I 

117TH CONGRESS 

1ST SESSION H. R. 3028 

To establish the Land Port of Entry Modernization Trust Fund, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 7, 2021 

Mr. CUELLAR introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on Homeland Security, Transportation and Infrastructure, and Agriculture, 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 establish the Land Port of Entry Modernization Trust 

Fund, 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 ‘‘LPOE Modernization 

5 Trust Fund Act’’. 


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1 SEC. 2. LAND PORT OF ENTRY MODERNIZATION TRUST 

2 FUND. 

3 (a) CREATION OF TRUST FUND.—There is estab4 lished in the Treasury of the United States a trust fund 

5 to be known as the ‘‘Land Port of Entry Modernization 

6 Trust Fund’’ (referred to in this section as the ‘‘Trust 

7 Fund’’), consisting of amounts transferred to the Trust 

8 Fund under subsection (b) and any amounts that may be 

9 credited to the Trust Fund under subsection (c). 

10 (b) TRANSFERS TO TRUST FUND.—The Secretary of 

11 the Treasury shall transfer to the Trust Fund, from the 

12 general fund of the Treasury, for fiscal year 2021 and 

13 each fiscal year thereafter, an amount equivalent to the 

14 amount received into the general fund during that fiscal 

15 year attributable to— 

16 (1) twenty-five percent of all fees collected pur17 suant to section 13031(b)(9)(A)(ii)(I) of the Consoli18 dated Omnibus Budget Reconciliation Act of 1985 

19 (19 U.S.C. 58c(b)(9)(A)(ii)(I)); 

20 (2) $1,600,000,000 from the Merchandise Proc21 essing Fees collected pursuant to section 

22 13031(a)(9)(B)(i) of the Consolidated Omnibus 

23 Budget Reconciliation Act of 1985 (19 U.S.C. 

24 58c(a)(9)(B)(i)); and 

25 (3) twenty-five percent of all surcharges re26 quired under subsection (h)(3) related to— 


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1 (A) immigrant user fee established under 

2 section 286(m) of the Immigration and Nation3 ality Act (8 U.S.C. 22 1356(m)); 

4 (B) land border inspection fees established 

5 under section 286(q) of such Act (8 U.S.C. 

6 1356(q)); and 

7 (C) the machine-readable visa fee estab8 lished under section 103 of the Enhanced Bor9 der Security and Visa Entry Reform Act of 

10 2002 (8 U.S.C. 1713). 

11 (c) INVESTMENT OF AMOUNTS.— 

12 (1) IN GENERAL.—The Secretary of the Treas13 ury shall invest such portion of the Trust Fund as 

14 is not required to meet current withdrawals in inter15 est-bearing obligations of the United States or in ob16 ligations guaranteed as to both principal and inter17 est by the United States. 

18 (2) INTEREST AND PROCEEDS.—The interest 

19 on, and the proceeds from the sale or redemption of, 

20 any obligations held in the Trust Fund shall be 

21 credited to and form a part of the Trust Fund. 

22 (d) USE OF TRUST FUND.— 

23 (1) IN GENERAL.—Amounts in the Trust Fund 

24 shall be available to the Secretary, without further 


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1 appropriation, for the purposes described in para2 graph 2. 

3 (2) PURPOSES.—The purposes described in this 

4 paragraph are the following: 

5 (A) The construction of new United States 

6 ports of entry. 

7 (B) The expansion and improvement of ex8 isting United States ports of entry infrastruc9 ture to accommodate high volumes of commer10 cial, vehicle, and pedestrian traffic. 

11 (C) The procurement of technology and 

12 supporting infrastructure for United States 

13 ports of entry, and related cargo and commer14 cial inspection facilities, to facilitate the inspec15 tion and processing of commercial, vehicle, and 

16 pedestrian traffic. 

17 (D) The facilitation of major repairs and 

18 alterations of United States land ports of entry. 

19 (E) Hiring CBP officers, CBP agricultural 

20 specialists, and CBP professional staff to sup21 port the trade and revenue mission of CBP. 

