H.R. 4336

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4336 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 4336

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.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

July 10, 2025

Ms. Lee of Florida (for herself, Ms. Perez, Ms. Brownley, Mr. Buchanan, 
and Mr. Carter of Louisiana) 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.

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 ``CBP SPACE Act''.

SEC. 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.

SEC. 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).

SEC. 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.
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