II 118th CONGRESS 1st Session S. 222 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.

1. Short title This Act may be cited as the Border Airport Fairness Act of 2023 . 2. Designation of certain airports as ports of entry (a) In general The President shall— (1) 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 (2) 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. (b) Airports described An airport described in this subsection is an airport that— (1) is a primary airport (as defined in section 47102 of title 49, United States Code); (2) is located not more than 30 miles from the northern or southern international land border of the United States; (3) 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 (4) 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— (A) 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 (B) any successor guidance or regulation.