I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Services to Allow New 

5 Destinations for Tourism Act’’ or ‘‘STAND for Tourism 

6 Act’’. 


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1 SEC. 2. REIMBURSABLE FEE AGREEMENTS FOR PROVISION 

2 OF ADDITIONAL CUSTOMS SERVICES. 

3 (a) IN GENERAL.—Section 13031 of the Consolidated 

4 Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 

5 58c) is amended by adding at the end the following: 

6 ‘‘(l) REIMBURSABLE FEE AGREEMENTS FOR PROVI7 SION OF ADDITIONAL CUSTOMS SERVICES.— 

8 ‘‘(1) IN GENERAL.—Notwithstanding any other 

9 provision of law, and upon the request of any person 

10 requesting Customs services, the Commissioner may 

11 enter into an agreement with such person under 

12 which the person agrees to pay a fee to reimburse 

13 U.S. Customs and Border Protection for the provi14 sion of additional services and any other costs in15 curred by U.S. Customs and Border Protection re16 lating to such services at Customs ports of entry. 

17 ‘‘(2) ACCOUNTS AND USE OF FUNDS.—Funds 

18 collected pursuant to any agreement entered into 

19 under this subsection— 

20 ‘‘(A) shall be credited to accounts that 

21 may be established by the Commissioner for the 

22 provision of U.S. Customs and Border Protec23 tion services and remain available until ex24 pended for the purposes described in paragraph 

25 (1), without fiscal year limitation; and 


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1 ‘‘(B) shall be used to pay any expenses in2 curred by U.S. Customs and Border Protection 

3 in providing additional Customs services and 

4 any other costs incurred by U.S. Customs and 

5 Border Protection relating to such services at 

6 Customs ports of entry. 

7 ‘‘(3) AMOUNT AND PAYMENT OF FEES.—The 

8 amount of the fee to be charged pursuant to an 

9 agreement entered into under this subsection shall 

10 be paid by each person requesting additional Cus11 toms services and shall include the salary and ex12 penses of individuals employed by U.S. Customs and 

13 Border Protection to provide such Customs services 

14 and other costs incurred by U.S. Customs and Bor15 der Protection relating to such services at Customs 

16 ports of entry, such as temporary placement or per17 manent relocation of those individuals. 

18 ‘‘(4) FAILURE TO PAY FEE.—Any person who, 

19 after notice and demand for payment of any fee 

20 charged under subsection (a) of this section, fails to 

21 pay such fee in a timely manner shall— 

22 ‘‘(A) be guilty of a misdemeanor, and if 

23 convicted thereof shall pay a fine that does not 

24 exceed an amount equal to 200 percent of such 

25 fee in addition to court costs; and 


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1 ‘‘(B) be liable for a penalty or liquidated 

2 damage equal to 2 times the amount of the fee 

3 in addition to court costs. 

4 Any amount collected pursuant to this paragraph 

5 shall be deposited into 1 or more of the accounts es6 tablished under paragraph (2) and shall be available 

7 as described therein. 

8 ‘‘(5) PROVISION OF FACILITIES AND EQUIP9 MENT.—Each facility at which such Customs serv10 ices are performed shall provide, maintain, and 

11 equip, without cost to the Federal Government, such 

12 facilities in accordance with U.S. Customs and Bor13 der Protection specifications. 

14 ‘‘(6) DEFINITIONS.—In this subsection— 

15 ‘‘(A) the term ‘Commissioner’ means the 

16 Commissioner of U.S. Customs and Border 

17 Protection of the Department of Homeland Se18 curity; and 

19 ‘‘(B) the term ‘person’ means— 

20 ‘‘(i) a natural person; or 

21 ‘‘(ii) a corporation, partnership, trust, 

22 association, or any other public or private 

23 entity, including any foreign government or 

24 transit authority, or any officer, employee, 

25 or agent thereof.’’. 


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1 (b) CONFORMING AMENDMENT.— 

2 (1) IN GENERAL.—Section 13031(e)(2)(A) of 

3 the Consolidated Omnibus Budget Reconciliation Act 

4 of 1985 (19 U.S.C. 58c(e)(2)(A)) is amended by 

5 adding at the end before the period the following: ‘‘, 

6 or any agreement entered into pursuant to sub7 section (l) of this section’’. 

8 (2) EFFECTIVE DATE.—The amendment made 

9 by paragraph (1) shall take effect on October 1, 

10 2013. 

Æ 


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