[Senate Report 117-176]
[From the U.S. Government Publishing Office]
Calendar No. 526
117th Congress } { Report
SENATE
2nd Session } { 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
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 3903
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
October 18, 2022.--Ordered to be printed
Filed, under the authority of the order of the Senate of October 14, 2022
__________
U.S. GOVERNMENT PUBLISHING OFFICE
39-010 WASHINGTON : 2022
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware ROB PORTMAN, Ohio
MAGGIE HASSAN, New Hampshire RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona RAND PAUL, Kentucky
JACKY ROSEN, Nevada JAMES LANKFORD, Oklahoma
ALEX PADILLA, California MITT ROMNEY, Utah
JON OSSOFF, Georgia RICK SCOTT, Florida
JOSH HAWLEY, Missouri
David M. Weinberg, Staff Director
Zachary I. Schram, Chief Counsel
Christopher J. Mulkins, Director of Homeland Security
Katie A. Conley, Professional Staff Member
Pamela Thiessen, Minority Staff Director
Sam J. Mulopulos, Minority Deputy Staff Director
Clyde E. Hicks Jr., Minority Director of Homeland Security
Jeremy H. Hayes, Minority Senior Professional Staff Member
Laura W. Kilbride, Chief Clerk
Calendar No. 526
117th Congress } { Report
SENATE
2nd Session } { 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
_______
October 18, 2022.--Ordered to be printed
Filed, under authority of the order of the Senate of October 14, 2022
_______
Mr. Peters, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 3903]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the 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, having
considered the same, reports favorably thereon with an
amendment, in the nature of a substitute, and recommends that
the bill, as amended, do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and Need for the Legislation..........................2
III. Legislative History..............................................3
IV. Section-by-Section Analysis of the Bill, as Reported.............4
V. Evaluation of Regulatory Impact..................................4
VI. Congressional Budget Office Cost Estimate........................4
VII. Changes in Existing Law Made by the Bill, as Reported............5
I. Purpose and Summary
S. 3903, a bill to require the Commissioner of U.S. Customs
and Border Protection (CBP) to establish procedures for
maintenance projects at ports of entry at which the Office of
Field Operations conducts certain enforcement and facilitation
activities. This bill codifies and enhances CBP's ability to
complete maintenance and repair projects at certain ports of
entry.
This bill grants the Commissioner of CBP authority to
undertake maintenance and repair projects costing up to
$300,000 at federally-owned ports of entry where an Office of
Field Operations operates. The bill requires the Commissioner
of CBP, in consultation with the Administrator of the General
Services Administration (GSA), to establish procedures for
undertaking such projects. The bill also directs the
Commissioner to annually adjust the $300,000 threshold by the
percentage change of a relevant consumer price index to account
for increases in project costs. It also requires a report to
Congress that includes a summary of projects, costs of
projects, identification of the account that funding the
projects, and budgetary transfers utilized, if applicable.
II. Background and the Need for Legislation
GSA is the primary property holder for the U.S. government
and as such has control of over more than 1,600 buildings,
including 102 land ports of entry. GSA was established by the
Federal Property and Administrative Services Act of 1949 and is
authorized to acquire, operate, and dispose of real property
for other federal agencies that do not hold their own
authority.\1\ CBP facilitates trade and travel at ports of
entry and depends on the condition of these facilities to carry
out their mission. As the facility owner, GSA has primary
responsibility for the maintenance of ports of entry.
---------------------------------------------------------------------------
\1\Congressional Research Services, Repairs and Alterations Backlog
at the General Services Administration (June 12, 2020) (https://
www.crs.gov/Reports/
R46410?source=search&guid=b5e0bcf1d78c4cebbd8c8151b24a97fd&index=0).
---------------------------------------------------------------------------
However, the GSA Administrator may delegate or assign
authorities and functions to other federal agencies and has
utilized this authority to grant the Secretary of Homeland
Security the ability to perform maintenance at ports of
entry.\2\ These projects are subject to specific terms and
conditions outlined within the Delegation of Authority and
Interagency Agreement, including guidelines and request
procedures.\3\ Specifically, DHS is able to perform limited
operation, maintenance, and alteration of space occupied by CBP
Field Operations at federally-owned facilities under GSA's
custody.\4\ The existing delegation limits individual projects
to only $100,000.\5\ Eligible projects could include cleaning
or replacing existing carpeting, flooring, window treatments,
blinds, or wall coverings and millwork; repainting interior
walls, doors and associated trim; repairing doors and locks,
replacing ceiling tiles; or making minor space alterations at
facilities.\6\
---------------------------------------------------------------------------
\2\Title 40 U.S.C. Sec. Sec. 121(d) and (e), 3315(a) and (b).
