119-hr1297

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1297 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 1297

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

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 February 13, 2025

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 
2026 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, 2026, 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.
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