LPOE Modernization Trust Fund Act
Bill: H.R.3028 | Sponsor: Rep. Cuellar, Henry (D-TX)
Policy area: Immigration

Summary:
LPOE Modernization Trust Fund Act
This bill establishes the Land Port of Entry Modernization Trust Fund and addresses other issues related to U.S. ports of entry.
The bill transfers specified amounts, including a portion of certain collected customs fees, to the trust fund each year. It also requires the Department of Homeland Security (DHS) and the Department of State to collect certain surcharges related to immigration and land border inspections, with a portion of the surcharges to be deposited into the trust fund. DHS may not seek to increase fees to offset the amounts transferred into the trust fund.
The amounts in the trust fund may be used without further appropriation to (1) construct new ports of entry, (2) expand and improve existing ports of entry, (3) procure technology for inspecting and processing traffic passing through ports of entry, and (4) hiring U.S. Customs and Border Protection staff. In order to use the trust fund, DHS must annually report to Congress certain information about the trust fund.
DHS must also establish the Border Port of Entry Modernization Oversight Board to advise DHS on how to use the trust fund and to review the trust fund's expenditures.

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) 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 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) $1,600,000,000 from 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 required under 
        subsection (h)(3) 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 withdrawals 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 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 appropriation, for 
        the purposes described in paragraph 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 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 CBP officers, CBP agricultural 
                specialists, and CBP professional staff to support the 
                trade and revenue mission of CBP.
            (3) Consultation.--
                    (A) In general.--The purposes described in 
                paragraph 2 shall be carried out by the Secretary, in 
                consultation with the Administrator, 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 Federal Advisory Committee 
                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 transportation master plans to carry out 
                the purposes 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 subsection (d) if--
                    (A) the Secretary submitted the annual report to 
                the appropriate congressional committees 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 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 coordination with the Administrator, 
        shall submit to the appropriate 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--
                    (A) the Secretary submits to the appropriate 
                congressional committees and the Board a supplemental 
                report that includes information relating to such 
                expenditure; and
                    (B) such report is submitted to the appropriate 
                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 establish an 
        oversight board to be known as the ``Border 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 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, 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, 2022, 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 faca.--Notwithstanding section 14 
        of the Federal Advisory Committee Act (5 U.S.C. App.), the 
        Board is authorized for a period commensurate with the LPOE 
        Modernization Trust Fund authorization.
    (h) Customs Fees.--
            (1) Border port of entry maintenance fees.--Section 
        13031(f)(1) of the Consolidated Omnibus 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 Modernization Trust 
        Fund established pursuant to the LPOE Modernization Trust Fund 
        Act.''.
            (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 transferred into the 
                Border Port of Entry Modernization Trust Fund and made 
                available for the purposes of that account without 
                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 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).
            (4) Increases to certain fees to account for inflation.--
        Section 32201(b) of the FAST Act (19 U.S.C. 58c note) is 
        amended by inserting ``, except for fees collected pursuant to 
        section 13031(b)(9)(A)(ii)(I) of the Consolidated Omnibus 
        Budget Reconciliation Act of 1985'' after ``appropriations 
        Acts''.
    (i) Donation Acceptance Program.--Section 482(b)(4)(A) of the 
Homeland Security Act of 2002 (6 U.S.C. 301(b)(4)(A)) is amended by 
striking ``4 years'' and all that follows through ``section.'' and 
inserting ``5 years after December 16, 2021.''.
    (j) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of General Services.
            (2) 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.
            (3) CBP.--The term ``CBP'' means U.S. Customs and Border 
        Protection.
            (4) 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)).
            (5) Secretary.--Except as otherwise specified in this 
        section, the term ``Secretary'' means the Secretary of Homeland 
        Security.
            (6) Tribal government.--The term ``tribal government'' 
        means the government of an Indian tribe.
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