,i  #aaith ,,congress  #ast ,session    
,h4 ,r4 #abig  ,,in ,,the ,,house ,,of  
,,representatives  ,february #ac1       
#bjbe,mr4 ,cuellar 7for himself1 ,mr4   
,tony ,gonzales of ,texas1 ,ms4         
,escobar1 ,mr4 ,vasquez1 and ,mr4       
,vicente ,gonzalez of ,texas7 introduced
 the following bill2 which was referred 
to the ,committee on ,ways and ,means1  
and in addition to the ,committees on   
,homeland ,security1 ,agriculture1 and  
the ,judiciary1 for a period to be      
subsequently determined by the ,speaker1
 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 ,fund1 
and for other purposes4  #a4 ,short     
title ,this ,act may be cited as the    
,,lpoe ,modernization ,trust ,fund ,act4
  #b4 ,land ,port of ,entry             
,modernization ,trust ,fund  7a7        
,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 7referred to
 in this section as the ,trust ,fund71  
consisting of amounts transferred to the
 ,trust ,fund under subsection 7b7 and  
any amounts that may be credited to the 
,trust ,fund under subsection 7c74  7b7 
,deposits into trust fund ,there shall  
be deposited into the ,trust ,fund as   
discretionary offsetting collections1   
for fiscal year #bjbf and each fiscal   
year thereafter-- 7#a7 twenty-five      
percent of all fees collected pursuant  
to section #acjca7;b77#i77;,a77ii77,i7  
of the ,consolidated ,omnibus ,budget   
,reconciliation ,act of #aihe 7#ai      
,u4,s4,c4 #eh;c7b77#i77;,a77ii77,i772   
7#b7 up to #a1fjj1jjj1jjj of the        
,merchandise ,processing ,fees collected
 pursuant to section                    
#acjca7;a77#i77;,b77i7 of the           
,consolidated ,omnibus ,budget          
,reconciliation ,act of #aihe 7#ai      
,u4,s4,c4 #eh;c7a77#i77;,b77i772 and    

7#c7 twenty-five percent of all         
surcharges collected under subsection   
7h77#c7 of this ,act related to-- 7,a7  
immigrant user fee established under    
section #bhf7m7 of the ,immigration and 
,nationality ,act 7#h ,u4,s4,c4 #bb     
#acef7m772  7,b7 land border inspection 
fees established under section #bhf7q7  
of such ,act 7#h ,u4,s4,c4 #acef7q772   
and  7,c7 the machine-readable visa fee 
established under section #ajc of the   
,enhanced ,border ,security and ,visa   
,entry ,reform ,act of #bjjb 7#h        
,u4,s4,c4 #agac74  7c7 ,investment of   
amounts  7#a7 ,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 ,states4  7#b7  
,interest and proceeds ,the interest on1
 and the proceeds from the sale or      
redemption of1 any obligations held in  

the ,trust ,fund shall be credited to   
the ,trust ,fund as discretionary       
offsetting collections1 and shall form a
 part of the ,trust ,fund4  7d7 ,use of 
,trust ,fund  7#a7 ,in general ,amounts 
in the ,trust ,fund1 including amounts  
described in subsection 7c77#b71 shall  
be made available to the ,secretary for 
the purposes described in paragraph 7#b7
 only to the extent and in the amounts  
provided in advance in appropriations   
,acts4  7#b7 ,purposes ,subject to      
paragraph 7#a71 amounts in the ,trust   
,fund shall be made available for the   
following purposes3 7,a7 ,the           
construction of new ,united ,states     
ports of entry4  7,b7 ,the expansion and
 improvement of existing ,united ,states
 ports of entry infrastructure to       
accommodate high volumes of commercial1 
vehicle1 and pedestrian traffic4  7,c7  
,the procurement of technology and      
supporting infrastructure for ,united   
,states ports of entry1 and related     
cargo and commercial inspection         

facilities1 to facilitate the inspection
 and processing of commercial1 vehicle1 
and pedestrian traffic4  7,d7 ,the      
facilitation of major repairs and       
alterations of ,united ,states land     
ports of entry4  7,e7 ,hiring ,u4,s4    
,customs and ,border ,protection        
officers1 agricultural specialists1 and 
professional staff to support the trade 
and revenue mission of such agency4     
7#c7 ,consultation  7,a7 ,in general    
,the purposes described in paragraph    
7#b7 shall be carried out by the        
,secretary1 in consultation with the    
,administrator of ,general ,services1   
the ,chief of ,engineers and ,commanding
 ,general of the ,united ,states ,army  
,corps of ,engineers1 ,state1 local1 and
 ,tribal governments1 organizations that
 represent the interests of commerce1   
and relevant advisory committees under  
chapter #aj of title #e1 ,united ,states
 ,code4  7,b7 ,consideration of         
transportation plans ,the ,secretary1 in
 consultation with the ,board           

