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