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Congressional Research Service
Version 00 · Introduced in House · Feb 13, 2025
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.
Subject to appropriations, the amounts in the trust fund may be used 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.
DHS must also establish the Land Port of Entry Modernization Oversight Board to advise DHS on how to use the trust fund and to review the trust fund's expenditures.
People & committees
Rep. Cuellar, Henry [D-TX-28] · D–TX
Legislative record
A procedural vote is different from passage. Passage in one chamber does not establish enactment. Explore the glossary.
Referred to the Subcommittee on Border Security and Enforcement.
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.
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.
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.
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.
Introduced in House
Introduced in House
Primary sources
Text links open the official source. We also preserved the text version used in the PlainBill explanation below.
No related bills are listed in this snapshot. This does not establish whether the proposal has appeared in earlier Congresses.
Source last updated: Mar 4, 2026. Consult Congress.gov for the current record.
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PlainBill explanation
Based on the full Introduced in House · 2025-02-13 text. This explanation has not received human editorial review. This overview describes the proposal’s major provisions; it does not establish what its real-world effects would be.
The proposed LPOE Modernization Trust Fund Act would create a federal fund for border-entry facilities, inspection technology, and Customs and Border Protection staff. It would redirect specified fee revenue and add charges for people paying certain immigration, land-border inspection, and visa fees. Spending from the fund would require advance approval in appropriations laws. The proposal would affect travelers, commercial traffic, and border agencies; an oversight board would advise on priorities and review spending.
This Act may be cited as the LPOE Modernization Trust Fund Act.
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
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.
Hiring U.S. Customs and Border Protection officers, agricultural specialists, and professional staff to support the trade and revenue mission of such agency.
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.
(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).
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.
Starting in fiscal year 2026 and continuing each fiscal year, the proposal would direct 25% of fees collected under the specified customs-fee provision and up to $1.6 billion in specified Merchandise Processing Fees into the fund. The text classifies these deposits as discretionary offsetting collections, a federal budget category for receipts used to offset spending.
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));
Beginning in fiscal year 2026, the fund would also receive 25% of the new surcharges on the specified immigrant user, land-border inspection, and machine-readable visa fees.
There shall be deposited into the Trust Fund as discretionary offsetting collections, for fiscal year 2026 and each fiscal year thereafter—
(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).
Treasury would have to invest money not needed for current obligations in interest-bearing federal obligations or obligations federally guaranteed for both principal and interest. Interest and proceeds from selling or redeeming those investments would return to the fund.
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.
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.
Depositing money into the fund would not itself authorize spending it. Fund money, including investment receipts, would be available to the Secretary of Homeland Security only in amounts approved in advance through appropriations laws.
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.
Except as otherwise specified in this section, the term Secretary means the Secretary of Homeland Security.
Permitted construction uses would include new U.S. ports of entry and expansion or improvement of existing port infrastructure to accommodate high volumes of commercial, vehicle, and pedestrian traffic. Major repairs and alterations are expressly limited to land ports of entry in that spending category.
(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.
(D) The facilitation of major repairs and alterations of United States land ports of entry.
The fund could support inspection and processing technology and related infrastructure at ports of entry and cargo or commercial inspection facilities. It could also support hiring Customs and Border Protection officers, agricultural specialists, and professional staff for the agency's trade and revenue work.
(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.
(E) Hiring U.S. Customs and Border Protection officers, agricultural specialists, and professional staff to support the trade and revenue mission of such agency.
Homeland Security would administer the spending purposes in consultation with General Services, Army Corps of Engineers leadership, state, local, and Tribal governments, commerce organizations, and relevant advisory committees. It would also have to consider regional transportation master plans covering both countries, in consultation with the oversight board.
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.
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).
Homeland Security, coordinating with Treasury and State, would be prohibited from seeking fee increases to offset deposits into the fund. Separately, the bill itself would require the new surcharges described below.
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.
(3) Surcharge of fees collected Notwithstanding any other provision of law— (A) the Secretary shall charge a surcharge of—
(B) the Secretary of State shall charge a surcharge of $20 on the machine-readable visa fee
By March 10 each year, Homeland Security and General Services would have to report to both congressional Appropriations Committees and the board. The report would identify previous-year commitments and spending, planned upcoming-year commitments or spending and recipients, the remaining balance, and expected completion dates.