\3\Delegation of Authority and Interagency Agreement by and Between
the U.S. General Services Administration and Department of Homeland
Security for Multiple Facilities Occupied by U.S. Customs and Border
Protection (Aug. 26, 2020).
\4\Id.
\5\Government Accountability Office, Border Infrastructure: Actions
Needed to Improve Information on Facilities and Capital Planning at
Land Border Crossings (GAO-19-534) (July 2019) (https://www.gao.gov/
assets/gao-19-534.pdf).
\6\Id.
---------------------------------------------------------------------------
CBP and GSA work closely to design, construct, and maintain
these facilities. According to CBP, several of the nation's
land border crossings were built more than 70 years ago and
even land border crossings constructed as recently as 15 to 20
years ago may require significant investments to meet present
day security standards and operational requirements to
facilitate increasing trade and travel.\7\ Given the
significant amount of property within its control, GSA has a
growing backlog of repairs needed at its federally-owned
buildings, affecting its ability to complete projects for
federal partners like CBP.\8\ Ms. Diane J. Sabatino, Deputy
Executive Assistant Commissioner at CBP's Office of Field
Operations stated in November of 2021: ``More than two-thirds
of our [Land Border Ports of Entry] have not seen any capital
improvements over the past decade.''\9\
---------------------------------------------------------------------------
\7\Id.
\8\Government Accountability Office, Federal Real Property: GSA
Should Fully Assess Its Prospectus Process and Communicate Results to
Its Authorizing Committees, (Jan. 2022) (https://www.gao.gov/assets/
gao-22-104639.pdf).
\9\Senate Committee on Homeland Security and Governmental Affairs,
Subcommittee on Government Operations and Border Management, Testimony
Submitted for the Record of Secretary Diane Sabatino, U.S. Customs and
Border Protection, Hearing on Federal Government Perspective: Improving
Security, Trade, Travel Flows at the Southwest Border Ports of Entry,
117th Cong. (Nov. 11, 2021) (S. Hrg. 117-281).
---------------------------------------------------------------------------
This bill is aimed at improving CBP's ability to address
cyclical maintenance and repair projects at GSA-owned ports of
entry to ensure CBP's ability to securely and efficiently
facilitate the flow of trade and travel through safe and
operational ports of entry. This bill authorizes CBP to
complete maintenance and repair projects up to $300,000. It
also allows for an increase of the $300,000 threshold annually
after enactment by the percentage change of the Consumer Price
Index for All Urban Consumers. This authority will allow CBP to
more quickly address in scope projects to support operations at
ports of entry.
III. Legislative History
Senator James Lankford (R-OK) introduced S. 3903, 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, on March 22,
2022. The bill was referred to the Committee on Homeland
Security and Governmental Affairs. Senator Kyrsten Sinema (D-
AZ) joined as cosponsor on March 28, 2022, and Senators John
Cornyn (R-TX) and Margaret Hassan (D-NH) joined as cosponsors
on March 29, 2022. Chairman Gary Peters (D-MI) joined as
cosponsor on April 7, 2022.
The Committee considered S. 3909 at a business meeting on
March 30, 2022. During the business meeting, a substitute
amendment, as modified, was offered by Senators Lankford and
Sinema and adopted by voice vote en bloc. This amendment
requires CBP to consult with GSA in the development of
procedures for carrying out the projects. It also explicitly
grants CBP authority to conduct the maintenance and repair
projects, supplementing language directing the Commissioner to
develop procedures. The amendment also more clearly describes
the procedures the bill requires the CBP Commissioner to
develop, including a description of the types of projects that
may be carried out and procedures for identifying and
addressing impacts on other tenants of facilities where
projects will be carried out. Lastly, the amendment requires
publication of the procedures in the Federal Register. Senators
present for the vote were: Peters, Carper, Hassan, Sinema,
Rosen, Padilla, Ossoff, Paul, Lankford, Romney, Scott, and
Hawley.
