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 Com-
mittee on Ways and Means, and in addition to the Committees on Home-
land 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 com-
mittee 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 Representa-
tives 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’’. 
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SEC. 2. LAND PORT OF ENTRY MODERNIZATION TRUST 
FUND. 
(a) CREATION OF TRUST FUND.—There is estab-
lished 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) TRANSFERS TO TRUST FUND.—The Secretary of 
the Treasury shall transfer to the Trust Fund, from the 
general fund of the Treasury, for fiscal year 2021 and 
each fiscal year thereafter, an amount equivalent to the 
amount received into the general fund during that fiscal 
year attributable to— 
(1) twenty-five percent of all fees collected pur-
suant to section 13031(b)(9)(A)(ii)(I) of the Consoli-
dated Omnibus Budget Reconciliation Act of 1985 
(19 U.S.C. 58c(b)(9)(A)(ii)(I)); 
(2) $1,600,000,000 from the Merchandise Proc-
essing 
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 re-
quired under subsection (h)(3) related to— 
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(A) immigrant user fee established under 
section 286(m) of the Immigration and Nation-
ality 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 estab-
lished under section 103 of the Enhanced Bor-
der Security and Visa Entry Reform Act of 
2002 (8 U.S.C. 1713). 
(c) INVESTMENT OF AMOUNTS.— 
(1) IN GENERAL.—The Secretary of the Treas-
ury shall invest such portion of the Trust Fund as 
is not required to meet current withdrawals in inter-
est-bearing obligations of the United States or in ob-
ligations guaranteed as to both principal and inter-
est 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 and form a part of the Trust Fund. 
(d) USE OF TRUST FUND.— 
(1) IN GENERAL.—Amounts in the Trust Fund 
shall be available to the Secretary, without further 
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appropriation, for the purposes described in para-
graph 2. 
(2) PURPOSES.—The purposes described in this 
paragraph are the following: 
(A) The construction of new United States 
ports of entry. 
(B) The expansion and improvement of ex-
isting United States ports of entry infrastruc-
ture to accommodate high volumes of commer-
cial, vehicle, and pedestrian traffic. 
(C) The procurement of technology and 
supporting infrastructure for United States 
ports of entry, and related cargo and commer-
cial inspection facilities, to facilitate the inspec-
tion 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 CBP officers, CBP agricultural 
specialists, and CBP professional staff to sup-
port the trade and revenue mission of CBP. 
(3) CONSULTATION.— 
(A) IN GENERAL.—The purposes described 
in paragraph 2 shall be carried out by the Sec-
retary, in consultation with the Administrator, 
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the Chief of Engineers and Commanding Gen-
eral of the United States Army Corps of Engi-
neers, State, local, and tribal governments, or-
ganizations that represent the interests of com-
merce, and relevant Federal Advisory Com-
mittee Act committees. 
(B) CONSIDERATION OF TRANSPORTATION 
PLANS.—The Secretary, in consultation with 
the Board established pursuant to subsection 
(g)(1), shall consider regional bi-national trans-
portation master plans to carry out the pur-
poses described in paragraph 2. 
(e) LIMITATIONS.— 
(1) EXPENDING
FUNDS.—The Secretary may 
only expend funds made available from the Trust 
Fund to carry out the purposes described in sub-
section (d) if— 
(A) the Secretary submitted the annual re-
port to the appropriate congressional commit-
tees and the Board required under subsection 
(f)(1); and 
(B) thirty days elapse. 
(2) NO OFFSET AMOUNT.—The Secretary, in 
coordination with the Secretary of the Treasury and 
the Secretary of State, shall not seek to increase fees 
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as a measure to offset amounts deposited into the 
Trust Fund. 
(f) REPORTS.— 
(1) REPORT
TO
CONGRESS.—Not later than 
March 10 of each year, the Secretary, in coordina-
tion with the Administrator, shall submit to the ap-
propriate congressional committees and the Board a 
report on the status of the implementation of this 
section that includes a description of— 
(A) how, and to which recipients, amounts 
have been expended from the Trust Fund in the 
immediate previous fiscal year; 
(B) how, and to which recipients, amounts 
are planned to be expended from the Trust 
Fund in the upcoming fiscal year; 
(C) the amount remaining in the Trust 
Fund; and 
(D) the expected dates of completion for 
purposes described in subsection (d). 
(2) SUPPLEMENTAL REPORT TO CONGRESS.— 
The Secretary may expend funds made available by 
the Trust Fund to carry out the purposes described 
in subsection (d) not listed in the report required 
under paragraph (1) if— 
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(A) the Secretary submits to the appro-
priate congressional committees and the Board 
a supplemental report that includes information 
relating to such expenditure; and 
(B) such report is submitted to the appro-
priate congressional committees and the Board 
60 days prior to such expenditure of funds. 
(g) BORDER
PORT
OF
ENTRY
MODERNIZATION 
OVERSIGHT BOARD.— 
(1) ESTABLISHMENT.—The Secretary shall es-
tablish an oversight board to be known as the ‘‘Bor-
der 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 sub-
section (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 Secu-
rity or the Secretary’s designee. 
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(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, ap-
pointed by the Secretary of Homeland Se-
curity. 
(viii) A representative of the United 
States land ports of entry or rail sectors 
located on the northern land border, ap-
pointed by the Secretary of Homeland Se-
curity. 
(ix) A representative of a State or 
local transportation authority, appointed 
by the Secretary of Homeland Security. 
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(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 ap-
pointed under clauses (vi), (vii), and (viii) 
of subparagraph (A) shall serve for a term 
of 2 years. 
(ii) VACANCIES.—Each member ap-
pointed to fill a vacancy of a member ap-
pointed under clauses (vi), (vii), and (viii) 
of subparagraph (A), occurring before the 
expiration of the term for which the mem-
ber’s predecessor was appointed, shall be 
appointed only for the remainder of that 
term. A member may serve after the expi-
ration 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.— 
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(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 subparagraph 
(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, al-
lowances, 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 appli-
cable provisions under subchapter I of chapter 
57 of title 5, United States Code. 
(7) REPORT.—Not later January 31, 2022, and 
annually thereafter, the Board shall submit to the 
Secretary a report containing a detailed statement 
relating to— 
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(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
FACA.—Notwith-
standing section 14 of the Federal Advisory Com-
mittee Act (5 U.S.C. App.), the Board is authorized 
for a period commensurate with the LPOE Mod-
ernization Trust Fund authorization. 
(h) CUSTOMS FEES.— 
(1) BORDER
PORT
OF
ENTRY
MAINTENANCE 
FEES.—Section 13031(f)(1) of the Consolidated Om-
nibus Budget Reconciliation Act of 1985 (19 U.S.C. 
58c(f)(1)) is amended— 
(A) in subparagraph (A), by striking ‘‘, 
and’’ and inserting a semicolon; 
(B) in subparagraph (B), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(C) $1,600,000,000 of such fees collected shall 
be transferred to the Border Port of Entry Mod-
ernization Trust Fund established pursuant to the 
LPOE Modernization Trust Fund Act.’’. 
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(2) FEES COLLECTED FOR EXPRESS CONSIGN-
MENT
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 subpara-
graph (A)(ii) and clause (ii) of this subpara-
graph shall be transferred into the Border Port 
of Entry Modernization Trust Fund and made 
available for the purposes of that account with-
out fiscal year limitation;’’; 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 mech-
anism 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 identi-
fier; 
‘‘(II) assigned to a single ultimate con-
signee; and 
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