[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 441 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 441

To amend the Consolidated Omnibus Budget Reconciliation Act of 1985 to 
  authorize the Commissioner of U.S. Customs and Border Protection to 
enter into reimbursable fee agreements for the provision of additional 
      services at Customs ports of entry, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 29, 2013

  Mr. Posey introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
To amend the Consolidated Omnibus Budget Reconciliation Act of 1985 to 
  authorize the Commissioner of U.S. Customs and Border Protection to 
enter into reimbursable fee agreements for the provision of additional 
      services at Customs ports of entry, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Services to Allow New Destinations 
for Tourism Act'' or ``STAND for Tourism Act''.

SEC. 2. REIMBURSABLE FEE AGREEMENTS FOR PROVISION OF ADDITIONAL CUSTOMS 
              SERVICES.

    (a) In General.--Section 13031 of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (19 U.S.C. 58c) is amended by adding at the 
end the following:
    ``(l) Reimbursable Fee Agreements for Provision of Additional 
Customs Services.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, and upon the request of any person requesting Customs 
        services, the Commissioner may enter into an agreement with 
        such person under which the person agrees to pay a fee to 
        reimburse U.S. Customs and Border Protection for the provision 
        of additional services and any other costs incurred by U.S. 
        Customs and Border Protection relating to such services at 
        Customs ports of entry.
            ``(2) Accounts and use of funds.--Funds collected pursuant 
        to any agreement entered into under this subsection--
                    ``(A) shall be credited to accounts that may be 
                established by the Commissioner for the provision of 
                U.S. Customs and Border Protection services and remain 
                available until expended for the purposes described in 
                paragraph (1), without fiscal year limitation; and
                    ``(B) shall be used to pay any expenses incurred by 
                U.S. Customs and Border Protection in providing 
                additional Customs services and any other costs 
                incurred by U.S. Customs and Border Protection relating 
                to such services at Customs ports of entry.
            ``(3) Amount and payment of fees.--The amount of the fee to 
        be charged pursuant to an agreement entered into under this 
        subsection shall be paid by each person requesting additional 
        Customs services and shall include the salary and expenses of 
        individuals employed by U.S. Customs and Border Protection to 
        provide such Customs services and other costs incurred by U.S. 
        Customs and Border Protection relating to such services at 
        Customs ports of entry, such as temporary placement or 
        permanent relocation of those individuals.
            ``(4) Failure to pay fee.--Any person who, after notice and 
        demand for payment of any fee charged under subsection (a) of 
        this section, fails to pay such fee in a timely manner shall--
                    ``(A) be guilty of a misdemeanor, and if convicted 
                thereof shall pay a fine that does not exceed an amount 
                equal to 200 percent of such fee in addition to court 
                costs; and
                    ``(B) be liable for a penalty or liquidated damage 
                equal to 2 times the amount of the fee in addition to 
                court costs.
        Any amount collected pursuant to this paragraph shall be 
        deposited into 1 or more of the accounts established under 
        paragraph (2) and shall be available as described therein.
            ``(5) Provision of facilities and equipment.--Each facility 
        at which such Customs services are performed shall provide, 
        maintain, and equip, without cost to the Federal Government, 
        such facilities in accordance with U.S. Customs and Border 
        Protection specifications.
            ``(6) Definitions.--In this subsection--
                    ``(A) the term `Commissioner' means the 
                Commissioner of U.S. Customs and Border Protection of 
                the Department of Homeland Security; and
                    ``(B) the term `person' means--
                            ``(i) a natural person; or
                            ``(ii) a 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.''.
    (b) Conforming Amendment.--
            (1) In general.--Section 13031(e)(2)(A) of the Consolidated 
        Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 
        58c(e)(2)(A)) is amended by adding at the end before the period 
        the following: ``, or any agreement entered into pursuant to 
        subsection (l) of this section''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on October 1, 2013.
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