22 (3) CONSULTATION.— 

23 (A) IN GENERAL.—The purposes described 

24 in paragraph 2 shall be carried out by the Sec25 retary, in consultation with the Administrator, 


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1 the Chief of Engineers and Commanding Gen2 eral of the United States Army Corps of Engi3 neers, State, local, and tribal governments, or4 ganizations that represent the interests of com5 merce, and relevant Federal Advisory Com6 mittee Act committees. 

7 (B) CONSIDERATION OF TRANSPORTATION

8 PLANS.—The Secretary, in consultation with 

9 the Board established pursuant to subsection 

10 (g)(1), shall consider regional bi-national trans11 portation master plans to carry out the pur12 poses described in paragraph 2. 

13 (e) LIMITATIONS.— 

14 (1) EXPENDING FUNDS.—The Secretary may 

15 only expend funds made available from the Trust 

16 Fund to carry out the purposes described in sub17 section (d) if— 

18 (A) the Secretary submitted the annual re19 port to the appropriate congressional commit20 tees and the Board required under subsection 

21 (f)(1); and 

22 (B) thirty days elapse. 

23 (2) NO OFFSET AMOUNT.—The Secretary, in 

24 coordination with the Secretary of the Treasury and 

25 the Secretary of State, shall not seek to increase fees 


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1 as a measure to offset amounts deposited into the 

2 Trust Fund. 

3 (f) REPORTS.— 

4 (1) REPORT TO CONGRESS.—Not later than 

5 March 10 of each year, the Secretary, in coordina6 tion with the Administrator, shall submit to the ap7 propriate congressional committees and the Board a 

8 report on the status of the implementation of this 

9 section that includes a description of— 

10 (A) how, and to which recipients, amounts 

11 have been expended from the Trust Fund in the 

12 immediate previous fiscal year; 

13 (B) how, and to which recipients, amounts 

14 are planned to be expended from the Trust 

15 Fund in the upcoming fiscal year; 

16 (C) the amount remaining in the Trust 

17 Fund; and 

18 (D) the expected dates of completion for 

19 purposes described in subsection (d). 

20 (2) SUPPLEMENTAL REPORT TO CONGRESS.— 

21 The Secretary may expend funds made available by 

22 the Trust Fund to carry out the purposes described 

23 in subsection (d) not listed in the report required 

24 under paragraph (1) if— 


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1 (A) the Secretary submits to the appro2 priate congressional committees and the Board 

3 a supplemental report that includes information 

4 relating to such expenditure; and 

5 (B) such report is submitted to the appro6 priate congressional committees and the Board 

7 60 days prior to such expenditure of funds. 

8 (g) BORDER PORT OF ENTRY MODERNIZATION

9 OVERSIGHT BOARD.— 

10 (1) ESTABLISHMENT.—The Secretary shall es11 tablish an oversight board to be known as the ‘‘Bor12 der Port of Entry Modernization Oversight Board’’ 

13 (referred to in this section as the ‘‘Board’’). 

14 (2) DUTIES OF BOARD.—The Board shall— 

15 (A) advise the Secretary with respect to 

16 the prioritization of purposes described in sub17 section (d); and 

18 (B) review the expenditure of funds from 

19 the Trust Fund. 

20 (3) MEMBERSHIP.— 

21 (A) IN GENERAL.—The Board shall be 

22 composed of 9 members, as follows: 

23 (i) The Secretary of Homeland Secu24 rity or the Secretary’s designee. 


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1 (ii) The Administrator of General 

2 Services or the Secretary’s designee. 

3 (iii) The Secretary of Commerce or 

4 the Secretary’s designee. 

5 (iv) The Secretary of State or the 

6 Secretary’s designee. 

7 (v) The Secretary of Transportation 

8 or the Secretary’s designee. 

9 (vi) A representative of the United 

10 States trucking industry, appointed by the 

11 Secretary of Homeland Security. 

12 (vii) A representative of the United 

13 States land ports of entry or rail sectors 

14 located on the southwest land border, ap15 pointed by the Secretary of Homeland Se16 curity. 

