I 
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 fol-
lowing 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 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) DEPOSITS INTO TRUST FUND.—There shall be 
deposited into the Trust Fund as discretionary offsetting 
collections, for fiscal year 2024 and each fiscal year there-
after— 
(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) 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 col-
lected under subsection (h)(3) of this Act related 
to— 
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(1) IN GENERAL.—Amounts in the Trust Fund, 
including amounts described in subsection (c)(2), 
shall be made available to the Secretary for the pur-
poses described in paragraph (2) only to the extent 
and in the amounts provided in advance in appro-
priations 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 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 U.S. Customs and Border Pro-
tection officers, agricultural specialists, and 
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professional staff to support the trade and rev-
enue 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 Adminis-
trator of General Services, the Chief of Engi-
neers and Commanding General of the United 
States Army Corps of Engineers, State, local, 
and Tribal governments, organizations that rep-
resent 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 trans-
portation master plans to carry out the pur-
poses 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 
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General Services, shall submit to the Committees on Ap-
propriations of the House of Representatives and the Sen-
ate and the Board a report on the status of the implemen-
tation 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 pur-
poses described in subsection (d). 
(g) LAND PORT OF ENTRY MODERNIZATION OVER-
SIGHT BOARD.— 
(1) ESTABLISHMENT.—The Secretary shall es-
tablish an oversight board to be known as the ‘‘Land 
Port of Entry Modernization Oversight Board’’ (re-
ferred 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 
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(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. 
(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 
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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. 
(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-
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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.— 
(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, 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-
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