LPOE Modernization Trust Fund Act

Subjects: Immigration


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3135 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 3135

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 9, 2023

Mr. Cuellar (for himself, Mr. Tony Gonzales of Texas, Ms. Escobar, Mr. 
 Vasquez, and Mr. Vicente Gonzalez of Texas) introduced the following 
  bill; which was referred to the Committee on Ways and Means, and in 
 addition to the Committees on Homeland Security, Agriculture, and the 
 Judiciary, 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.

    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 ``LPOE Modernization Trust Fund Act''.

SEC. 2. LAND PORT OF ENTRY MODERNIZATION TRUST FUND.

    (a) Creation of Trust Fund.--There is established in the Treasury 
of the United States a trust fund to be known as the ``Land Port of 
Entry Modernization Trust Fund'' (referred to in this section as the 
``Trust Fund''), consisting of amounts transferred to the Trust Fund 
under subsection (b) and any amounts that may be credited to the Trust 
Fund under subsection (c).
    (b) Deposits Into Trust Fund.--There shall be deposited into the 
Trust Fund as discretionary offsetting collections, for fiscal year 
2024 and each fiscal year thereafter--
            (1) twenty-five percent of all fees collected pursuant to 
        section 13031(b)(9)(A)(ii)(I) of the Consolidated Omnibus 
        Budget Reconciliation Act of 1985 (19 U.S.C. 
        58c(b)(9)(A)(ii)(I));
            (2) up to $1,600,000,000 of the Merchandise Processing Fees 
        collected pursuant to section 13031(a)(9)(B)(i) of the 
        Consolidated Omnibus Budget Reconciliation Act of 1985 (19 
        U.S.C. 58c(a)(9)(B)(i)); and
            (3) twenty-five percent of all surcharges collected under 
        subsection (h)(3) of this Act related to--
                    (A) immigrant user fee established under section 
                286(m) of the Immigration and Nationality Act (8 U.S.C. 
                22 1356(m));
                    (B) land border inspection fees established under 
                section 286(q) of such Act (8 U.S.C. 1356(q)); and
                    (C) the machine-readable visa fee established under 
                section 103 of the Enhanced Border Security and Visa 
                Entry Reform Act of 2002 (8 U.S.C. 1713).
    (c) Investment of Amounts.--
            (1) In general.--The Secretary of the Treasury shall invest 
        such portion of the Trust Fund as is not required to meet 
        current obligations in interest-bearing obligations of the 
        United States or in obligations guaranteed as to both principal 
        and interest by the United States.
            (2) Interest and proceeds.--The interest on, and the 
        proceeds from the sale or redemption of, any obligations held 
        in the Trust Fund shall be credited to the Trust Fund as 
        discretionary offsetting collections, and shall form a part of 
        the Trust Fund.
    (d) Use of Trust Fund.--
            (1) In general.--Amounts in the Trust Fund, including 
        amounts described in subsection (c)(2), shall be made available 
        to the Secretary for the purposes described in paragraph (2) 
        only to the extent and in the amounts provided in advance in 
        appropriations Acts.
            (2) Purposes.--Subject to paragraph (1), amounts in the 
        Trust Fund shall be made available for the following purposes:
                    (A) The construction of new United States ports of 
                entry.
                    (B) The expansion and improvement of existing 
                United States ports of entry infrastructure to 
                accommodate high volumes of commercial, vehicle, and 
                pedestrian traffic.
                    (C) The procurement of technology and supporting 
                infrastructure for United States ports of entry, and 
                related cargo and commercial inspection facilities, to 
                facilitate the inspection and processing of commercial, 
                vehicle, and pedestrian traffic.
                    (D) The facilitation of major repairs and 
                alterations of United States land ports of entry.
                    (E) Hiring U.S. Customs and Border Protection 
                officers, agricultural specialists, and professional 
                staff to support the trade and revenue mission of such 
                agency.
            (3) Consultation.--
                    (A) In general.--The purposes described in 
                paragraph (2) shall be carried out by the Secretary, in 
                consultation with the Administrator of General 
                Services, the Chief of Engineers and Commanding General 
                of the United States Army Corps of Engineers, State, 
                local, and Tribal governments, organizations that 
                represent the interests of commerce, and relevant 
                advisory committees under chapter 10 of title 5, United 
                States Code.
                    (B) Consideration of transportation plans.--The 
                Secretary, in consultation with the Board established 
                pursuant to subsection (g)(1), shall consider regional 
