Summary
# BORDER AIRPORT FAIRNESS ACT OF 2023 - Plain English Summary
## WHAT THIS BILL DOES
This bill requires the President to designate certain airports as ports of entry (official locations where goods and people can cross international borders). The bill also requires the President to stop charging user fees at these newly designated airports.
## WHO IT AFFECTS
The President, airports meeting specific requirements, U.S. Customs and Border Protection, and travelers passing through these airports.
## KEY PROVISIONS
* The President must designate airports as ports of entry if they are primary airports located within 30 miles of the U.S. northern or southern international land border and have a formal legal agreement with a nearby land border crossing or seaport (Sec. 2(a)(1))
* The President must stop charging user fees at airports that receive port of entry designation (Sec. 2(a)(2))
* Airports must meet numerical criteria established by U.S. Customs and Border Protection for creating ports of entry as described in specific Treasury Decisions from 1982 and later (Sec. 2(b)(4))
## WHAT CHANGES
Qualifying airports will become official ports of entry. Users will no longer pay fees at these airports related to their port of entry status.
## IMPORTANT DEFINITIONS
* Primary airport: Not defined in this bill text
* Port of entry: Not defined in this bill text
## EFFECTIVE DATE
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 222
To require the designation of certain airports as ports of entry.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 1, 2023
Mr. CRUZ introduced the following bill; which was read twice and referred to
the Committee on Finance
A BILL
To require the designation of certain airports as ports of
entry.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Border Airport Fair-
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ness Act of 2023’’.
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SEC. 2. DESIGNATION OF CERTAIN AIRPORTS AS PORTS OF
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ENTRY.
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(a) IN GENERAL.—The President shall—
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(1) pursuant to the Act of August 1, 1914 (38
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Stat. 623, chapter 223; 19 U.S.C. 2), designate each
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•S 222 IS
airport described in subsection (b) as a port of
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entry; and
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(2) terminate the application of the user fee re-
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quirement under section 236 of the Trade and Tar-
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iff Act of 1984 (19 U.S.C. 58b) with respect to the
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airport.
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(b) AIRPORTS DESCRIBED.—An airport described in
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this subsection is an airport that—
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(1) is a primary airport (as defined in section
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47102 of title 49, United States Code);
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(2) is located not more than 30 miles from the
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northern or southern international land border of
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the United States;
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(3) is associated, through a formal, legal instru-
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ment, including a valid contract or governmental or-
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dinance, with a land border crossing or a seaport not
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more than 30 miles from the airport; and
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(4) through such association, meets the numer-
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ical criteria considered by U.S. Customs and Border
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Protection for establishing a port of entry, as set
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forth in—
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(A) Treasury Decision 82–37 (47 Fed.
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Reg. 10137; relating to revision of customs cri-
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teria for establishing ports of entry and sta-
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tions), as revised by Treasury Decisions 86–14
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•S 222 IS
(51 Fed. Reg. 4559) and 87–65 (52 Fed. Reg.
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16328); or
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(B) any successor guidance or regulation.
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Æ
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