HR4336-119

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 Section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c) is amended— in subsection (a)(9)(B)(i), by striking salaries and expenses and inserting salaries, expenses, and capital costs; and in subsection (f)(3)(A)(i)— in subclause (IV), by striking , and at the end; in subclause (V), by striking the comma at the end and inserting , and; and by adding at the end the following: paying capital costs associated with passenger inspection services, 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. 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. (VI)paying capital costs associated with passenger inspection services,.

3. Prohibition on provision or maintenance of administrative, training, or recreational facilities at sea ports of entry for U.S. Customs and Border Protection 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. 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 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— 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; specifying the amount of such proceeds directed to inspection facilities at sea ports of entry; and describing the outstanding capital needs of such inspection facilities. In this section, the term appropriate congressional committees means— the Committee on Finance, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and the Committee on Ways and Means, the Committee on Homeland Security, and the Committee on Appropriations of the House of Representatives.