The bill, as amended, was ordered reported favorably by
voice vote en bloc, with Senators Peters, Carper, Hassan,
Sinema, Rosen, Padilla, Ossoff, Paul, Lankford, Romney, Scott,
and Hawley present.
IV. Section-by-Section Analysis of the Bill, as Reported
Section 1. Port maintenance
Subsection (a) amends 6 U.S.C. Sec. 211(o) by authorizing
the Commissioner of CBP, in consultation with the Administrator
of GSA to conduct maintenance and repair projects up to
$300,000 at any federal government-owned port of entry where
the Office of Field Operations performs its duties. It requires
the Commissioner of CBP to establish procedures for undertaking
such projects that include a description of the types of
projects, procedures for identifying and addressing issues that
may impact other tenants at facilities where projects will be
carried out, and requires the publication of these procedures
in the Federal Register. This subsection also directs the
Commissioner to annually increase the $300,000 threshold by the
percentage change of the Consumer Price Index for All Urban
Consumers, if there is one, to account for increases in costs.
Subsection (b) requires CBP to report to Congressional
committees on projects funded under the authority provided in
subsection (a), including a summary of projects, costs of
projects, account that funded the projects, and budgetary
transfers. This subsection also requires publication of the
procedures in the Federal Register.
Subsection (c) makes a technical amendment to section
422(a) of the Homeland Security Act of 2002 (6 U.S.C. Sec.
232(a)).
V. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill and determined
that the bill will have no regulatory impact within the meaning
of the rules. The Committee agrees with the Congressional
Budget Office's statement that the bill contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
VI. Congressional Budget Office Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 7, 2022.
Hon. Gary Peters,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 3903, 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.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Madeleine
Fox.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
S. 3903 would direct Customs and Border Protection (CBP) to
consult with the General Services Administration (GSA) to
establish procedures that would allow CBP to carry out
maintenance and repair projects costing less than $300,000 at
federally owned ports of entry without direct involvement of
the GSA; the cost threshold would be adjusted annually for
inflation. The bill also would require CBP to publish those
procedures in the Federal Register and to report annually on
completed maintenance projects and their costs.
Using information from CBP about the cost of establishing
the new procedures and publishing similar reports, CBO
estimates that implementing the requirements in the bill would
cost $1 million over the 2022-2027 period; any spending would
be subject to the availability of appropriated funds.
The CBO staff contact for this estimate is Madeleine Fox.
The estimate was reviewed by Leo Lex, Deputy Director of Budget
Analysis.
VII. Changes in Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows: (existing law
proposed to be omitted is enclosed in brackets, new matter is
printed in italic, and existing law in which no change is
proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
* * * * * * *
TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY
* * * * * * *
Subtitle B--U.S. Customs and Border Protection
* * * * * * *
SEC. 411. ESTABLISHMENT OF U.S. CUSTOMS AND BORDER PROTECTION;
COMMISSIONER, DEPUTY COMMISSIONER, AND OPERATIONAL
OFFICES.
(a) * * *
* * * * * * *
(o) Other Authorities
(1) * * *
(2) * * *
(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).
[(3)](4) Rescue beacons.--Beginning in fiscal year
2019, in carrying out subsection (c)(8), the
Commissioner shall purchase, deploy, and maintain not
more than 250 self-powering, 9-1-1 cellular relay
rescue beacons along the southern border of the United
States at locations determined appropriate by the
Commissioner to mitigate migrant deaths.
* * * * * * *
SEC. 422. FUNCTIONS OF ADMINISTRATOR OF GENERAL SERVICES.
(a) Operations, Maintenance, and Protection of Federal
Buildings and Grounds.--Nothing in this Act may be construed to
affect the functions or authorities of the Administrator of
General Services with respect to the operation, maintenance,
and protection of buildings and grounds owned or occupied by
the Federal Government and under the jurisdiction, custody, or
control of the Administrator. Except for the law enforcement
and related security functions transferred under section
403(3), the Administrator shall retain all powers, functions,
and authorities vested in the Administrator under section
411(o)(3) of this Act and chapter 10 of title 40, United States
Code, and other provisions of law that are necessary for the
operation, maintenance, and protection of such buildings and
grounds.
[all]