established pursuant to subsection      
7g77#a71 shall consider regional        
bi-national transportation master plans 
to carry out the purposes described in  
paragraph 7#b74  7e7 ,limitations ,the  
,secretary1 in coordination with the    
,secretary of the ,treasury and the     
,secretary of ,state1 shall not seek to 
increase fees as a measure to offset    
amounts deposited into the ,trust ,fund4
  7f7 ,reports ,not later than ,march   
#aj of each year1 the ,secretary1 in    
coordination with the ,administrator of 
,general ,services1 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--
 7#a7 how1 and to which recipients1     
amounts have been obligated and expended
 from the ,trust ,fund in the immediate 
previous fiscal year2  7#b7 how1 and to 
which recipients1 amounts are planned to
 be obligated or expended from the      

,trust ,fund in the upcoming fiscal     
year2  7#c7 the amount remaining in the 
,trust ,fund2 and  7#d7 the expected    
dates of completion for purposes        
described in subsection 7d74  7g7 ,land 
,port of ,entry ,modernization          
,oversight ,board  7#a7 ,establishment  
,the ,secretary shall establish an      
oversight board to be known as the ,land
 ,port of ,entry ,modernization         
,oversight ,board 7referred to in this  
section as the ,board74  7#b7 ,duties of
 ,board ,the ,board shall-- 7,a7 advise 
the ,secretary with respect to the      
prioritization of purposes described in 
subsection 7d72 and  7,b7 review the    
expenditure of funds from the ,trust    
,fund4  7#c7 ,membership  7,a7 ,in      
general ,the ,board shall be composed of
 #i members1 as follows3 7i7 ,the       
,secretary of ,homeland ,security or the
 ,secretary's designee4  7ii7 ,the      
,administrator of ,general ,services or 
the ,secretary's designee4  7iii7 ,the  
,secretary of ,commerce or the          

,secretary's designee4  7iv7 ,the       
,secretary of ,state or the ,secretary's
 designee4  7v7 ,the ,secretary of      
,transportation or the ,secretary's     
designee4  7vi7 ,a representative of the
 ,united ,states trucking industry1     
appointed by the ,secretary of ,homeland
 ,security4  7vii7 ,a representative of 
the ,united ,states land ports of entry 
or rail sectors located on the southwest
 land border1 appointed by the          
,secretary of ,homeland ,security4      
7viii7 ,a representative of the ,united 
,states land ports of entry or rail     
sectors located on the northern land    
border1 appointed by the ,secretary of  
,homeland ,security4  7ix7 ,a           
representative of a ,state or local     
transportation authority1 appointed by  
the ,secretary of ,homeland ,security4  
7,b7 ,timing of appointments ,each      
member appointed under clauses 7vi7 and 
7vii7 of subparagraph 7,a7 shall be made
 not later than #c months after the date
 of the enactment of this ,act4  7,c7   

,terms  7i7 ,in general ,each member    
appointed under clauses 7vi71 7vii71 and
 7viii7 of subparagraph 7,a7 shall serve
 for a term of #b years4  7ii7          
,vacancies ,each member appointed to    
fill a vacancy of a member appointed    
under clauses 7vi71 7vii71 and 7viii7 of
 subparagraph 7,a71 occurring before the
 expiration of the term for which the   
member's predecessor was appointed1     
shall be appointed only for the         
remainder of that term4 ,a member may   
serve after the expiration of that term 
until a successor has been appointed4   
7,d7 ,chairperson ,the ,chairperson of  
the ,board shall be the ,secretary of   
,homeland ,security4  7#d7 ,meeting     
7,a7 ,initial meeting ,the ,board shall 
hold its initial meeting not later than 
#cj days after the final appointment of 
members under clauses 7vi71 7vii71 and  
7viii7 of paragraph 7#c77;,a74  7,b7    
,meeting ,the ,board shall meet not     
fewer than #a time each year at the call
 of the ,chairperson4  7#e7 ,quorum     

