[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]