II 

Calendar No. 526 

117TH CONGRESS 

2D SESSION S. 3903 

[Report No. 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. 

IN THE SENATE OF THE UNITED STATES 

MARCH 22, 2022 

Mr. 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, 2022 

Reported under authority of the order of the Senate of October 14, 2022, by 

Mr. PETERS, with an amendment 

[Strike 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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. PORT MAINTENANCE. 

4 (a) IN GENERAL.—Section 411(o) of the Homeland 

5 Security Act of 2002 (6 U.S.C. 211(o)) is amended— 

6 (1) by redesignating paragraph (3) as para7 graph (4); and 

8 (2) by inserting after paragraph (2) the fol9 lowing: 

10 ‘‘(3) PORT MAINTENANCE.— 

11 ‘‘(A) PROCEDURES.—Subject to subpara12 graphs (B) and (C), the Commissioner shall es13 tablish procedures by which U.S. Customs and 

14 Border Protection may conduct maintenance 

15 and repair projects costing not more than 

16 $300,000 at any port of entry where the Office 

17 of Field Operations performs any of the activi18 ties described in subparagraphs (A) through 

19 (G) of subsection (g)(3). 

20 ‘‘(B) LIMITATION.—The authority under 

21 subparagraph (A) shall only be available for 

22 maintenance and repair projects involving exist23 ing infrastructure, property, and capital at any 

24 port of entry described in subparagraph (A). 


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1 ‘‘(C) ANNUAL ADJUSTMENTS.—The Com2 missioner shall annually adjust the amount de3 scribed in subparagraph (A) by the percentage 

4 (if any) by which the Consumer Price Index for 

5 All Urban Consumers for the month of June 

6 preceding the date on which such adjustment 

7 takes effect exceeds the Consumer Price Index 

8 for All Urban Consumers for the same month 

9 of the preceding calendar year. 

10 ‘‘(D) RULE OF CONSTRUCTION.—Nothing 

11 in this paragraph may be construed to affect 

12 the availability of funding from— 

13 ‘‘(i) the Federal Buildings Fund es14 tablished under section 592 of title 40, 

15 United States Code; 

16 ‘‘(ii) the Donation Acceptance Pro17 gram established under section 482; or 

18 ‘‘(iii) any other statutory authority or 

19 appropriation for projects described in sub20 paragraph (A).’’. 

21 (b) REPORTING.— 

22 (1) IN GENERAL.—Not later than 1 year after 

23 the date of the enactment of this Act, and annually 

24 thereafter, the Commissioner of U.S. Customs and 

25 Border Protection shall submit a report to the ComVerDate Sep 11 2014 21:12 Oct 18, 2022 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S3903.RS S3903

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1 mittee on Homeland Security and Governmental Af2 fairs of the Senate, the Committee on Appropria3 tions of the Senate, the Committee on Homeland Se4 curity of the House of Representatives, and the 

5 Committee on Appropriations of the House of Rep6 resentatives that includes the elements described in 

7 paragraph (2). 

8 (2) ELEMENTS.—The report required under 

9 paragraph (1) shall include— 

10 (A) a summary of all maintenance projects 

11 conducted pursuant to section 411(o)(3) of the 

12 Homeland Security Act of 2002, as added by 

13 subsection (a) during the prior fiscal year; 

14 (B) the cost of each project referred to in 

15 subparagraph (A); 

16 (C) the account that funded each such 

17 project, if applicable; and 

18 (D) any budgetary transfers, if applicable, 

19 that funded each such project. 

20 (c) TECHNICAL AMENDMENT.—Section 422(a) of the 

21 Homeland Security Act of 2002 (6 U.S.C. 232(a)) is 

22 amended by inserting ‘‘section 411(o)(3) of this Act and’’ 

23 after ‘‘Administrator under’’. 


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1 SECTION 1. PORT MAINTENANCE. 

2 (a) IN GENERAL.—Section 411(o) of the Homeland Se3 curity Act of 2002 (6 U.S.C. 211(o)) is amended— 

4 (1) by redesignating paragraph (3) as para5 graph (4); and 

6 (2) by inserting after paragraph (2) the fol7 lowing: 

8 ‘‘(3) PORT MAINTENANCE.— 

9 ‘‘(A) PROCEDURES.— 

10 ‘‘(i) IN GENERAL.—Subject to subpara11 graphs (B) and (C), the Commissioner, in 

12 consultation with the Administrator of the 

13 General Services Administration— 

14 ‘‘(I) shall establish procedures by 

15 which U.S. Customs and Border Pro16 tection may conduct maintenance and 

17 repair projects costing not more than 

18 $300,000 at any Federal Government19 owned port of entry where the Office of 

20 Field Operations performs any of the 

21 activities described in subparagraphs 

22 (A) through (G) of subsection (g)(3); 

23 and 

24 ‘‘(II) is authorized to perform 

25 such maintenance and repair projects, 


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1 subject to the procedures described in 

2 clause (ii). 

