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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5273 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 530
116th CONGRESS
  2d Session
                                H. R. 5273

                          [Report No. 116-267]

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           February 11, 2020

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

                           September 9, 2020

  Reported by Mr. Johnson, with an amendment and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 AN ACT

 
  To require the Secretary of Homeland Security to develop a plan to 
    increase to 100 percent the rates of scanning of commercial and 
 passenger vehicles entering the United States at land ports of entry 
along the border using large-scale non-intrusive inspection systems to 
            enhance border security, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Securing America's Ports 
Act''.</DELETED>

<DELETED>SEC. 2. LARGE-SCALE NON-INTRUSIVE INSPECTION SCANNING 
              PLAN.</DELETED>

<DELETED>    (a) In General.--Not later than 180 days after the date of 
the enactment of this Act, the Secretary of Homeland Security shall 
submit to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate a plan to increase to 100 percent the rates of 
expeditious scanning of commercial and passenger vehicles entering the 
United States at land ports of entry along the border using large-scale 
non-intrusive inspection systems or similar technology to enhance 
border security.</DELETED>
<DELETED>    (b) Baseline Information.--At a minimum, the plan required 
under subsection (a) shall include the following information regarding 
large-scale non-intrusive inspection systems or similar technology 
operated by U.S. Customs and Border Protection at land ports of entry 
as of the date of the enactment of this Act:</DELETED>
        <DELETED>    (1) An inventory of large-scale non-intrusive 
        inspection systems or similar technology in use at each land 
        port of entry.</DELETED>
        <DELETED>    (2) For each system or technology identified in 
        the inventory required under paragraph (1), the following 
        information:</DELETED>
                <DELETED>    (A) The scanning method of such system or 
                technology.</DELETED>
                <DELETED>    (B) The location of such system or 
                technology at each land port of entry that specifies 
                whether in use in pre-primary, primary, or secondary 
                inspection area, or some combination thereof.</DELETED>
                <DELETED>    (C) The percentage of commercial and 
                passenger vehicles scanned by such system or 
                technology.</DELETED>
                <DELETED>    (D) Seizure data directly attributed to 
                scanned commercial and passenger vehicles.</DELETED>
<DELETED>    (c) Elements.--The plan required under subsection (a) 
shall include the following information:</DELETED>
        <DELETED>    (1) Benchmarks for achieving incremental progress 
        towards 100 percent expeditious scanning of commercial and 
        passenger vehicles entering the United States at land ports of 
        entry along the border with corresponding projected incremental 
        improvements in scanning rates by fiscal year and rationales 
        for the specified timeframes for each land port of 
        entry.</DELETED>
        <DELETED>    (2) Estimated costs, together with an acquisition 
        plan, for achieving the 100 expeditious percent scanning rate 
        within the timeframes specified in paragraph (1), including 
        acquisition, operations, and maintenance costs for large-scale 
        non-intrusive inspection systems or similar technology, as well 
        as associated costs for any necessary infrastructure 
        enhancements or configuration changes at each port of entry. To 
        the extent practicable, such acquisition plan shall promote 
        opportunities for entities that qualify as small business 
        concerns (as such term is described under section 3 of the 
        Small Business Act (15 U.S.C. 632).</DELETED>
        <DELETED>    (3) Any projected impacts, as identified by the 
        Commissioner of U.S. Customs and Border Protection, on the 
        total number of commercial and passenger vehicles entering at 
        land ports of entry where such systems are in use, and average 
        wait times at peak and non-peak travel times, by lane type if 
        applicable, as scanning rates are increased.</DELETED>
        <DELETED>    (4) Any projected impacts, as identified by the 
        Commissioner of U.S. Customs and Border Protection, on land 
        ports of entry border security operations as a result of 
        implementation actions, including any changes to the number of 
        U.S. Customs and Border Protection officers or their duties and 
        assignments.</DELETED>
<DELETED>    (d) Research and Development.--In furtherance of the plan 