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).
Homeland Security would establish a Land Port of Entry Modernization Oversight Board to advise on priorities and review fund expenditures. The Secretary of Homeland Security would chair it.
The Secretary shall establish an oversight board to be known as the Land Port of Entry Modernization Oversight 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.
The Chairperson of the Board shall be the Secretary of Homeland Security.
The board would have nine members: five seats listing federal officials or designees and four Homeland Security appointees representing trucking, southwest-border ports or rail, northern-border ports or rail, and a state or local transportation authority.
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.
The trucking and southwest-border representatives would have to be appointed within three months after enactment. Two-year terms would apply to those representatives and the northern-border representative. Replacements would complete the remaining term, and those members could remain until a successor was appointed.
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.
Each member appointed under clauses (vi), (vii), and (viii) of subparagraph (A) shall serve for a term of 2 years.
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.
The board would first meet within 30 days after the final appointment among the trucking and two border-sector representatives. It would meet at least annually, and four members would constitute a quorum—the minimum attendance required to conduct board business.
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).
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.
The text would generally prohibit extra compensation for board service, while referencing an unclear exception in paragraph (2). Members would receive travel expenses, including a daily subsistence allowance, under the cited federal travel rules.
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.
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.
(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.
The board would have to report priorities and spending recommendations to Homeland Security by January 31, 2026, and annually afterward. Its authorization would last for a period corresponding to the fund's authorization, notwithstanding the cited advisory-committee provision.
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.
Notwithstanding section 1013 of title 5, United States Code, the Board is authorized for a period commensurate with the LPOE Modernization Trust Fund authorization.
Within 60 days after enactment, up to $1.6 billion in Customs User Fee Account money not otherwise appropriated would have to transfer to the fund, subject to the cited existing-law restriction. Spending that transferred money would still require advance appropriations and would be limited to the bill's specified purposes.
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).
The bill would replace a provision governing express-consignment fee payments so that the specified remaining 25% would go to the new fund. Those receipts would also require advance appropriations before being used for the bill's purposes.
(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:
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
For the amended express-consignment fee provision, an individual air waybill or bill of lading—a shipment document or tracking mechanism—would have to identify an individual shipment rather than a consolidated or master shipment. It would need a unique identifier, one ultimate recipient, and no lower tracking unit.
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.
Despite other provisions of law, Homeland Security would have to add $40 to the specified immigrant user fee and $6 to the specified land-border inspection fee. State would have to add $20 to the specified machine-readable visa fee.
(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).
Except as otherwise specified in this section, the term Secretary means the Secretary of Homeland Security.
The supplied official-actions snapshot, updated March 4, 2026, records introduction in the House on February 13, 2025. It also records referrals that day to Ways and Means, Homeland Security, Agriculture, Judiciary, and the Subcommittee on Border Security and Enforcement.
Source snapshot updated 2026-03-04T02:22:17Z.
2025-02-13: Introduced in House
2025-02-13: Referred to the Subcommittee on Border Security and Enforcement.
2025-02-13: 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 closer look
Reviewed version: Introduced in House · 2025-02-13. These findings describe provisions and who may benefit; they are not judgments of waste, corruption, or motive.
This review covers the supplied bill text. “None identified” does not rule out provisions in later versions or accompanying reports and disclosures.
Provisions outside the bill’s main subject, or policy changes attached to appropriations.
None identified in the reviewed text
No unrelated rider was identified in the complete supplied introduced text. This conclusion is limited to that version and does not establish the absence of riders in other versions or accompanying materials.
Spending directed to particular recipients or places outside ordinary competitive or formula-based allocation.
None identified in the reviewed text
No congressionally directed spending for a particular recipient or place was identified in the complete supplied introduced text. Funding mechanisms and permitted uses do not by themselves establish earmarks. This conclusion does not extend to other versions or accompanying materials.
Narrow exceptions, exemptions, or preferential treatment that warrant a closer look.
None identified in the reviewed text
No materially narrow carve-out, special exemption, or preferential benefit warranting a finding was identified in the complete supplied introduced text. This conclusion is limited to that version; ordinary program coverage and administrative representation alone are not treated as targeted benefits.
Full text preserved for this analysis. Legislative record snapshot: Mar 4, 2026. How PlainBill uses AI