I 118th CONGRESS 1st Session H. R. 6409 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.

1. Short title This Act may be cited as the CBP SPACE Act . 2. Authority to adjust the rate of merchandise processing fees to offset the capital 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 salaries 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 associated with passenger inspection services, . (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 Congress that the Secretary of the Treasury and the Commissioner of U.S. Customs and Border Protection should 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, improvement, and maintenance at United States sea ports of entry. 3. Prohibition on provision or maintenance of administrative, training, or recreational facilities at sea ports of entry for U.S. Customs and Border Protection (a) In general The Commissioner of U.S. Customs and Border Protection may not request or otherwise require a sea port of entry to provide or maintain administrative, 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 section shall be construed to modify or otherwise affect the authority contained in section 482 of the Homeland Security Act of 2002 ( 6 U.S.C. 301a ). 4. Annual report on use of proceeds of merchandise 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 report; (2) specifying the amount of such proceeds directed 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 congressional committees means— (1) the Committee on Finance, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and (2) the Committee on Ways and Means, the Committee on Homeland Security, and the Committee on Appropriations of the House of Representatives.