required under subsection (a), the Secretary of Homeland Security, 
acting through the Under Secretary for Science and Technology, shall 
conduct research and development, in coordination with the Commissioner 
of U.S. Customs and Border Protection, to enhance large-scale non-
intrusive inspections systems or similar technology and refine the 
operational use or configuration of such systems or technology in pre-
primary, primary, and secondary inspection areas of land ports of 
entry. Such research and development shall include consideration of 
emerging large-scale non-intrusive inspection systems or similar 
technology and modeling the use of such systems or technology that 
takes into account the variations in infrastructure, configurations, 
and sizes of land ports of entry.</DELETED>
<DELETED>    (e) Annual Report.--Not later than 1 year after the 
submission of the plan required under subsection (a) and annually 
thereafter until such time as U.S. Customs and Border Protection has 
achieved 100 percent expeditious scanning of commercial and passenger 
vehicles entering the United States at land ports of entry along the 
border using large-scale non-intrusive inspection systems or similar 
technology in accordance with such plan, the Secretary of Homeland 
Security shall report to the Committee on Homeland Security of the 
House of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate on progress implementing the plan. 
Each such report at a minimum shall include the following 
information:</DELETED>
        <DELETED>    (1) An inventory of large-scale non-intrusive 
        inspection systems or similar technology operated by U.S. 
        Customs and Border Protection at each land port of 
        entry.</DELETED>
        <DELETED>    (2) For each system or technology identified in 
        the inventory required under paragraph (1), the following 
        information:</DELETED>
                <DELETED>    (A) The scanning method of such system or 
                technology.</DELETED>
                <DELETED>    (B) The location of such system or 
                technology at each land port of entry that specifies 
                whether in use in pre-primary, primary, or secondary 
                inspection area, or some combination thereof.</DELETED>
                <DELETED>    (C) The percentage of commercial and 
                passenger vehicles scanned by such system or 
                technology.</DELETED>
                <DELETED>    (D) Seizure data directly attributed to 
                scanned commercial and passenger vehicles.</DELETED>
        <DELETED>    (3) The total number of commercial and passenger 
        vehicles entering at each land port of entry where each system 
        or technology is in use, and information on average wait times 
        at peak and non-peak travel times, by lane type if 
        applicable.</DELETED>
        <DELETED>    (4) Progress with respect to the benchmarks 
        specified in subsection (c)(1), and an explanation if any of 
        such benchmarks are not achieved as planned.</DELETED>
        <DELETED>    (5) A comparison of actual costs (including 
        information on any awards of associated contracts) to estimated 
        costs set forth in subsection (c)(2).</DELETED>
        <DELETED>    (6) Any realized impacts, as identified by the 
        Commissioner of U.S. Customs and Border Protection, on land 
        ports of entry operations as a result of implementation 
        actions, including any changes to the number of U.S. Customs 
        and Border Protection officers or their duties and 
        assignments.</DELETED>
        <DELETED>    (7) Any proposed changes to the plan and an 
        explanation for such changes, including changes made in 
        response to any Department of Homeland Security research and 
        development findings, including findings resulting from the 
        research and development conducted pursuant to subsection (d), 
        or changes in terrorist or transnational criminal organizations 
        tactics, techniques, or procedures.</DELETED>
        <DELETED>    (8) Any challenges to implementing the plan or 
        meeting the benchmarks, and plans to mitigate any such 
        challenges.</DELETED>
<DELETED>    (f) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Large-scale non-intrusive inspection system.--
        The term ``large-scale non-intrusive inspection system'' means 
        a technology, including x-ray and gamma-ray imaging systems, 
        capable of producing an image of the contents of a commercial 
        or passenger vehicle in one pass of such vehicle.</DELETED>
        <DELETED>    (2) Scanning.--The term ``scanning'' means 
        utilizing technology to produce an image of the
        </DELETED>
            <DELETED>  </DELETED>
        <DELETED> contents of a commercial or passenger vehicle without 
        engaging in a physical inspection of such vehicle.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Securing America's Ports Act''.

