II 

112TH CONGRESS 

2D SESSION S. 3279 

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 

JUNE 7, 2012 

Mr. CORNYN (for himself and Mrs. HUTCHISON) 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 2012’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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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 


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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 (b) FEE.— 

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

12 a fee on a person requesting the provision of services 

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

14 an agreement entered into under subsection (a) to 

15 reimburse U.S. Customs and Border Protection for 

16 the costs of providing such services, including— 

17 (A) the salaries and expenses of the em18 ployees or contractors of U.S. Customs and 

19 Border Protection that provide such services 

20 and temporary placement or relocation costs for 

21 those employees or contractors; and 

22 (B) any other costs incurred by U.S. Cus23 toms and Border Protection in providing serv24 ices pursuant to agreements entered into under 

25 subsection (a). 


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

2 Border Protection shall terminate the provision of 

3 services pursuant to an agreement entered into 

4 under subsection (a) with a person that, after receiv5 ing notice from the Secretary that a fee imposed 

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

7 a timely manner. 

8 (3) RECEIPTS CREDITED AS OFFSETTING COL9 LECTIONS.—Notwithstanding section 3302 of title 

10 31, United States Code, a fee collected under para11 graph (1) pursuant to an agreement entered into 

12 under subsection (a) shall— 

13 (A) be credited as an offsetting collection 

14 to the account that finances the salaries and ex15 penses of U.S. Customs and Border Protection; 

16 (B) be available for expenditure only to 

17 pay the costs of providing services pursuant to 

18 that agreement; and 

19 (C) remain available until expended with20 out fiscal year limitation. 


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1 SEC. 4. EVALUATION OF ALTERNATIVE FINANCING AR2 RANGEMENTS FOR CONSTRUCTION AND 

3 MAINTENANCE OF INFRASTRUCTURE AT 

4 LAND BORDER PORTS OF ENTRY. 

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

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

7 establish procedures for evaluating a proposal submitted 

8 by any person to— 

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

10 agreement with the Administration to facilitate the 

11 construction or maintenance of a facility or other in12 frastructure at a land border port of entry; or 

13 (2) provide to the Administration an uncondi14 tional gift of property pursuant to section 3175 of 

15 title 40, United States Code, to be used in the con16 struction or maintenance of a facility or other infra17 structure at a land border port of entry. 

18 (b) REQUIREMENTS.—The procedures established 

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

20 following: 

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

22 proposal pursuant to subsection (a) with respect to 

23 the construction or maintenance of a facility or 

24 other infrastructure at a land border port of entry, 

25 the Administrator shall— 


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1 (A) make a determination with respect to 

2 whether or not to approve the proposal; and 

3 (B) notify the person that submitted the 

4 proposal of— 

5 (i) the determination; and 

6 (ii) if the Administrator did not ap7 prove the proposal, the reasons for the de8 termination. 

9 (2) In determining whether or not to approve 

10 such a proposal, the Administrator shall consider— 

11 (A) the impact of the proposal on reducing 

12 wait times at that port of entry and other ports 

13 of entry on the same border; 

14 (B) the potential of the proposal to in15 crease trade and travel efficiency through added 

16 capacity; and 

17 (C) the potential of the proposal to en18 hance the security of the port of entry. 

Æ 


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