Text: H.R.441 — 113th Congress (2013-2014)All Information (Except Text)

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Introduced in House (01/29/2013)


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.