Cross-Border Trade Enhancement Act of 2012 - Authorizes the Secretary of Homeland Security (DHS) to enter into agreements with persons for the U.S. Customs and Border Protection (CBP) to provide customs and immigration services at a land border port of entry, subject to payment of a fee to reimburse the CBP for providing such services.
Directs the Administrator of General Services to establish procedures for evaluating proposals submitted by persons to: (1) enter into cost-sharing or reimbursement agreements with the General Services Administration (GSA) for the construction or maintenance of infrastructure at a land border port of entry, and (2) provide GSA an unconditional gift of property for use in the construction or maintenance of such infrastructure.
Prescribes minimum requirements for such procedures.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3279 Introduced in Senate (IS)]
112th CONGRESS
2d Session
S. 3279
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 SENATE OF THE UNITED STATES
June 7, 2012
Mr. Cornyn (for himself and Mrs. Hutchison) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
_______________________________________________________________________
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 Representatives 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''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator; administration.--The terms
``Administrator'' and ``Administration'' mean the Administrator
of General Services and the General Services Administration,
respectively.
(2) Person.--The term ``person'' means--
(A) an individual; or
(B) a corporation, partnership, trust, association,
or any other public or private entity, including 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 Secretary 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
(B) that person will pay a fee imposed under
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 customs and immigration
matters provided by an employee or contractor of U.S. Customs
and Border Protection at land border ports of entry.
(b) Fee.--
(1) In general.--The Secretary shall impose a fee on a
person requesting the provision of services by U.S. Customs and
Border Protection pursuant to an agreement entered into under
subsection (a) to reimburse U.S. Customs and Border Protection
for the costs of providing such services, including--
(A) the salaries and expenses of the employees or
contractors of U.S. Customs and Border Protection that
provide such services and temporary placement or
relocation costs for those employees or contractors;
and
(B) any other costs incurred by U.S. Customs and
Border Protection in providing services pursuant to
agreements entered into under subsection (a).
(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 receiving 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 collections.--
Notwithstanding section 3302 of title 31, United States Code, a
fee collected under paragraph (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 expenses 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 without fiscal
year limitation.
SEC. 4. EVALUATION OF ALTERNATIVE FINANCING ARRANGEMENTS 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 infrastructure at a land
border port of entry; or
(2) provide to the Administration an unconditional gift of
property pursuant to section 3175 of title 40, United States
Code, to be used in the construction or maintenance of a
facility or other infrastructure 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--
(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 approve
the proposal, the reasons for the
determination.
(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 increase trade
and travel efficiency through added capacity; and
(C) the potential of the proposal to enhance the
security of the port of entry.
<all>
Introduced in Senate
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
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