This bill directs U.S. Customs Border and Protection (CBP) to establish procedures for performing repairs and maintenance projects below a certain cost threshold at federally owned ports of entry where certain activities are conducted, such as entry inspections and activities to prevent the entry of illicit drugs, agricultural pests, and contraband. CBP may perform such repair and maintenance projects in accordance with the procedures established under this 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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''.

            Passed the Senate December 6, 2022.

            Attest:

                                                             Secretary.
117th CONGRESS

  2d Session

                                S. 3903

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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.
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.
Official Titles - Senate
Official Title as Introduced
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.
Sen. Lankford, James