S.Amdt. 1382
What it does: Replaces “(d)” with new text
Sen. Mary L. Landrieu (D-LA)What it changes
1 change to S. 744
The Congressional Record cuts off the end of this amendment, so some changes may be missing.
Replaces “(d)” with new text
Struck: (d)
Inserted: (d) Donations for Land Ports of Entry Facilities.--
Inserted: (1) Donations permitted.--Notwithstanding any other provision of law, including chapter 33 of title 40, United States Code, the Secretary, for purposes of constructing, altering, operating, or maintaining a new or existing land port of entry facility, may accept donations of real and personal property (including monetary donations) and nonpersonal services from private parties and State and local government entities.
Inserted: (2) Allowable uses of donations.--The Secretary, with respect to any donation provided pursuant to paragraph (1), may--
Inserted: (A) use such property or services for necessary activities related to the construction, alteration, operation, or maintenance of a new or existing land port of entry facility under the custody and control of the Secretary, including expenses related to--
Inserted: (i) land acquisition, design, construction, repair and alteration;
Inserted: (ii) furniture, fixtures, and equipment;
Inserted: (iii) the deployment of technology and equipment; and
Inserted: (iv) operations and maintenance; or
Inserted: (B) transfer such property or services to the Administrator of General Services for necessary activities described in paragraph (1) related to a new or existing land port of entry facility under the custody and control of the Administrator.
Inserted: (3) Evaluation procedures.--Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Administrator, shall establish procedures for evaluating a proposal submitted by any person described in paragraph (1) to make a donation of real or personal property (including monetary donations) or nonpersonal services to facilitate the construction, alteration, operation, or maintenance of a new or existing land port of entry facility under the custody and control of the Secretary.
Inserted: (4) Considerations.--In determining whether or not to approve a proposal described in paragraph (3), the Secretary or the Administrator shall consider--
Inserted: (A) the impact of the proposal on reducing wait times at that port of entry and other ports of entry on the same border;
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Inserted: (B) the potential of the proposal to increase trade and travel efficiency through added capacity;
Inserted: (C) the potential of the proposal to enhance the security of the port of entry; and
Inserted: (D) other factors that the Secretary determines to be relevant.
Inserted: (5) Consultation.--
Inserted: (A) Locations for new ports of entry.--The Secretary is encouraged to consult with the Secretary of the Interior, the Secretary of Agriculture, the Secretary of State, the International Boundary and Water Commission, and appropriate representatives of States, local governments, Indian tribes, and property owners--
Inserted: (i) to determine locations for new ports of entry; and
Inserted: (ii) to minimize the adverse impacts from such ports on the environment, historic and cultural resources, commerce, and the quality of life for the communities and residents located near such ports.
Inserted: (B) Savings provision.--Nothing in this paragraph may be construed--
Inserted: (i) to create any right or liability of the parties described in subparagraph (A); and
Inserted: (ii) to affect any consultation requirement under any other law.
Inserted: (6) Supplemental funding.--Property (including monetary donations) and services provided pursuant to paragraph (1) may be used in addition to any other funding (including appropriated funds), property, or services made available for the same purpose.
Inserted: (7) Unconditional donations.--A donation provided pursuant to paragraph (1) shall be made unconditionally, although the donor may specify--
Inserted: (A) the land port of entry facility or facilities to be benefitted from such donation; and
Inserted: (B) the timeframe during which the donated property or services shall be used.
Inserted: (8) Return of donations.--If the Secretary or the Administrator does not use the property or services donated pursuant to paragraph (1) for the specific land port of entry facility or facilities designated by the donor or within the timeframe specified by the donor, such donated property or services shall be returned to the entity that made the donation. No interest shall be owed to the donor with respect to any donation of funding provided under paragraph (1) that is returned pursuant to this paragraph.
Inserted: (9) Report.--
Inserted: (A) In general.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary, in consultation with the Administrator, shall submit a report to the congressional committees listed in subparagraph (B) that describes--
Inserted: (i) the accepted donations received under this subsection;
Inserted: (ii) the ports of entry that received such donations; and
Inserted: (iii) how each donation helped facilitate the construction, alteration, operation, or maintenance of a new or existing land port of entry.
Inserted: (B) Congressional committees.--The congressional committees listed in this subparagraph are--
Inserted: (i) the Committee on Appropriations of the Senate;
Inserted: (ii) the Committee on Homeland Security and Governmental Affairs of the Senate;
Inserted: (iii) the Committee on Finance of the Senate;
Inserted: (iv) the Committee on Appropriations of the House of Representatives;
Inserted: (v) the Committee on Homeland Security of the House of Representatives; and
Inserted: (vi) the Committee on Ways and Means of the House of Representatives.