                bi-national transportation master plans to carry out 
                the purposes described in paragraph (2).
    (e) Limitations.--The Secretary, in coordination with the Secretary 
of the Treasury and the Secretary of State, shall not seek to increase 
fees as a measure to offset amounts deposited into the Trust Fund.
    (f) Reports.--Not later than March 10 of each year, the Secretary, 
in coordination with the Administrator of General Services, shall 
submit to the Committees on Appropriations of the House of 
Representatives and the Senate and the Board a report on the status of 
the implementation of this section that includes a description of--
            (1) how, and to which recipients, amounts have been 
        obligated and expended from the Trust Fund in the immediate 
        previous fiscal year;
            (2) how, and to which recipients, amounts are planned to be 
        obligated or expended from the Trust Fund in the upcoming 
        fiscal year;
            (3) the amount remaining in the Trust Fund; and
            (4) the expected dates of completion for purposes described 
        in subsection (d).
    (g) Land Port of Entry Modernization Oversight Board.--
            (1) Establishment.--The Secretary shall establish an 
        oversight board to be known as the ``Land Port of Entry 
        Modernization Oversight Board'' (referred to in this section as 
        the ``Board'').
            (2) Duties of board.--The Board shall--
                    (A) advise the Secretary with respect to the 
                prioritization of purposes described in subsection (d); 
                and
                    (B) review the expenditure of funds from the Trust 
                Fund.
            (3) Membership.--
                    (A) In general.--The Board shall be composed of 9 
                members, as follows:
                            (i) The Secretary of Homeland Security or 
                        the Secretary's designee.
                            (ii) The Administrator of General Services 
                        or the Secretary's designee.
                            (iii) The Secretary of Commerce or the 
                        Secretary's designee.
                            (iv) The Secretary of State or the 
                        Secretary's designee.
                            (v) The Secretary of Transportation or the 
                        Secretary's designee.
                            (vi) A representative of the United States 
                        trucking industry, appointed by the Secretary 
                        of Homeland Security.
                            (vii) A representative of the United States 
                        land ports of entry or rail sectors located on 
                        the southwest land border, appointed by the 
                        Secretary of Homeland Security.
                            (viii) A representative of the United 
                        States land ports of entry or rail sectors 
                        located on the northern land border, appointed 
                        by the Secretary of Homeland Security.
                            (ix) A representative of a State or local 
                        transportation authority, appointed by the 
                        Secretary of Homeland Security.
                    (B) Timing of appointments.--Each member appointed 
                under clauses (vi) and (vii) of subparagraph (A) shall 
                be made not later than 3 months after the date of the 
                enactment of this Act.
                    (C) Terms.--
                            (i) In general.--Each member appointed 
                        under clauses (vi), (vii), and (viii) of 
                        subparagraph (A) shall serve for a term of 2 
                        years.
                            (ii) Vacancies.--Each member appointed to 
                        fill a vacancy of a member appointed under 
                        clauses (vi), (vii), and (viii) of subparagraph 
                        (A), occurring before the expiration of the 
                        term for which the member's predecessor was 
                        appointed, shall be appointed only for the 
                        remainder of that term. A member may serve 
                        after the expiration of that term until a 
                        successor has been appointed.
                    (D) Chairperson.--The Chairperson of the Board 
                shall be the Secretary of Homeland Security.
            (4) Meeting.--
                    (A) Initial meeting.--The Board shall hold its 
                initial meeting not later than 30 days after the final 
                appointment of members under clauses (vi), (vii), and 
                (viii) of paragraph (3)(A).
                    (B) Meeting.--The Board shall meet not fewer than 1 
                time each year at the call of the Chairperson.
            (5) Quorum.--Four members of the Board shall constitute a 
        quorum.
            (6) Compensation.--
                    (A) Prohibition of compensation.--Except as 
                provided in paragraph (2), members of the Board may not 
                receive additional pay, allowances, or benefits by 
