HR8150-118

2. Port maintenance Section 411(o) of the Homeland Security Act of 2002 (6 U.S.C. 211(o)) is amended— by redesignating paragraph (3) as paragraph (4); and by inserting after paragraph (2) the following new paragraph: Notwithstanding section 3305 of title 40, United States Code, subject to subparagraph (B), the Commissioner, in consultation with the Administrator of General Services— shall establish guidance and procedures by which U.S. Customs and Border Protection may conduct maintenance and repair projects costing not more than $300,000 in the physical space 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); and is authorized to perform such maintenance and repair projects, subject to the procedures described in clause (ii). The guidance and procedures established pursuant to clause (i) shall include— a description of the types of projects that may be carried out pursuant to clause (i); and the procedures for identifying and addressing any impacts on other tenants of facilities where such projects will be carried out. The guidance and procedures established pursuant to clause (i) shall be published in the Federal Register. The publication of guidance and procedures under clause (iii) shall not impact the authority of the Commissioner to update such procedures, in consultation with the Administrator, as appropriate. 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 such subparagraph. Nothing in this paragraph may be construed to affect the availability of funding from— the Federal Buildings Fund established under section 592 of title 40, United States Code; the Donation Acceptance Program established under section 482; or any other statutory authority or appropriation for projects described in subparagraph (A). 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 elements described in paragraph (2). The elements described in this paragraph are the following: 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. Information relating to the cost of each project referred to in subparagraph (A) of such section. An identification of the account that funded each such project, if applicable. any budgetary transfers, if applicable, that funded each such project. 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. (3)Port maintenance(A)Procedures(i)In generalNotwithstanding section 3305 of title 40, United States Code, subject to subparagraph (B), the Commissioner, in consultation with the Administrator of General Services—(I)shall establish guidance and procedures by which U.S. Customs and Border Protection may conduct maintenance and repair projects costing not more than $300,000 in the physical space 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); and(II)is authorized to perform such maintenance and repair projects, subject to the procedures described in clause (ii). (ii)Guidance and procedures describedThe guidance and 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 guidance and proceduresThe guidance and procedures established pursuant to clause (i) shall be published in the Federal Register.(iv)Rule of constructionThe publication of guidance and procedures under clause (iii) shall not impact the authority of the Commissioner to update such procedures, in consultation with the Administrator, as appropriate.(B)LimitationThe 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 such subparagraph.(C)Rule of constructionNothing 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)..