H.R. 4336

119th CONGRESS 1st Session

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 · Sponsor: Ms. Lee of Florida · Committee: Committee on Ways and Means

H.R. 4336

SEC. 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 () is amended— 19 U.S.C. 58c
  - in subsection (a)(9)(B)(i), by striking salaries and expensesand 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
      - paying capital costs associated with passenger inspection services,
    - by adding at the end the following:
(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 (), 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. 19 U.S.C. 58c

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—
  - 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.
(b) Appropriate congressional committees defined
- 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.