,,ii  #aadth ,,congress  #ast ,session  
,s4 #dfa  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,february #aa1      
#bjae,mr4 ,cornyn 7for himself and ,ms4 
,klobuchar7 introduced the following    
bill2 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 entry1 and for     
other purposes4  #a4 ,short title ,this 
,act may be cited as the ,cross-,border 
,trade ,enhancement ,act of #bjae4  #b4 
,definitions ,in this ,act3 7#a7        
,administrator2 ,administration ,the    
terms ,administrator and ,administration
 mean the ,administrator of ,general    
,services and the ,general ,services    
,administration1 respectively4  7#b7    
,commissioner ,the term ,commissioner   
means the ,commissioner of ,u4,s4       
,customs and ,border ,protection4  7#c7 

,person ,the term person means--  7,a7  
an individual2 or  7,b7 a corporation1  
partnership1 trust1 association1 or any 
other public or private entity1         
including a ,state or local government4 
7#d7 ,relevant committees of ,congress  
,the term relevant committees of        
,congress means--  7,a7 the ,committee  
on ,environment and ,public ,works of   
the ,senate2  7,b7 the ,committee on    
,finance of the ,senate2  7,c7 the      
,committee on ,homeland ,security and   
,governmental ,affairs of the ,senate2  
7,d7 the ,committee on the ,judiciary of
 the ,senate2  7,e7 the ,committee on   
,homeland ,security of the ,house of    
,representatives2  7,f7 the ,committee  
on the ,judiciary of the ,house of      
,representatives2 and  7,g7 the         
,committee on ,transportation and       
,infrastructure of the ,house of        
,representatives4  #c4 ,authority to    
enter into agreements for the provision 
of certain services at land border ports
 of entry  7a7 ,authority ,to enter into

 agreements  7#a7 ,in general           
,notwithstanding section #dea of the    
,tariff ,act of #aicj 7#ai ,u4,s4,c4    
#adea71 and consistent with section #efj
 of the ,department of ,homeland        
,security ,appropriations ,act1 #bjac   
7division ,d of ,public ,law #aac-f2    
#abg ,stat4 #cgh7 and section #eei of   
the ,department of ,homeland ,security  
,appropriations ,act1 #bjad 7division ,f
 of ,public ,law #aac-gf2 #f ,u4,s4,c4  
#baa note7 the ,commissioner may1 during
 the #aj-year period beginning on the   
date of the enactment of this ,act and  
upon the request of any person1 enter   
into an agreement with that person under
 which--  7,a7 ,u4,s4 ,customs and      
,border ,protection will provide the    
services described in paragraph 7#b7 at 
a land border port of entry2 and  7,b7  
that person will pay the fee described  
in subsection 7b7 to reimburse ,u4,s4   
,customs and ,border ,protection for the
 costs incurred in providing such       
services4  7#b7 ,services described     

,services described in this paragraph   
are any services related to customs1    
agricultural processing1 border         
security1 or inspection-related         
immigration matters provided by an      
employee or contractor of ,u4,s4        
,customs and ,border ,protection at land
 border ports of entry4  7#c7           
,limitation ,the ,commissioner may not  
modify existing requirements or         
reimbursement fee agreements in effect  
as of the date of the enactment of this 
,act unless the relevant person requests
 a modification to include services     
described in this section4  7#d7        
,savings provision ,nothing in this     
paragraph may be construed to reduce the
 responsibilities or duties of ,u4,s4   
,customs and ,border ,protection to     
provide services at land border ports of
 entry that have been authorized or     
mandated by law and are funded in any   
appropriation ,act or from any accounts 
in the ,treasury of the ,united ,states 
derived by the collection of fees4  7b7 

,fee  7#a7 ,in general ,a person        
requesting ,u4,s4 ,customs and ,border  
,protection services shall pay a fee    
pursuant to an agreement under          
subsection 7a7 in an amount equal to the
 sum of--  7,a7 a proportionate share of
 the salaries and expenses of the       
individuals employed by ,u4,s4 ,customs 
and ,border ,protection who provided    
such services2 and  7,b7 other costs    
incurred by ,u4,s4 ,customs and ,border 
,protection relating to such services1  
such as temporary placement or permanent
 relocation of such individuals4  7#b7  
,oversight of fees ,the ,commissioner   
shall develop a process to oversee the  
activities reimbursed by the fees       
authorized under paragraph 7#a7 that    
includes--  7,a7 a determination and    
report on the full cost of providing    
services1 including direct and indirect 
costs2  7,b7 a process for increasing   
such fees1 as necessary2  7,c7 the      
establishment of a monthly remittance   
schedule to reimburse appropriations2   

and  7,d7 the identification of overtime
 costs to be reimbursed by such fees4   
7#c7 ,deposit of funds ,amounts         
collected in fees under paragraph 7#a7--
  7,a7 shall be deposited as an         
offsetting collection2  7,b7 shall      
remain available until expended1 without
 fiscal year limitation2 and  7,c7 shall
 directly reimburse each appropriation  
account for the amount paid out of such 
account for-- 7i7 any expenses incurred 
for providing ,u4,s4 ,customs and       
,border ,protection services to the     
person paying such fee2 and  7ii7 any   
other costs incurred by the ,u4,s4      
,customs and ,border ,protection        
relating to such services4  7#d7        
,termination  7,a7 ,in general ,the     
,commissioner shall terminate the       
services provided pursuant to an        
agreement with a private sector or      
government entity under subsection 7a7  
upon receiving notice from the          
,commissioner that such entity failed to
 pay the fee imposed under paragraph    

