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. Cus-
toms 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 Representa-
tives 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’’. 
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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 PROVI-
SION 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 provi-
sion of additional services and any other costs in-
curred by U.S. Customs and Border Protection re-
lating 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 Protec-
tion services and remain available until ex-
pended for the purposes described in paragraph 
(1), without fiscal year limitation; and 
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‘‘(B) shall be used to pay any expenses in-
curred 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 Cus-
toms services and shall include the salary and ex-
penses of individuals employed by U.S. Customs and 
Border Protection to provide such Customs services 
and other costs incurred by U.S. Customs and Bor-
der Protection relating to such services at Customs 
ports of entry, such as temporary placement or per-
manent 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 
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‘‘(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 es-
tablished under paragraph (2) and shall be available 
as described therein. 
‘‘(5) PROVISION
OF
FACILITIES
AND
EQUIP-
MENT.—Each facility at which such Customs serv-
ices are performed shall provide, maintain, and 
equip, without cost to the Federal Government, such 
facilities in accordance with U.S. Customs and Bor-
der 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 Se-
curity; 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.’’. 
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(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 sub-
section (l) of this section’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect on October 1, 
2013. 
Æ 
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