Inserted: (10) Savings provision.--Nothing in this subsection may be construed to affect or alter the existing authority of the Secretary or the Administrator of General Services to construct, alter, operate, and maintain land port of entry facilities.
Inserted: (e)
Original wording
On page 905, line 10, strike “(d)” and insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 1382. Ms. LANDRIEU (for herself and Mr. Carper) submitted an amendment intended to be proposed by her to the bill S. 744, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:
On page 905, line 10, strike “(d)” and insert the following:
(d) Donations for Land Ports of Entry Facilities.--
(1) Donations permitted.--Notwithstanding any other provision of law, including chapter 33 of title 40, United States Code, the Secretary, for purposes of constructing, altering, operating, or maintaining a new or existing land port of entry facility, may accept donations of real and personal property (including monetary donations) and nonpersonal services from private parties and State and local government entities.
(2) Allowable uses of donations.--The Secretary, with respect to any donation provided pursuant to paragraph (1), may--
(A) use such property or services for necessary activities related to the construction, alteration, operation, or maintenance of a new or existing land port of entry facility under the custody and control of the Secretary, including expenses related to--
(i) land acquisition, design, construction, repair and alteration;
(ii) furniture, fixtures, and equipment;
(iii) the deployment of technology and equipment; and
(iv) operations and maintenance; or
(B) transfer such property or services to the Administrator of General Services for necessary activities described in paragraph (1) related to a new or existing land port of entry facility under the custody and control of the Administrator.
(3) Evaluation procedures.--Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Administrator, shall establish procedures for evaluating a proposal submitted by any person described in paragraph (1) to make a donation of real or personal property (including monetary donations) or nonpersonal services to facilitate the construction, alteration, operation, or maintenance of a new or existing land port of entry facility under the custody and control of the Secretary.
(4) Considerations.--In determining whether or not to approve a proposal described in paragraph (3), the Secretary or the Administrator shall consider--
(A) the impact of the proposal on reducing wait times at that port of entry and other ports of entry on the same border;
(B) the potential of the proposal to increase trade and travel efficiency through added capacity;
(C) the potential of the proposal to enhance the security of the port of entry; and
(D) other factors that the Secretary determines to be relevant.
(5) Consultation.--
(A) Locations for new ports of entry.--The Secretary is encouraged to consult with the Secretary of the Interior, the Secretary of Agriculture, the Secretary of State, the International Boundary and Water Commission, and appropriate representatives of States, local governments, Indian tribes, and property owners--
(i) to determine locations for new ports of entry; and
(ii) to minimize the adverse impacts from such ports on the environment, historic and cultural resources, commerce, and the quality of life for the communities and residents located near such ports.
(B) Savings provision.--Nothing in this paragraph may be construed--
(i) to create any right or liability of the parties described in subparagraph (A); and
(ii) to affect any consultation requirement under any other law.
(6) Supplemental funding.--Property (including monetary donations) and services provided pursuant to paragraph (1) may be used in addition to any other funding (including appropriated funds), property, or services made available for the same purpose.
(7) Unconditional donations.--A donation provided pursuant to paragraph (1) shall be made unconditionally, although the donor may specify--
(A) the land port of entry facility or facilities to be benefitted from such donation; and
(B) the timeframe during which the donated property or services shall be used.
(8) Return of donations.--If the Secretary or the Administrator does not use the property or services donated pursuant to paragraph (1) for the specific land port of entry facility or facilities designated by the donor or within the timeframe specified by the donor, such donated property or services shall be returned to the entity that made the donation. No interest shall be owed to the donor with respect to any donation of funding provided under paragraph (1) that is returned pursuant to this paragraph.
(9) Report.--
(A) In general.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary, in consultation with the Administrator, shall submit a report to the congressional committees listed in subparagraph (B) that describes--
(i) the accepted donations received under this subsection;
(ii) the ports of entry that received such donations; and
(iii) how each donation helped facilitate the construction, alteration, operation, or maintenance of a new or existing land port of entry.
(B) Congressional committees.--The congressional committees listed in this subparagraph are--
(i) the Committee on Appropriations of the Senate;
(ii) the Committee on Homeland Security and Governmental Affairs of the Senate;
(iii) the Committee on Finance of the Senate;
(iv) the Committee on Appropriations of the House of Representatives;
(v) the Committee on Homeland Security of the House of Representatives; and
(vi) the Committee on Ways and Means of the House of Representatives.
(10) Savings provision.--Nothing in this subsection may be construed to affect or alter the existing authority of the Secretary or the Administrator of General Services to construct, alter, operate, and maintain land port of entry facilities.
(e)
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Senate amendment submitted
June 19, 2013