SEC. 2. LARGE-SCALE NON-INTRUSIVE INSPECTION SCANNING PLAN.

    (a) Definitions.--In this section:
            (1) Large-scale non-intrusive inspection system.--The term 
        ``large-scale, non-intrusive inspection system'' means a 
        technology, including x-ray, gamma-ray, and passive imaging 
        systems, capable of producing an image of the contents of a 
        commercial or passenger vehicle or freight rail car in 1 pass 
        of such vehicle or car.
            (2) Scanning.--The term ``scanning'' means utilizing 
        nonintrusive imaging equipment, radiation detection equipment, 
        or both, to capture data, including images of a commercial or 
        passenger vehicle or freight rail car.
    (b) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall submit 
a plan to the Committee on Homeland Security and Governmental Affairs 
of the Senate and the Committee on Homeland Security of the House of 
Representatives for increasing to 100 percent the rate of high-
throughput scanning of commercial and passenger vehicles and freight 
rail traffic entering the United States at land ports of entry and 
rail-border crossings along the border using large-scale non-intrusive 
inspection systems or similar technology to enhance border security.
    (c) Baseline Information.--The plan under subsection (b) shall 
include, at a minimum, the following information regarding large-scale 
non-intrusive inspection systems or similar technology operated by U.S. 
Customs and Border Protection at land ports of entry and rail-border 
crossings as of the date of the enactment of this Act:
            (1) An inventory of large-scale non-intrusive inspection 
        systems or similar technology in use at each land port of 
        entry.
            (2) For each system or technology identified in the 
        inventory under paragraph (1)--
                    (A) the scanning method of such system or 
                technology;
                    (B) the location of such system or technology at 
                each land port of entry that specifies whether in use 
                in pre-primary, primary, or secondary inspection area, 
                or some combination of such areas;
                    (C) the percentage of commercial and passenger 
                vehicles and freight rail traffic scanned by such 
                system or technology;
                    (D) seizure data directly attributed to scanned 
                commercial and passenger vehicles and freight rail 
                traffic; and
                    (E) the number of personnel required to operate 
                each system or technology.
            (3) Information regarding the continued use of other 
        technology and tactics used for scanning, such as canines and 
        human intelligence in conjunction with large scale, 
        nonintrusive inspection systems.
    (d) Elements.--The plan under subsection (b) shall include the 
following information:
            (1) Benchmarks for achieving incremental progress towards 
        100 percent high-throughput scanning within the next 6 years of 
        commercial and passenger vehicles and freight rail traffic 
        entering the United States at land ports of entry and rail-
        border crossings along the border with corresponding projected 
        incremental improvements in scanning rates by fiscal year and 
        rationales for the specified timeframes for each land port of 
        entry.
            (2) Estimated costs, together with an acquisition plan, for 
        achieving the 100 percent high-throughput scanning rate within 
        the timeframes specified in paragraph (1), including 
        acquisition, operations, and maintenance costs for large-scale, 
        nonintrusive inspection systems or similar technology, and 
        associated costs for any necessary infrastructure enhancements 
        or configuration changes at each port of entry. Such 
        acquisition plan shall promote, to the extent practicable, 
        opportunities for entities that qualify as small business 
        concerns (as defined under section 3(a) of the Small Business 
        Act (15 U.S.C. 632(a)).
            (3) Any projected impacts, as identified by the 
        Commissioner of U.S. Customs and Border Protection, on the 
        total number of commercial and passenger vehicles and freight 
        rail traffic entering at land ports of entry and rail-border 
        crossings where such systems are in use, and average wait times 
        at peak and non-peak travel times, by lane type if applicable, 
        as scanning rates are increased.
            (4) Any projected impacts, as identified by the 
        Commissioner of U.S. Customs and Border Protection, on land 
        ports of entry and rail-border crossings border security 
        operations as a result of implementation actions, including any 
        changes to the number of U.S. Customs and Border Protection 
        officers or their duties and assignments.
    (e) Annual Report.--Not later than 1 year after the submission of 
the plan under subsection (b), and biennially thereafter for the 
following 6 years, the Secretary of Homeland Security shall submit a 
report to the Committee on Homeland Security and Governmental Affairs 
of the Senate and the Committee on Homeland Security of the House of 
Representatives that describes the progress implementing the plan and 
includes--
            (1) an inventory of large-scale, nonintrusive inspection 
        systems or similar technology operated by U.S. Customs and 
        Border Protection at each land port of entry;
            (2) for each system or technology identified in the 
        inventory required under paragraph (1)--
                    (A) the scanning method of such system or 
                technology;
                    (B) the location of such system or technology at 
                each land port of entry that specifies whether in use 
                in pre-primary, primary, or secondary inspection area, 
                or some combination of such areas;
                    (C) the percentage of commercial and passenger 
                vehicles and freight rail traffic scanned by such 
                system or technology; and
                    (D) seizure data directly attributed to scanned 
                commercial and passenger vehicles and freight rail 
                traffic;
            (3) the total number of commercial and passenger vehicles 
        and freight rail traffic entering at each land port of entry at 
        which each system or technology is in use, and information on 
        average wait times at peak and non-peak travel times, by lane 
        type if applicable;
            (4) a description of the progress towards reaching the 
        benchmarks referred to in subsection (d)(1), and an explanation 
        if any of such benchmarks are not achieved as planned;
            (5) a comparison of actual costs (including information on 
        any awards of associated contracts) to estimated costs set 
        forth in subsection (d)(2);
            (6) any realized impacts, as identified by the Commissioner 
        of U.S. Customs and Border Protection, on land ports of entry 
        and rail-border crossings operations as a result of 
        implementation actions, including any changes to the number of 
        U.S. Customs and Border Protection officers or their duties and 
        assignments;
            (7) any proposed changes to the plan and an explanation for 
        such changes, including changes made in response to any 
        Department of Homeland Security research and development 
        findings or changes in terrorist or transnational criminal 
        organizations tactics, techniques, or procedures; and
            (8) any challenges to implementing the plan or meeting the 
        benchmarks, and plans to mitigate any such challenges.
            Amend the title so as to read: ``An Act to require the 
        Secretary of Homeland Security to develop a plan to increase to 
        100 percent the rates of scanning of commercial and passenger 
        vehicles and freight rail entering the United States at land 
        ports of entry along the border using large-scale, nonintrusive 
        inspection systems to enhance border security, and for other 
        purposes.''.
                                                       Calendar No. 530

116th CONGRESS

  2d Session

                               H. R. 5273

                          [Report No. 116-267]

_______________________________________________________________________

                                 AN ACT

  To require the Secretary of Homeland Security to develop a plan to 
    increase to 100 percent the rates of scanning of commercial and 
 passenger vehicles entering the United States at land ports of entry 
along the border using large-scale non-intrusive inspection systems to 
            enhance border security, and for other purposes.

_______________________________________________________________________

                           September 9, 2020

        Reported with an amendment and an amendment to the title
```