I 
114TH CONGRESS 
1ST SESSION 
H. R. 875 
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 HOUSE OF REPRESENTATIVES 
FEBRUARY 11, 2015 
Mr. CUELLAR introduced the following bill; which was referred to the Com-
mittee on Ways and Means, and in addition to the Committees on Trans-
portation and Infrastructure, the Judiciary, Homeland Security, and Ag-
riculture, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
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. 
Be it enacted by the Senate and House of Representa-
tives 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’’. 
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SEC. 2. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR; ADMINISTRATION.—The 
terms ‘‘Administrator’’ and ‘‘Administration’’ mean 
the Administrator of General Services and the Gen-
eral Services Administration, respectively. 
(2) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ 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, asso-
ciation, or any other public or private entity, in-
cluding 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 Sen-
ate; 
(C) the Committee on Homeland Security 
and Governmental Affairs of the Senate; 
(D) the Committee on the Judiciary of the 
Senate; 
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(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 (divi-
sion D of Public Law 113–6; 127 Stat. 378) and 
section 559 of the Department of Homeland Secu-
rity 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 re-
quest 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 
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(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 cus-
toms, agricultural processing, border security, or in-
spection-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 date of the enactment 
of this Act unless the relevant person requests a 
modification to include services described in this sec-
tion. 
(4) SAVINGS PROVISION.—Nothing in this para-
graph may be construed to reduce the responsibil-
ities or duties of U.S. Customs and Border Protec-
tion 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 ac-
counts in the Treasury of the United States derived 
by the collection of fees. 
(b) FEE.— 
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(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 pro-
vided such services; and 
(B) other costs incurred by U.S. Customs 
and Border Protection relating to such services, 
such as temporary placement or permanent re-
location of such individuals. 
(2) OVERSIGHT OF FEES.—The Commissioner 
shall develop a process to oversee the activities reim-
bursed 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 remit-
tance schedule to reimburse appropriations; and 
(D) the identification of overtime costs to 
be reimbursed by such fees. 
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(3) DEPOSIT OF FUNDS.—Amounts collected in 
fees under paragraph (1)— 
(A) shall be deposited as an offsetting col-
lection; 
(B) shall remain available until expended, 
without fiscal year limitation; and 
(C) shall directly reimburse each appro-
priation account for the amount paid out of 
such account for— 
(i) any expenses incurred for pro-
viding U.S. Customs and Border Protec-
tion services to the person paying such fee; 
and 
(ii) any other costs incurred by the 
U.S. Customs and Border Protection relat-
ing to such services. 
(4) TERMINATION.— 
(A) IN
GENERAL.—The Commissioner 
shall terminate the services provided pursuant 
to an agreement with a private sector or gov-
ernment entity under subsection (a) upon re-
ceiving notice from the Commissioner that such 
entity failed to pay the fee imposed under para-
graph (1) in a timely manner. 
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(B) EFFECT
OF
TERMINATION.—At the 
time services are terminated pursuant to sub-
paragraph (A), all costs incurred by U.S. Cus-
toms 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 in-
curred 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 be-
fore entering into an agreement under this section, 
the Commissioner shall notify— 
(A) the relevant committees of Congress; 
and 
(B) the members of Congress who rep-
resent the State or district in which the facility 
at which services will be provided under the 
agreement. 
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SEC. 4. EVALUATION OF ALTERNATIVE FINANCING AR-
RANGEMENTS 
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 Ap-
propriations Act, 2014 (division F of Public Law 113– 
76; 6 U.S.C. 211 note), during the 10-year period begin-
ning on the date of the enactment of this Act, the Commis-
sioner and the Administrator may, for purposes of facili-
tating the construction, alteration, operation, or mainte-
nance of a new or existing facility or other infrastructure 
at a port of entry under the jurisdiction, custody, and con-
trol 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 Com-
missioner and the Administrator, with respect to an agree-
ment authorized under subsection (a), may— 
(1) use such agreements for activities related to 
an existing or new port of entry, including expenses 
related to— 
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(A) land acquisition, design, construction, 
repair, or alternation; 
(B) furniture, fixtures, or equipment; 
(C) the deployment of technology or equip-
ment; or 
(D) operations and maintenance; or 
(2) subject to chapter 33 of title 40, United 
States Code, transfer such property or services be-
tween the Commissioner and the Administrator for 
activities described in paragraph (1) that are related 
to a new or existing port of entry under the jurisdic-
tion, custody, and control of the relevant agency. 
(c) EVALUATION PROCEDURES.— 
(1) IN GENERAL.— 
(A) REQUIREMENTS FOR PROCEDURES.— 
The Commissioner, in consultation with the Ad-
ministrator and consistent with section 559 of 
the Department of Homeland Security Appro-
priations Act, 2014 (division F of Public Law 
113–76; 6 U.S.C. 211 note), shall issue proce-
dures for evaluating a proposal submitted by a 
person for an agreement authorized under sub-
section (a). 
(B) 
AVAILABILITY.—The 
procedures 
issued under subparagraph (A) shall be made 
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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 serv-
ices donated pursuant to subsection (a) may be used 
in addition to any other funds, including appro-
priated funds, property, or services made available 
for the same purpose. 
(4) RETURN OF DONATION.— 
(A) RETURN REQUIRED.—If the Commis-
sioner or the Administrator does not use the 
property or services donated pursuant to sub-
section (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 re-
turned to the person that made the donation. 
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(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 sub-
section (a) with respect to the construction or 
maintenance of a facility or other infrastructure 
at a land border port of entry, the Commis-
sioner 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 de-
termination under subparagraph (A)(i), the 
Commissioner or the Administrator shall con-
sider— 
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