[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3903 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 526
117th CONGRESS
  2d Session
                                S. 3903

                          [Report No. 117-176]

 To require the Commissioner of U.S. Customs and Border Protection to 
 establish procedures for conducting maintenance projects at ports of 
    entry at which the Office of Field Operations conducts certain 
                enforcement and facilitation activities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 22, 2022

Mr. Lankford (for himself, Ms. Sinema, Mr. Cornyn, Ms. Hassan, and Mr. 
    Peters) introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

                            October 18, 2022

  Reported under authority of the order of the Senate of October 14, 
                 2022, by Mr. Peters, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To require the Commissioner of U.S. Customs and Border Protection to 
 establish procedures for conducting maintenance projects at ports of 
    entry at which the Office of Field Operations conducts certain 
                enforcement and facilitation activities.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. PORT MAINTENANCE.</DELETED>

<DELETED>    (a) In General.--Section 411(o) of the Homeland Security 
Act of 2002 (6 U.S.C. 211(o)) is amended--</DELETED>
        <DELETED>    (1) by redesignating paragraph (3) as paragraph 
        (4); and</DELETED>
        <DELETED>    (2) by inserting after paragraph (2) the 
        following:</DELETED>
        <DELETED>    ``(3) Port maintenance.--</DELETED>
                <DELETED>    ``(A) Procedures.--Subject to 
                subparagraphs (B) and (C), the Commissioner shall 
                establish procedures by which U.S. Customs and Border 
                Protection may conduct maintenance and repair projects 
                costing not more than $300,000 at any port of entry 
                where the Office of Field Operations performs any of 
                the activities described in subparagraphs (A) through 
                (G) of subsection (g)(3).</DELETED>
                <DELETED>    ``(B) Limitation.--The authority under 
                subparagraph (A) shall only be available for 
                maintenance and repair projects involving existing 
                infrastructure, property, and capital at any port of 
                entry described in subparagraph (A).</DELETED>
                <DELETED>    ``(C) Annual adjustments.--The 
                Commissioner shall annually adjust the amount described 
                in subparagraph (A) by the percentage (if any) by which 
                the Consumer Price Index for All Urban Consumers for 
                the month of June preceding the date on which such 
                adjustment takes effect exceeds the Consumer Price 
                Index for All Urban Consumers for the same month of the 
                preceding calendar year.</DELETED>
                <DELETED>    ``(D) Rule of construction.--Nothing in 
                this paragraph may be construed to affect the 
                availability of funding from--</DELETED>
                        <DELETED>    ``(i) the Federal Buildings Fund 
                        established under section 592 of title 40, 
                        United States Code;</DELETED>
                        <DELETED>    ``(ii) the Donation Acceptance 
                        Program established under section 482; 
                        or</DELETED>
                        <DELETED>    ``(iii) any other statutory 
                        authority or appropriation for projects 
                        described in subparagraph (A).''.</DELETED>
<DELETED>    (b) Reporting.--</DELETED>
        <DELETED>    (1) In general.--Not later than 1 year after the 
        date of the enactment of this Act, and annually thereafter, the 
        Commissioner of U.S. Customs and Border Protection shall submit 
        a report to the Committee on Homeland Security and Governmental 
        Affairs of the Senate, the Committee on Appropriations of the 
        Senate, the Committee on Homeland Security of the House of 
        Representatives, and the Committee on Appropriations of the 
        House of Representatives that includes the elements described 
        in paragraph (2).</DELETED>
        <DELETED>    (2) Elements.--The report required under paragraph 
        (1) shall include--</DELETED>
                <DELETED>    (A) a summary of all maintenance projects 
                conducted pursuant to section 411(o)(3) of the Homeland 
                Security Act of 2002, as added by subsection (a) during 
                the prior fiscal year;</DELETED>
                <DELETED>    (B) the cost of each project referred to 
                in subparagraph (A);</DELETED>
                <DELETED>    (C) the account that funded each such 
                project, if applicable; and</DELETED>
                <DELETED>    (D) any budgetary transfers, if 
                applicable, that funded each such project.</DELETED>
<DELETED>    (c) Technical Amendment.--Section 422(a) of the Homeland 
Security Act of 2002 (6 U.S.C. 232(a)) is amended by inserting 
``section 411(o)(3) of this Act and'' after ``Administrator 
under''.</DELETED>

SECTION 1. PORT MAINTENANCE.

