117TH CONGRESS 

2D SESSION S. 3903 

AN ACT 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

†S 3903 ES

1 SECTION 1. PORT MAINTENANCE. 

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

3 Security 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 sub11 paragraphs (B) and (C), the Commis12 sioner, in consultation with the Adminis13 trator of the General Services Administra14 tion— 

15 ‘‘(I) shall establish procedures by 

16 which U.S. Customs and Border Pro17 tection may conduct maintenance and 

18 repair projects costing not more than 

19 $300,000 at any Federal Government20 owned port of entry where the Office 

21 of Field Operations performs any of 

22 the activities described in subpara23 graphs (A) through (G) of subsection 

24 (g)(3); and 

25 ‘‘(II) is authorized to perform 

26 such maintenance and repair projects, 
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†S 3903 ES

1 subject to the procedures described in 

2 clause (ii). 

3 ‘‘(ii) PROCEDURES DESCRIBED.—The 

4 procedures established pursuant to clause 

5 (i) shall include— 

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

7 projects that may be carried out pur8 suant 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 exist-
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†S 3903 ES

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 

8 preceding the date on which such adjustment 

9 takes effect exceeds the Consumer Price Index 

10 for All Urban Consumers for the same month 

11 of the preceding calendar year. 

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

13 in this paragraph may be construed to affect 

14 the availability of funding from— 

15 ‘‘(i) the Federal Buildings Fund es16 tablished under section 592 of title 40, 

17 United 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 Appropria5 tions of the Senate, the Committee on Homeland Se6 curity of the House of Representatives, and the 

7 Committee on Appropriations of the House of Rep8 resentatives that includes the elements described in 

9 paragraph (2). 

10 (2) ELEMENTS.—The report required under 

11 paragraph (1) shall include— 

12 (A) a summary of all maintenance projects 

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

14 Homeland Security Act of 2002, as added by 

15 subsection (a) during the prior fiscal year; 

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

17 subparagraph (A); 

18 (C) the account that funded each such 

19 project, if applicable; and 

20 (D) any budgetary transfers, if applicable, 

21 that funded each such project. 

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

23 Homeland Security Act of 2002 (6 U.S.C. 232(a)) is 
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1 amended by inserting ‘‘section 411(o)(3) of this Act and’’ 

2 after ‘‘Administrator under’’. 

Passed the Senate December 6, 2022. 

Attest: 

Secretary. 

117TH CONGRESS 

2D SESSION S. 3903 

AN ACT 

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