I 
112TH CONGRESS 
2D SESSION 
H. R. 5964 
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 
JUNE 19, 2012 
Mr. CUELLAR (for himself and Mr. MCCAUL) introduced the following bill; 
which was referred to the Committee on Ways and Means, and in addi-
tion to the Committees on Transportation and Infrastructure and the Ju-
diciary, 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 2012’’. 
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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) 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. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
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), the Sec-
retary may, during the 10-year period beginning on 
the date of the enactment of this Act and upon the 
request of any person, enter into an agreement with 
that person under which— 
(A) U.S. Customs and Border Protection 
will provide services described in paragraph (2) 
at a land border port of entry; and 
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(2) FAILURE TO PAY FEE.—U.S. Customs and 
Border Protection shall terminate the provision of 
services pursuant to an agreement entered into 
under subsection (a) with a person that, after receiv-
ing notice from the Secretary that a fee imposed 
under paragraph (1) is due, fails to pay the fee in 
a timely manner. 
(3) RECEIPTS CREDITED AS OFFSETTING COL-
LECTIONS.—Notwithstanding section 3302 of title 
31, United States Code, a fee collected under para-
graph (1) pursuant to an agreement entered into 
under subsection (a) shall— 
(A) be credited as an offsetting collection 
to the account that finances the salaries and ex-
penses of U.S. Customs and Border Protection; 
(B) be available for expenditure only to 
pay the costs of providing services pursuant to 
that agreement; and 
(C) remain available until expended with-
out fiscal year limitation. 
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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) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Administrator shall 
establish procedures for evaluating a proposal submitted 
by any person to— 
(1) enter into a cost-sharing or reimbursement 
agreement with the Administration to facilitate the 
construction or maintenance of a facility or other in-
frastructure at a land border port of entry; or 
(2) provide to the Administration an uncondi-
tional gift of property pursuant to section 3175 of 
title 40, United States Code, to be used in the con-
struction or maintenance of a facility or other infra-
structure at a land border port of entry. 
(b) REQUIREMENTS.—The procedures established 
under subsection (a) shall provide, at a minimum, for the 
following: 
(1) Not later than 90 days after receiving a 
proposal pursuant to subsection (a) with respect to 
the construction or maintenance of a facility or 
other infrastructure at a land border port of entry, 
the Administrator shall— 
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(A) make a determination with respect to 
whether or not to approve the proposal; and 
(B) notify the person that submitted the 
proposal of— 
(i) the determination; and 
(ii) if the Administrator did not ap-
prove the proposal, the reasons for the de-
termination. 
(2) In determining whether or not to approve 
such a proposal, the Administrator shall consider— 
(A) the impact of the proposal on reducing 
wait times at that port of entry and other ports 
of entry on the same border; 
(B) the potential of the proposal to in-
crease trade and travel efficiency through added 
capacity; and 
(C) the potential of the proposal to en-
hance the security of the port of entry. 
Æ 
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