                reason of their service on the Board.
                    (B) Travel expenses.--Each member shall receive 
                travel expenses, including per diem in lieu of 
                subsistence, in accordance with applicable provisions 
                under subchapter I of chapter 57 of title 5, United 
                States Code.
            (7) Report.--Not later January 31, 2024, and annually 
        thereafter, the Board shall submit to the Secretary a report 
        containing a detailed statement relating to--
                    (A) the prioritization of activities described in 
                subsection (d); and
                    (B) recommendations with respect to the expenditure 
                of funds from the Trust Fund.
            (8) Nonapplicability of certain advisory committee rules.--
        Notwithstanding section 1013 of title 5, United States Code, 
        the Board is authorized for a period commensurate with the LPOE 
        Modernization Trust Fund authorization.
    (h) Customs Fees.--
            (1) Land port of entry maintenance fees transfer.--Not 
        later than 60 days after the date of enactment of this Act, up 
        to $1,600,000,000 of the amount in the Customs User Fee Account 
        established pursuant to paragraph (1) of section 13031(f) of 
        the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 
        U.S.C. 58c(f)(1)) and not otherwise appropriated shall be 
        transferred to the Trust Fund, subject to paragraph (3) of such 
        section 13031(f). Notwithstanding paragraph (2) of such section 
        13031(f), amounts transferred from the Customs User Fee Account 
        to the Trust Fund pursuant to the preceding sentence shall be 
        available only to the extent and in the amounts provided in 
        advance in appropriations Acts to carry out the purposes 
        specified in subsection (d)(2).
            (2) Fees collected for express consignment operations.--
        Section 13031(b)(9) of the Consolidated Omnibus Budget 
        Reconciliation Act of 1985 (19 U.S.C. 58c(b)(9)) is amended--
                    (A) in subparagraph (B)(iii)(III), to read as 
                follows:
                    ``(III) The remaining 25 percent of the amount of 
                payments received under subparagraph (A)(ii) and clause 
                (ii) of this subparagraph shall be deposited into the 
                Land Port of Entry Modernization Trust Fund and shall 
                be available only to the extent and in the amounts 
                provided in advance in appropriations Acts to carry out 
                the purposes specified in section 2(d)(2) of the LPOE 
                Modernization Trust Fund Act;''; and
                    (B) in subparagraph (C), by adding at the end the 
                following:
            ``(iii) The terms `individual air waybill' and `bill of 
        lading' mean a document or other tracking mechanism 
        representing an individual shipment, that is not a consolidated 
        or master document--
                    ``(I) having its own unique bill number, unique 
                tracking number, or other unique identifier;
                    ``(II) assigned to a single ultimate consignee; and
                    ``(III) with respect to which no lower tracking 
                unit exists.''.
            (3) Surcharge of fees collected.--Notwithstanding any other 
        provision of law--
                    (A) the Secretary shall charge a surcharge of--
                            (i) $40 on the immigrant user fee 
                        established under section 286(m) of the 
                        Immigration and Naturalization Act (8 U.S.C. 
                        1356(m)); and
                            (ii) $6 on the land border inspection fee 
                        established under section 286(q) of such Act (8 
                        U.S.C. 1356(q)); and
                    (B) the Secretary of State shall charge a surcharge 
                of $20 on the machine-readable visa fee established 
                under section 103 of the Enhanced Border Security and 
                Visa Entry Reform Act of 2002 (8 U.S.C. 1713).
    (i) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Homeland Security, the 
                Committee on Appropriations, the Committee on 
                Transportation and Infrastructure, and the Committee on 
                Ways and Means of the House of Representatives; and
                    (B) the Committee on Homeland Security and 
                Governmental Affairs, the Committee on Appropriations, 
                the Committee on Commerce, Science, and Transportation, 
                and the Committee on Finance of the Senate.
            (2) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given such term in section 4(e) of the Indian Self-
        Determination Act (25 U.S.C. 5304(e)).
            (3) Secretary.--Except as otherwise specified in this 
        section, the term ``Secretary'' means the Secretary of Homeland 
        Security.
            (4) Tribal government.--The term ``Tribal government'' 
        means the government of an Indian tribe.
                                 &lt;all&gt;
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