3 ‘‘(ii) PROCEDURES DESCRIBED.—The 

4 procedures established pursuant to clause (i) 

5 shall include— 

6 ‘‘(I) a description of the types of 

7 projects that may be carried out pursu8 ant to clause (i); and 

9 ‘‘(II) the procedures for identi10 fying and addressing any impacts on 

11 other tenants of facilities where such 

12 projects will be carried out. 

13 ‘‘(iii) PUBLICATION OF PROCE14 DURES.—All of the procedures established 

15 pursuant to clause (i) shall be published in 

16 the Federal Register. 

17 ‘‘(iv) RULE OF CONSTRUCTION.—The 

18 publication of procedures under clause (iii) 

19 shall not impact the authority of the Com20 missioner to update such procedures, in 

21 consultation with the Administrator, as ap22 propriate. 

23 ‘‘(B) LIMITATION.—The authority under 

24 subparagraph (A) shall only be available for 

25 maintenance and repair projects involving existVerDate Sep 11 2014 21:12 Oct 18, 2022 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\S3903.RS S3903

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1 ing infrastructure, property, and capital at any 

2 port of entry described in subparagraph (A). 

3 ‘‘(C) ANNUAL ADJUSTMENTS.—The Com4 missioner shall annually adjust the amount de5 scribed in subparagraph (A) by the percentage 

6 (if any) by which the Consumer Price Index for 

7 All Urban Consumers for the month of June pre8 ceding the date on which such adjustment takes 

9 effect exceeds the Consumer Price Index for All 

10 Urban Consumers for the same month of the pre11 ceding calendar year. 

12 ‘‘(D) RULE OF CONSTRUCTION.—Nothing in 

13 this paragraph may be construed to affect the 

14 availability of funding from— 

15 ‘‘(i) the Federal Buildings Fund estab16 lished under section 592 of title 40, United 

17 States Code; 

18 ‘‘(ii) the Donation Acceptance Pro19 gram established under section 482; or 

20 ‘‘(iii) any other statutory authority or 

21 appropriation for projects described in sub22 paragraph (A).’’. 

23 (b) REPORTING.— 

24 (1) IN GENERAL.—Not later than 1 year after 

25 the date of the enactment of this Act, and annually 


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1 thereafter, the Commissioner of U.S. Customs and 

2 Border Protection shall submit a report to the Com3 mittee on Homeland Security and Governmental Af4 fairs of the Senate, the Committee on Appropriations 

5 of the Senate, the Committee on Homeland Security 

6 of the House of Representatives, and the Committee 

7 on Appropriations of the House of Representatives 

8 that includes the elements described in paragraph (2). 

9 (2) ELEMENTS.—The report required under 

10 paragraph (1) shall include— 

11 (A) a summary of all maintenance projects 

12 conducted pursuant to section 411(o)(3) of the 

13 Homeland Security Act of 2002, as added by 

14 subsection (a) during the prior fiscal year; 

15 (B) the cost of each project referred to in 

16 subparagraph (A); 

17 (C) the account that funded each such 

18 project, if applicable; and 

19 (D) any budgetary transfers, if applicable, 

20 that funded each such project. 

21 (c) TECHNICAL AMENDMENT.—Section 422(a) of the 

22 Homeland Security Act of 2002 (6 U.S.C. 232(a)) is 

23 amended by inserting ‘‘section 411(o)(3) of this Act and’’ 

24 after ‘‘Administrator under’’. 


pamtmann on DSKBC07HB2PROD with BILLS

pamtmann on DSKBC07HB2PROD with BILLS
Calendar No. 526 

117TH CONGRESS 

2D SESSION S. 3903 

[Report No. 117–176] 

A BILL 

To require the Commissioner of U.S. Customs and 

tivities. conducts certain enforcement and facilitation acentry at which the Office of Field Operations conducting maintenance projects at ports of Border Protection to establish procedures for 

OCTOBER 18, 2022 

Reported under authority of the order of the Senate of 

October 14, 2022, with an amendment 


pamtmann on DSKBC07HB2PROD with BILLS