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 
VerDate Sep 11 2014 
04:48 Jul 17, 2025
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4336.IH
H4336
kjohnson on DSK7ZCZBW3PROD with $$_JOB
work jointly to set an appropriate level for merchandise 
processing fees charged and collected under 13031 of the 
Consolidated Omnibus Budget Reconciliation Act of 1985 
(19 U.S.C. 58c), as amended by subsection (a), such that 
U.S. Customs and Border Protection is able to adequately 
fund equipment upgrades and facilities construction, im-
provement, and maintenance at United States sea ports 
of entry. 
SEC. 3. PROHIBITION ON PROVISION OR MAINTENANCE OF 
ADMINISTRATIVE, 
TRAINING, 
OR 
REC-
REATIONAL FACILITIES AT SEA PORTS OF 
ENTRY FOR U.S. CUSTOMS AND BORDER PRO-
TECTION. 
(a) IN GENERAL.—The Commissioner of U.S. Cus-
toms and Border Protection may not request or otherwise 
require a sea port of entry to provide or maintain adminis-
trative, training, or recreational facilities at the port of 
entry for purposes of facilitating inspection services of 
U.S. Customs and Border Protection. 
(b) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to modify or otherwise affect the 
authority contained in section 482 of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 301a). 
VerDate Sep 11 2014 
04:48 Jul 17, 2025
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4336.IH
H4336
kjohnson on DSK7ZCZBW3PROD with $$_JOB
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 
VerDate Sep 11 2014 
04:48 Jul 17, 2025
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4336.IH
H4336
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(2) the Committee on Ways and Means, the 
Committee on Homeland Security, and the Com-
mittee on Appropriations of the House of Represent-
atives. 
Æ 
VerDate Sep 11 2014 
04:48 Jul 17, 2025
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H4336.IH
H4336
kjohnson on DSK7ZCZBW3PROD with $$_JOB