,four members of the ,board shall       
constitute a quorum4  7#f7 ,compensation
  7,a7 ,prohibition of compensation     
,except as provided in paragraph 7#b71  
members of the ,board may not receive   
additional pay1 allowances1 or benefits 
by reason of their service on the       
,board4  7,b7 ,travel expenses ,each    
member shall receive travel expenses1   
including per diem in lieu of           
subsistence1 in accordance with         
applicable provisions under subchapter  
,i of chapter #eg of title #e1 ,united  
,states ,code4  7#g7 ,report ,not later 
,january #ca1 #bjbf1 and annually       
thereafter1 the ,board shall submit to  
the ,secretary a report containing a    
detailed statement relating to-- 7,a7   
the prioritization of activities        
described in subsection 7d72 and  7,b7  
recommendations with respect to the     
expenditure of funds from the ,trust    
,fund4  7#h7 ,nonapplicability of       
certain advisory committee rules        
,notwithstanding section #ajac of title 

#e1 ,united ,states ,code1 the ,board is
 authorized for a period commensurate   
with the ,,lpoe ,modernization ,trust   
,fund authorization4  7h7 ,customs fees 
7#a7 ,land port of entry maintenance    
fees transfer ,not later than #fj days  
after the date of enactment of this     
,act1 up to #a1fjj1jjj1jjj of the amount
 in the ,customs ,user ,fee ,account    
established pursuant to paragraph 7#a7  
of section #acjca7;f7 of the            
,consolidated ,omnibus ,budget          
,reconciliation ,act of #aihe 7#ai      
,u4,s4,c4 #eh;c7f77#a77 and not         
otherwise appropriated shall be         
transferred to the ,trust ,fund1 subject
 to paragraph 7#c7 of such section      
#acjca7;f74 ,notwithstanding paragraph  
7#b7 of such section #acjca7;f71 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        
7d77#b74  7#b7 ,fees collected for      
express consignment operations ,section 
#acjca7;b77#i7 of the ,consolidated     
,omnibus ,budget ,reconciliation ,act of
 #aihe 7#ai ,u4,s4,c4 #eh;c7b77#i77 is  
amended-- 7,a7 in subparagraph          
7,b77iii77,,iii71 to read as follows3   
7,,iii7 ,the remaining #be percent of   
the amount of payments received under   
subparagraph 7,a77ii7 and clause 7ii7 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 #b7;d77#b7
 of the ,,lpoe ,modernization ,trust    
,fund ,act2  2 and  7,b7 in subparagraph
 7,c71 by adding at the end the         
following3  7iii7 ,the terms individual 
air waybill and bill of lading mean a   
document or other tracking mechanism    
representing an individual shipment1    

that is not a consolidated or master    
document-- 7,i7 having its own unique   
bill number1 unique tracking number1 or 
other unique identifier2  7,,ii7        
assigned to a single ultimate consignee2
 and  7,,iii7 with respect to which no  
lower tracking unit exists4  4  7#c7    
,surcharge of fees collected            
,notwithstanding any other provision of 
law-- 7,a7 the ,secretary shall charge a
 surcharge of-- 7i7 #dj on the immigrant
 user fee established under section     
#bhf7m7 of the ,immigration and         
,naturalization ,act 7#h ,u4,s4,c4      
#acef7m772 and  7ii7 #f on the land     
border inspection fee established under 
section #bhf7q7 of such ,act 7#h        
,u4,s4,c4 #acef7q772 and  7,b7 the      
,secretary of ,state shall charge a     
surcharge of #bj on the machine-readable
 visa fee established under section #ajc
 of the ,enhanced ,border ,security and 
,visa ,entry ,reform ,act of #bjjb 7#h  
,u4,s4,c4 #agac74  7i7 ,definitions ,in 
this section3 7#a7 ,appropriate         

congressional committees ,the term      
appropriate congressional committees    
means-- 7,a7 the ,committee on ,homeland
 ,security1 the ,committee on           
,appropriations1 the ,committee on      
,transportation and ,infrastructure1 and
 the ,committee on ,ways and ,means of  
the ,house of ,representatives2 and     
7,b7 the ,committee on ,homeland        
,security and ,governmental ,affairs1   
the ,committee on ,appropriations1 the  
,committee on ,commerce1 ,science1 and  
,transportation1 and the ,committee on  
,finance of the ,senate4  7#b7 ,indian  
tribe ,the term ,indian tribe has the   
meaning given such term in section      
#d7;e7 of the ,indian                   
,self-,determination ,act 7#be ,u4,s4,c4
 #ecjd7;e774  7#c7 ,secretary ,except as
 otherwise specified in this section1   
the term ,secretary means the ,secretary
 of ,homeland ,security4  7#d7 ,tribal  
government ,the term ,tribal government 
means the government of an ,indian      
tribe4