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.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3028 Introduced in House (IH)]
<DOC>
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
Committee on Ways and Means, and in addition to the Committees on
Homeland 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 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) 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.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Ways and Means, and in addition to the Committees on Homeland 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 committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committees on Homeland 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 committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committees on Homeland 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 committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committees on Homeland 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 committee concerned.
Referred to the Subcommittee on Border Security, Facilitation, and Operations.
Referred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management.
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Referred to the Subcommittee on Biotechnology, Horticulture, and Research.