    (a) In General.--Section 411(o) of the Homeland Security Act of 
2002 (6 U.S.C. 211(o)) is amended--
            (1) by redesignating paragraph (3) as paragraph (4); and
            (2) by inserting after paragraph (2) the following:
            ``(3) Port maintenance.--
                    ``(A) Procedures.--
                            ``(i) In general.--Subject to subparagraphs 
                        (B) and (C), the Commissioner, in consultation 
                        with the Administrator of the General Services 
                        Administration--
                                    ``(I) shall establish procedures by 
                                which U.S. Customs and Border 
                                Protection may conduct maintenance and 
                                repair projects costing not more than 
                                $300,000 at any Federal Government-
                                owned port of entry where the Office of 
                                Field Operations performs any of the 
                                activities described in subparagraphs 
                                (A) through (G) of subsection (g)(3); 
                                and
                                    ``(II) is authorized to perform 
                                such maintenance and repair projects, 
                                subject to the procedures described in 
                                clause (ii).
                            ``(ii) Procedures described.--The 
                        procedures established pursuant to clause (i) 
                        shall include--
                                    ``(I) a description of the types of 
                                projects that may be carried out 
                                pursuant to clause (i); and
                                    ``(II) the procedures for 
                                identifying and addressing any impacts 
                                on other tenants of facilities where 
                                such projects will be carried out.
                            ``(iii) Publication of procedures.--All of 
                        the procedures established pursuant to clause 
                        (i) shall be published in the Federal Register.
                            ``(iv) Rule of construction.--The 
                        publication of procedures under clause (iii) 
                        shall not impact the authority of the 
                        Commissioner to update such procedures, in 
                        consultation with the Administrator, as 
                        appropriate.
                    ``(B) Limitation.--The authority under subparagraph 
                (A) shall only be available for maintenance and repair 
                projects involving existing infrastructure, property, 
                and capital at any port of entry described in 
                subparagraph (A).
                    ``(C) Annual adjustments.--The Commissioner shall 
                annually adjust the amount described in subparagraph 
                (A) by the percentage (if any) by which the Consumer 
                Price Index for All Urban Consumers for the month of 
                June preceding the date on which such adjustment takes 
                effect exceeds the Consumer Price Index for All Urban 
                Consumers for the same month of the preceding calendar 
                year.
                    ``(D) Rule of construction.--Nothing in this 
                paragraph may be construed to affect the availability 
                of funding from--
                            ``(i) the Federal Buildings Fund 
                        established under section 592 of title 40, 
                        United States Code;
                            ``(ii) the Donation Acceptance Program 
                        established under section 482; or
                            ``(iii) any other statutory authority or 
                        appropriation for projects described in 
                        subparagraph (A).''.
    (b) Reporting.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, and annually thereafter, the 
        Commissioner of U.S. Customs and Border Protection shall submit 
        a report to the Committee on Homeland Security and Governmental 
        Affairs of the Senate, the Committee on Appropriations of the 
        Senate, the Committee on Homeland Security of the House of 
        Representatives, and the Committee on Appropriations of the 
        House of Representatives that includes the elements described 
        in paragraph (2).
            (2) Elements.--The report required under paragraph (1) 
        shall include--
                    (A) a summary of all maintenance projects conducted 
                pursuant to section 411(o)(3) of the Homeland Security 
                Act of 2002, as added by subsection (a) during the 
                prior fiscal year;
                    (B) the cost of each project referred to in 
                subparagraph (A);
                    (C) the account that funded each such project, if 
                applicable; and
                    (D) any budgetary transfers, if applicable, that 
                funded each such project.
    (c) Technical Amendment.--Section 422(a) of the Homeland Security 
Act of 2002 (6 U.S.C. 232(a)) is amended by inserting ``section 
411(o)(3) of this Act and'' after ``Administrator under''.
                                                       Calendar No. 526

117th CONGRESS

  2d Session

                                S. 3903

                          [Report No. 117-176]

_______________________________________________________________________

                                 A BILL

 To require the Commissioner of U.S. Customs and Border Protection to 
 establish procedures for conducting maintenance projects at ports of 
    entry at which the Office of Field Operations conducts certain 
                enforcement and facilitation activities.

_______________________________________________________________________

                            October 18, 2022

  Reported under authority of the order of the Senate of October 14, 
                        2022, with an amendment