I 112th CONGRESS 2d Session H. R. 6055 IN THE HOUSE OF REPRESENTATIVES June 28, 2012 Mr. Reyes (for himself, Mr. Canseco, Mr. Hinojosa, Mrs. Davis of California, and Mr. Gene Green of Texas) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize the Commissioner of U.S. Customs and Border Protection to enter into reimbursable fee agreements for the provision of customs services, and for other purposes.

1.

Short title

This Act may be cited as the Facilitating Access of Services and Trade Act of 2012 or the FAST Act of 2012.

2.

Reimbursable fee agreements for provision of customs services

(a)

In general

Notwithstanding any other provision of law, upon the request of any person, the Commissioner of U.S. Customs and Border Protection (CBP) may enter into reimbursable fee agreements for a period of up to ten years with such person for the provision of CBP services and any other costs incurred by CBP relating to such services. Such requests may include additional CBP services at existing CBP-serviced facilities, the provision of CBP services at new facilities and preclearance locations, and expanded CBP services at land border facilities. (b)

Accounts; use of fees

Fees collected pursuant to any agreement entered into under this section shall— (1)be deposited in the U.S. Customs and Border Protection—Salaries and Expenses account of the Department of Homeland Security as offsetting collections and remain available until expended, without fiscal year limitation; and (2)be used to pay for any expenses incurred by CBP in providing CBP services and any other costs incurred by CBP relating to such services. (c)

Amount and payment of fees

The amount of the fee to be charged pursuant to an agreement authorized under this section shall— (1)be paid by each person requesting CBP services; and (2)include the salary and expenses of individuals employed by CBP to provide such services, and any other costs incurred by CBP relating to such services, such as temporary placement or permanent relocation of such individuals. (d)

Failure To pay

U.S. Customs and Border Protection shall terminate the provision of services pursuant to an agreement entered into under this section with a person that, after receiving notice from CBP that a fee imposed is due, fails to timely pay such fee. (e)

Provision of facilities and equipment

Each facility at which CBP services are performed pursuant to an agreement entered into under this section shall provide, maintain, and equip, without cost to the Federal Government, such facilities in accordance with CBP specifications. (f)

Definitions

In this section: (1)

CBP services

The term CBP services means any activities of any employee or contractor of CBP related to customs and immigration matters. (2)

Person

The term person means— (A)any natural person; or (B)any corporation, partnership, trust, association, or any other public or private entity, including any foreign government or transit authority, or any officer, employee, or agent thereof.