17 (viii) A representative of the United 

18 States land ports of entry or rail sectors 

19 located on the northern land border, ap20 pointed by the Secretary of Homeland Se21 curity. 

22 (ix) A representative of a State or 

23 local transportation authority, appointed 

24 by the Secretary of Homeland Security. 


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1 (B) TIMING OF APPOINTMENTS.—Each 

2 member appointed under clauses (vi) and (vii) 

3 of subparagraph (A) shall be made not later 

4 than 3 months after the date of the enactment 

5 of this Act. 

6 (C) TERMS.— 

7 (i) IN GENERAL.—Each member ap8 pointed under clauses (vi), (vii), and (viii) 

9 of subparagraph (A) shall serve for a term 

10 of 2 years. 

11 (ii) VACANCIES.—Each member ap12 pointed to fill a vacancy of a member ap13 pointed under clauses (vi), (vii), and (viii) 

14 of subparagraph (A), occurring before the 

15 expiration of the term for which the mem16 ber’s predecessor was appointed, shall be 

17 appointed only for the remainder of that 

18 term. A member may serve after the expi19 ration of that term until a successor has 

20 been appointed. 

21 (D) CHAIRPERSON.—The Chairperson of 

22 the Board shall be the Secretary of Homeland 

23 Security. 

24 (4) MEETING.— 


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1 (A) INITIAL MEETING.—The Board shall 

2 hold its initial meeting not later than 30 days 

3 after the final appointment of members under 

4 clauses (vi), (vii), and (viii) of subparagraph 

5 (A). 

6 (B) MEETING.—The Board shall meet not 

7 fewer than 1 time each year at the call of the 

8 Chairperson. 

9 (5) QUORUM.—Four members of the Board 

10 shall constitute a quorum. 

11 (6) COMPENSATION.— 

12 (A) PROHIBITION OF COMPENSATION.— 

13 Except as provided in paragraph (2), members 

14 of the Board may not receive additional pay, al15 lowances, or benefits by reason of their service 

16 on the Board. 

17 (B) TRAVEL EXPENSES.—Each member 

18 shall receive travel expenses, including per diem 

19 in lieu of subsistence, in accordance with appli20 cable provisions under subchapter I of chapter 

21 57 of title 5, United States Code. 

22 (7) REPORT.—Not later January 31, 2022, and 

23 annually thereafter, the Board shall submit to the 

24 Secretary a report containing a detailed statement 

25 relating to— 


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1 (A) the prioritization of activities described 

2 in subsection (d); and 

3 (B) recommendations with respect to the 

4 expenditure of funds from the Trust Fund. 

5 (8) NONAPPLICABILITY OF FACA.—Notwith6 standing section 14 of the Federal Advisory Com7 mittee Act (5 U.S.C. App.), the Board is authorized 

8 for a period commensurate with the LPOE Mod9 ernization Trust Fund authorization. 

10 (h) CUSTOMS FEES.— 

11 (1) BORDER PORT OF ENTRY MAINTENANCE

12 FEES.—Section 13031(f)(1) of the Consolidated Om13 nibus Budget Reconciliation Act of 1985 (19 U.S.C. 

14 58c(f)(1)) is amended— 

15 (A) in subparagraph (A), by striking ‘‘, 

16 and’’ and inserting a semicolon; 

17 (B) in subparagraph (B), by striking the 

18 period at the end and inserting ‘‘; and’’; and 

19 (C) by adding at the end the following new 

20 subparagraph: 

21 ‘‘(C) $1,600,000,000 of such fees collected shall 

22 be transferred to the Border Port of Entry Mod23 ernization Trust Fund established pursuant to the 

24 LPOE Modernization Trust Fund Act.’’. 


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1 (2) FEES COLLECTED FOR EXPRESS CONSIGN2 MENT OPERATIONS.—Section 13031(b)(9) of the 

