S. 3903 — Reported in Senate

II Calendar No. 526 117th CONGRESS 2d Session S. 3903 [Report No. 117–176] IN THE SENATE OF THE UNITED STATES March 22, 2022Mr. 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, 2022Reported under authority of the order of the Senate of October 14, 2022, by Mr. Peters, with an amendmentStrike 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. 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 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). (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. 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. October 18, 2022Reported under authority of the order of the Senate of October 14, 2022, with an amendment