[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Page S2581]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 406. Mr. LANKFORD submitted an amendment intended to be proposed 
by him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place in title X, insert the following:

     SEC. 10__. 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''.
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