What This Bill Does
This bill requires the Commissioner of U.S. Customs and Border Protection to establish procedures for conducting maintenance and repair projects at federal government-owned ports of entry. The bill allows these projects to cost up to $300,000 and must be done in consultation with the Administrator of the General Services Administration.
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Who It Affects
* U.S. Customs and Border Protection
* General Services Administration
* Ports of entry where the Office of Field Operations conducts enforcement and facilitation activities
* Other tenants at facilities where maintenance projects will occur
* Congress (receives annual reports)
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Key Provisions
* The Commissioner must establish procedures allowing U.S. Customs and Border Protection to conduct maintenance and repair projects costing not more than $300,000 at federal government-owned ports of entry, in consultation with the General Services Administration Administrator (Sec. 1(a)(3)(A)(i)).
* The established procedures must describe the types of projects allowed and include procedures for identifying and addressing impacts on other tenants at facilities where projects occur (Sec. 1(a)(3)(A)(ii)).
* All procedures must be published in the Federal Register, though the Commissioner may update them as appropriate (Sec. 1(a)(3)(A)(iii) and (iv)).
* Authority for these projects only applies to maintenance and repair involving existing infrastructure, property and capital (Sec. 1(a)(3)(B)).
* The Commissioner must annually adjust the $300,000 amount based on the Consumer Price Index for All Urban Consumers (Sec. 1(a)(3)(C)).
* The Commissioner must submit annual reports to four congressional committees detailing all maintenance projects conducted, their costs, funding accounts and any budgetary transfers used (Sec. 1(b)).
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What Changes
If this becomes law, the Commissioner of U.S. Customs and Border Protection will gain authority to conduct maintenance and repair projects up to $300,000 at federal ports of entry without needing separate approval each time. The public will have access to published procedures explaining what types of projects qualify. Congress will receive annual reports documenting all projects conducted under this authority.
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Important Definitions
None defined in the bill text.
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II
Calendar No. 63
118TH CONGRESS
1ST SESSION
S. 243
[Report No. 118–23]
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 enforce-
ment and facilitation activities.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 2, 2023
Mr. LANKFORD (for himself, Ms. SINEMA, Mr. CORNYN, Ms. HASSAN, and
Mr. PETERS) introduced the following bill; which was read twice and re-
ferred to the Committee on Homeland Security and Governmental Affairs
MAY 11, 2023
Reported by Mr. PETERS, without amendment
A BILL
To require the Commissioner of U.S. Customs and Border
Protection to establish procedures for conducting mainte-
nance 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 Representa-
1
tives of the United States of America in Congress assembled,
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•S 243 RS
SECTION 1. PORT MAINTENANCE.
1
(a) IN GENERAL.—Section 411(o) of the Homeland
2
Security Act of 2002 (6 U.S.C. 211(o)) is amended—
3
(1) by redesignating paragraph (3) as para-
4
graph (4); and
5
(2) by inserting after paragraph (2) the fol-
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lowing:
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‘‘(3) PORT MAINTENANCE.—
8
‘‘(A) PROCEDURES.—
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‘‘(i) IN
GENERAL.—Subject to sub-
10
paragraphs (B) and (C), the Commis-
11
sioner, in consultation with the Adminis-
12
trator of the General Services Administra-
13
tion—
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‘‘(I) shall establish procedures by
15
which U.S. Customs and Border Pro-
16
tection may conduct maintenance and
17
repair projects costing not more than
18
$300,000 at any Federal Government-
19
owned port of entry where the Office
20
of Field Operations performs any of
21
the activities described in subpara-
22
graphs (A) through (G) of subsection
23
(g)(3); and
24
‘‘(II) is authorized to perform
25
such maintenance and repair projects,
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•S 243 RS
subject to the procedures described in
1
clause (ii).
2
‘‘(ii) PROCEDURES DESCRIBED.—The
3
procedures established pursuant to clause
4
(i) shall include—
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‘‘(I) a description of the types of
6
projects that may be carried out pur-
7
suant to clause (i); and
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‘‘(II) the procedures for identi-
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fying and addressing any impacts on
10
other tenants of facilities where such
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projects will be carried out.
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‘‘(iii)
PUBLICATION
OF
PROCE-
13
DURES.—All of the procedures established
14
pursuant to clause (i) shall be published in
15
the Federal Register.
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‘‘(iv) RULE OF CONSTRUCTION.—The
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publication of procedures under clause (iii)
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shall not impact the authority of the Com-
19
missioner to update such procedures, in
20
consultation with the Administrator, as ap-
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propriate.
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‘‘(B) LIMITATION.—The authority under
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subparagraph (A) shall only be available for
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maintenance and repair projects involving exist-
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•S 243 RS
ing infrastructure, property, and capital at any
1
port of entry described in subparagraph (A).
2
‘‘(C) ANNUAL ADJUSTMENTS.—The Com-
3
missioner shall annually adjust the amount de-
4
scribed in subparagraph (A) by the percentage
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(if any) by which the Consumer Price Index for
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All Urban Consumers for the month of June
7
preceding the date on which such adjustment
8
takes effect exceeds the Consumer Price Index
9
for All Urban Consumers for the same month
10
of the preceding calendar year.
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‘‘(D) RULE OF CONSTRUCTION.—Nothing
12
in this paragraph may be construed to affect
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the availability of funding from—
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‘‘(i) the Federal Buildings Fund es-
15
tablished under section 592 of title 40,
16
United States Code;
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‘‘(ii) the Donation Acceptance Pro-
18
gram established under section 482; or
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‘‘(iii) any other statutory authority or
20
appropriation for projects described in sub-
21
paragraph (A).’’.
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(b) REPORTING.—
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(1) IN GENERAL.—Not later than 1 year after
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the date of the enactment of this Act, and annually
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•S 243 RS
thereafter, the Commissioner of U.S. Customs and
1
Border Protection shall submit a report to the Com-
2
mittee on Homeland Security and Governmental Af-
3
fairs of the Senate, the Committee on Appropria-
4
tions of the Senate, the Committee on Homeland Se-
5
curity of the House of Representatives, and the
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Committee on Appropriations of the House of Rep-
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resentatives that includes the elements described in
8
paragraph (2).
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(2) ELEMENTS.—The report required under
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paragraph (1) shall include—
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(A) a summary of all maintenance projects
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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’’
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after ‘‘Administrator under’’.
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Calendar No. 63
118TH CONGRESS
1ST SESSION
S. 243
[Report No. 118–23]
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 ac-
tivities.
MAY 11, 2023
Reported without amendment
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