON PROVISION OR MAINTENANCE OF 

10 ADMINISTRATIVE, TRAINING, OR REC11 REATIONAL FACILITIES AT SEA PORTS OF 

12 ENTRY FOR U.S. CUSTOMS AND BORDER PRO13 TECTION. 

14 (a) IN GENERAL.—The Commissioner of U.S. Cus15 toms and Border Protection may not request or otherwise 

16 require a sea port of entry to provide or maintain adminis17 trative, training, or recreational facilities at the port of 

18 entry for purposes of facilitating inspection services of 

19 U.S. Customs and Border Protection. 

20 (b) RULE OF CONSTRUCTION.—Nothing in this sec21 tion shall be construed to modify or otherwise affect the 

22 authority contained in section 482 of the Homeland Secu23 rity Act of 2002 (6 U.S.C. 301a). 


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1 SEC. 4. ANNUAL REPORT ON USE OF PROCEEDS OF MER2 CHANDISE PROCESSING FEE. 

3 (a) IN GENERAL.—Not later than one year after the 

4 date of the enactment of this Act, and annually thereafter, 

5 the Commissioner of U.S. Customs and Border Protection 

6 shall submit to the appropriate congressional committees 

7 a report— 

8 (1) specifying the amount of proceeds from the 

9 merchandise processing fee collected under section 

10 13031(a)(9) of the Consolidated Omnibus Budget 

11 Reconciliation Act of 1985, as amended by section 

12 1, during the year preceding submission of the re13 port; 

14 (2) specifying the amount of such proceeds di15 rected to inspection facilities at sea ports of entry; 

16 and 

17 (3) describing the outstanding capital needs of 

18 such inspection facilities. 

19 (b) APPROPRIATE CONGRESSIONAL COMMITTEES

20 DEFINED.—In this section, the term ‘‘appropriate con21 gressional committees’’ means— 

22 (1) the Committee on Finance, the Committee 

23 on Homeland Security and Governmental Affairs, 

24 and the Committee on Appropriations of the Senate; 

25 and 


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1 (2) the Committee on Ways and Means, the 

2 Committee on Homeland Security, and the Com3 mittee on Appropriations of the House of Represent4 atives. 

Æ 


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