Section 1 Short title
This Act may be cited as the “Border Airport Fairness Act of 2023”.
Border Airport Fairness Act of 2023
A BILL
To require the designation of certain airports as ports of entry.
Sec. 2 Designation of certain airports as ports of entry
In general— The President shall—
pursuant to the Act of August 1, 1914 (38 Stat. 623, chapter 223; 19 U.S.C. 2), designate each airport described in subsection (b) as a port of entry; and
terminate the application of the user fee requirement under section 236 of the Trade and Tariff Act of 1984 (19 U.S.C. 58b) with respect to the airport.
Airports described— An airport described in this subsection is an airport that—
is a primary airport (as defined in section 47102 of title 49, United States Code);
is located not more than 30 miles from the northern or southern international land border of the United States;
is associated, through a formal, legal instrument, including a valid contract or governmental ordinance, with a land border crossing or a seaport not more than 30 miles from the airport; and
through such association, meets the numerical criteria considered by U.S. Customs and Border Protection for establishing a port of entry, as set forth in—
Treasury Decision 82–37 (47 Fed. Reg. 10137; relating to revision of customs criteria for establishing ports of entry and stations), as revised by Treasury Decisions 86–14 (51 Fed. Reg. 4559) and 87–65 (52 Fed. Reg. 16328); or
any successor guidance or regulation.