[Congressional Record Volume 168, Number 189 (Tuesday, December 6, 2022)]
[Senate]
[Pages S7007-S7008]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  REQUIRING THE COMMISSIONER OF U.S. CUSTOMS AND BORDER PROTECTION TO 
 ESTABLISH PROCEDURES FOR CONDUCTING MAINTENANCE PROJECTS AT PORTS OF 
                                 ENTRY

  Ms. HASSAN. Madam President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 526, S. 3903.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 3903) 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.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Homeland Security and 
Governmental Affairs with an amendment to strike all after the enacting 
clause and insert the part printed in italic as follows:

     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''.

  Ms. HASSAN. I ask unanimous consent that the committee-reported 
substitute amendment be agreed to; the bill, as amended, be considered 
read a third time and passed; and that the motion to reconsider be 
considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.

[[Page S7008]]

  The committee-reported amendment, in the nature of a substitute, was 
agreed to.
  The bill (S. 3903), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

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