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S. 222Senate118th Congress (2023-2025)In Committee

Border Airport Fairness Act of 2023

Sponsored by Ted CruzSen. Ted Cruz (R-TX)
Introduced February 1, 2023

AI-Generated Summary

Updated January 20, 2026 at 2:53 AM UTC

The Border Airport Fairness Act of 2023 directs the President to officially label certain airports near the U.S. land borders as ports of entry. By doing so, it removes the user fee that currently applies to those airports under the Trade and Tariff Act. The bill mainly affects airports that are primary facilities within 30 miles of the northern or southern borders and that are linked to a nearby land crossing or seaport, as well as travelers and customs officials using those airports.

Key Provisions

  • The President must designate each qualifying airport as a port of entry.
  • The user fee requirement under section 236 of the Trade and Tariff Act of 1984 is terminated for those airports.
  • An airport qualifies if it is a primary airport, located within 30 miles of a U.S. land border, formally associated with a nearby border crossing or seaport, and meets Customs and Border Protection’s numerical criteria for ports of entry.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Finance.

Finance Committee

February 1, 2023

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SenateIntro Referral

Introduced in Senate

February 1, 2023

SenateIntro Referral

Read twice and referred to the Committee on Finance.

Finance Committee

February 1, 2023

Bill Text

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Introduced in SenateIssued February 1, 2023

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.