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Homeland Security Act of 2002

H.R. 8640 · 117th Congress · Aug 2, 2022 · Lineage

A BILL

To require the Commissioner of U.S. Customs and Border Protection to establish procedures for conducting maintenance and repair projects at ports of entry at which the Office of Field Operations conducts certain enforcement activities, and for other purposes.

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 General Services shall establish, and may update as appropriate, procedures described in clause (ii) pursuant to which U.S. Customs and Border Protection is authorized to conduct maintenance and repair projects costing not more than $300,000 at any Federal Government-owned port of entry at which the Office of Field Operations performs any of the activities described in subparagraphs (A) through (G) of subsection (g)(3).

“(ii) Procedures described—The procedures described in this clause include—

“(I) a description of the types of maintenance and repair 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 at which such projects are carried out.

“(iii) Publication of procedures—The procedures established or updated, as the case may be, pursuant to clause (i) shall be published in the Federal Register.

“(B) Limitation—The authority under subparagraph (A) shall only be available for maintenance or repair projects involving existing infrastructure, property, and capital at any port of entry described in such subparagraph.

“(C) Annual adjustments—The Commissioner shall annually adjust the dollar amount specified 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 port of entry donation authority under section 482; or

“(iii) any other statutory authority or appropriation for maintenance or repair projects described in subparagraph (A).”

(b)
Reporting— Not later than one year after the date of the enactment of this Act and annually thereafter, the Commissioner of U.S. Customs and Border Protection shall submit 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 a report that includes the following:
(1)
A summary of all maintenance and repair projects conducted pursuant to paragraph (3) of section 411(o) of the Homeland Security Act of 2002, as inserted by subsection (a), during the prior fiscal year.
(2)
The cost of each such project.
(3)
The account that funded each such project, if applicable.
(4)
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 “such section” after “Administrator under”.