7#a7 in a timely manner4  7,b7 ,effect  
of termination ,at the time services are
 terminated pursuant to subparagraph    
7,a71 all costs incurred by ,u4,s4      
,customs and ,border ,protection to     
provide services to the entity described
 in subparagraph 7,a71 which have not   
been reimbursed by the entity1 will     
become immediately due and payable4     
7,c7 ,interest ,interest on unpaid fees 
will accrue from the date of termination
 based on current ,treasury borrowing   
rates4  7,d7 ,penalties ,any private    
sector or government entity that fails  
to pay any fee incurred under paragraph 
7#a7 in a timely manner1 after notice   
and demand for payment1 shall be liable 
for a penalty or liquidated damage equal
 to #b times the amount of such fee4    
7#e7 ,notification ,not later than #c   
days before entering into an agreement  
under this section1 the ,commissioner   
shall notify--  7,a7 the relevant       
committees of ,congress2 and  7,b7 the  
members of ,congress who represent the  

,state or district in which the facility
 at which services will be provided     
under the agreement4  #d4 ,evaluation of
 alternative financing arrangements for 
construction and maintenance of         
infrastructure at land border ports of  
entry  7a7 ,agreements authorized       
,consistent with section #eei of the    
,department of ,homeland ,security      
,appropriations ,act1 #bjad 7division ,f
 of ,public ,law #aac-gf2 #f ,u4,s4,c4  
#baa note71 during the #aj-year period  
beginning on the date of the enactment  
of this ,act1 the ,commissioner and the 
,administrator may1 for purposes of     
facilitating the construction1          
alteration1 operation1 or maintenance of
 a new or existing facility or other    
infrastructure at a port of entry under 
the jurisdiction1 custody1 and control  
of the ,commissioner or the             
,administrator--  7#a7 enter into       
cost-sharing or reimbursement agreements
 with any person2 or  7#b7 accept       
donations from any person of--  7,a7    

real or personal property 7including    
monetary donations72 or  7,b7           
nonpersonal services4  7b7 ,allowable   
uses of agreements ,the ,commissioner   
and the ,administrator1 with respect to 
an agreement authorized under subsection
 7a71 may--  7#a7 use such agreements   
for activities related to an existing or
 new port of entry1 including expenses  
related to--  7,a7 land acquisition1    
design1 construction1 repair1 or        
alternation2  7,b7 furniture1 fixtures1 
or equipment2  7,c7 the deployment of   
technology or equipment2 or  7,d7       
operations and maintenance2 or  7#b7    
subject to chapter #cc of title #dj1    
,united ,states ,code1 transfer such    
property or services between the        
,commissioner and the ,administrator for
 activities described in paragraph 7#a7 
that are related to a new or existing   
port of entry under the jurisdiction1   
custody1 and control of the relevant    
agency4  7c7 ,evaluation procedures     
7#a7 ,in general  7,a7 ,requirements for

 procedures ,the ,commissioner1 in      
consultation with the ,administrator and
 consistent with section #eei of the    
,department of ,homeland ,security      
,appropriations ,act1 #bjad 7division ,f
 of ,public ,law #aac-gf2 #f ,u4,s4,c4  
#baa note71 shall issue procedures for  
evaluating a proposal submitted by a    
person for an agreement authorized under
 subsection 7a74  7,b7 ,availability    
,the procedures issued under            
subparagraph 7,a7 shall be made         
available to the public through the     
,department of ,homeland ,security      
website4  7#b7 ,specification ,in making
 a donation under subsection 7a77#b71 a 
person may-- 7,a7 designate the land    
port of entry facility or facilities    
that the donation is intended to        
support2 and  7,b7 specify the period   
during which the contributed property or
 nonpersonal services shall be used4    
7#c7 ,supplemental funding ,any         
property1 including monetary donations  
and nonpersonal services donated        

pursuant to subsection 7a7 may be used  
in addition to any other funds1         
including appropriated funds1 property1 
or services made available for the same 
purpose4  7#d7 ,return of donation  7,a7
 ,return required ,if the ,commissioner 
or the ,administrator does not use the  
property or services donated pursuant to
 subsection 7a7 for the specific        
facility or facilities designated under 
paragraph 7#b77;,a7 or during the period
 specified under paragraph 7#b77;,b71   
such donated property or services shall 
be returned to the person that made the 
donation4  7,b7 ,interest prohibited ,no
 interest may be owed on any donation   
returned to a person pursuant to        
subparagraph 7,a74  7#e7 ,determination 
and notification  7,a7 ,in general ,not 
later than #ij days after receiving a   
proposal pursuant to subsection 7a7 with
 respect to the construction or         
maintenance of a facility or other      
infrastructure at a land border port of 
entry1 the ,commissioner or the         

,administrator shall--  7i7 make a      
determination with respect to whether or
 not to approve the proposal2 and  7ii7 
notify the person that submitted the    
proposal of--  7,i7 the determination2  
and  7,,ii7 if the ,administrator did   
not approve the proposal1 the reasons   
for such determination4  7,b7           
,considerations ,in making the          
determination under subparagraph        
7,a77i71 the ,commissioner or the       
,administrator shall consider--  7i7 the
 impact of the proposal on reducing wait
 times at that port of entry and other  
ports of entry on the same border2  7ii7
 the potential of the proposal to       
increase trade and travel efficiency    
through added capacity2 and  7iii7 the  
potential of the proposal to enhance the
 security of the port of entry4  7d7    
,annual report and notice to ,congress  
,the ,commissioner1 in collaboration    
with the ,administrator1 shall-- 7#a7   
submit an annual report to the relevant 
committees of ,congress on the          

agreements entered into under subsection
 7a72 and  7#b7 not less than #c days   
before entering into an agreement with a
 person under subsection 7a71 notify the
 members of ,congress that represent the
 ,state or district in which the        
affected facility is located4