3 Consolidated Omnibus Budget Reconciliation Act of 

4 1985 (19 U.S.C. 58c(b)(9)) is amended— 

5 (A) in subparagraph (B)(iii)(III), to read 

6 as follows: 

7 ‘‘(III) The remaining 25 percent of the 

8 amount of payments received under subpara9 graph (A)(ii) and clause (ii) of this subpara10 graph shall be transferred into the Border Port 

11 of Entry Modernization Trust Fund and made 

12 available for the purposes of that account with13 out fiscal year limitation;’’; and 

14 (B) in subparagraph (C), by adding at the 

15 end the following: 

16 ‘‘(iii) The terms ‘individual air waybill’ and ‘bill 

17 of lading’ mean a document or other tracking mech18 anism representing an individual shipment, that is 

19 not a consolidated or master document— 

20 ‘‘(I) having its own unique bill number, 

21 unique tracking number, or other unique identi22 fier; 

23 ‘‘(II) assigned to a single ultimate con24 signee; and 


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1 ‘‘(III) with respect to which no lower 

2 tracking unit exists.’’. 

3 (3) SURCHARGE OF FEES COLLECTED.—Not4 withstanding any other provision of law— 

5 (A) the Secretary shall charge a surcharge 

6 of— 

7 (i) $40 on the immigrant user fee es8 tablished under section 286(m) of the Im9 migration and Naturalization Act (8 

10 U.S.C. 1356(m)); and 

11 (ii) $6 on the land border inspection 

12 fee established under section 286(q) of 

13 such Act (8 U.S.C. 1356(q)); and 

14 (B) the Secretary of State shall charge a 

15 surcharge of $20 on the machine-readable visa 

16 fee established under section 103 of the En17 hanced Border Security and Visa Entry Reform 

18 Act of 2002 (8 U.S.C. 1713). 

19 (4) INCREASES TO CERTAIN FEES TO ACCOUNT

20 FOR INFLATION.—Section 32201(b) of the FAST 

21 Act (19 U.S.C. 58c note) is amended by inserting ‘‘, 

22 except for fees collected pursuant to section 

23 13031(b)(9)(A)(ii)(I) of the Consolidated Omnibus 

24 Budget Reconciliation Act of 1985’’ after ‘‘appro25 priations Acts’’. 


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1 (i) DONATION ACCEPTANCE PROGRAM.—Section 

2 482(b)(4)(A) of the Homeland Security Act of 2002 (6 

3 U.S.C. 301(b)(4)(A)) is amended by striking ‘‘4 years’’ 

4 and all that follows through ‘‘section.’’ and inserting ‘‘5 

5 years after December 16, 2021.’’. 

6 (j) DEFINITIONS.—In this section: 

7 (1) ADMINISTRATOR.—The term ‘‘Adminis8 trator’’ means the Administrator of General Serv9 ices. 

10 (2) APPROPRIATE CONGRESSIONAL COMMIT11 TEES.—The term ‘‘appropriate congressional com12 mittees’’ means— 

13 (A) the Committee on Homeland Security, 

14 the Committee on Appropriations, the Com15 mittee on Transportation and Infrastructure, 

16 and the Committee on Ways and Means of the 

17 House of Representatives; and 

18 (B) the Committee on Homeland Security 

19 and Governmental Affairs, the Committee on 

20 Appropriations, the Committee on Commerce, 

21 Science, and Transportation, and the Com22 mittee on Finance of the Senate. 

23 (3) CBP.—The term ‘‘CBP’’ means U.S. Cus24 toms and Border Protection. 


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1 (4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

2 has the meaning given such term in section 4(e) of 

3 the Indian Self-Determination Act (25 U.S.C. 

4 5304(e)). 

5 (5) SECRETARY.—Except as otherwise specified 

6 in this section, the term ‘‘Secretary’’ means the Sec7 retary of Homeland Security. 

8 (6) TRIBAL GOVERNMENT.—The term ‘‘tribal 

9 government’’ means the government of an Indian 

10 tribe. 

Æ 


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