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 Protec-
tion, 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. 
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 ‘‘CBP SPACE Act’’. 
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SEC. 2. AUTHORITY TO ADJUST THE RATE OF MERCHAN-
DISE PROCESSING FEES TO OFFSET THE CAP-
ITAL COSTS INCURRED BY U.S. CUSTOMS AND 
BORDER PROTECTION; MODIFICATION TO 
DISPOSITION OF CUSTOMS USER FEES. 
(a) IN GENERAL.—Section 13031 of the Consolidated 
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 
58c) is amended— 
(1) in subsection (a)(9)(B)(i), by striking ‘‘sala-
ries and expenses’’ and inserting ‘‘salaries, expenses, 
and capital costs’’; and 
(2) in subsection (f)(3)(A)(i)— 
(A) in subclause (IV), by striking ‘‘, and’’ 
at the end; 
(B) in subclause (V), by striking the 
comma at the end and inserting ‘‘, and’’; and 
(C) by adding at the end the following: 
‘‘(VI) paying capital costs associ-
ated with passenger inspection serv-
ices,’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date that is 180 
days after the date of the enactment of this Act. 
(c) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Secretary of the Treasury and the Commis-
sioner of U.S. Customs and Border Protection should 
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work jointly to set an appropriate level for merchandise 
processing fees charged and collected under 13031 of the 
Consolidated Omnibus Budget Reconciliation Act of 1985 
(19 U.S.C. 58c), as amended by subsection (a), such that 
U.S. Customs and Border Protection is able to adequately 
fund equipment upgrades and facilities construction, im-
provement, and maintenance at United States sea ports 
of entry. 
SEC. 3. PROHIBITION ON PROVISION OR MAINTENANCE OF 
ADMINISTRATIVE, 
TRAINING, 
OR 
REC-
REATIONAL FACILITIES AT SEA PORTS OF 
ENTRY FOR U.S. CUSTOMS AND BORDER PRO-
TECTION. 
(a) IN GENERAL.—The Commissioner of U.S. Cus-
toms and Border Protection may not request or otherwise 
require a sea port of entry to provide or maintain adminis-
trative, training, or recreational facilities at the port of 
entry for purposes of facilitating inspection services of 
U.S. Customs and Border Protection. 
(b) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to modify or otherwise affect the 
authority contained in section 482 of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 301a). 
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SEC. 4. ANNUAL REPORT ON USE OF PROCEEDS OF MER-
CHANDISE PROCESSING FEE. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, and annually thereafter, 
the Commissioner of U.S. Customs and Border Protection 
shall submit to the appropriate congressional committees 
a report— 
(1) specifying the amount of proceeds from the 
merchandise processing fee collected under section 
13031(a)(9) of the Consolidated Omnibus Budget 
Reconciliation Act of 1985, as amended by section 
1, during the year preceding submission of the re-
port; 
(2) specifying the amount of such proceeds di-
rected to inspection facilities at sea ports of entry; 
and 
(3) describing the outstanding capital needs of 
such inspection facilities. 
(b) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional committees’’ means— 
(1) the Committee on Finance, the Committee 
on Homeland Security and Governmental Affairs, 
and the Committee on Appropriations of the Senate; 
and 
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(2) the Committee on Ways and Means, the 
Committee on Homeland Security, and the Com-
mittee on Appropriations of the House of Represent-
atives. 
Æ 
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