II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Securing America’s 

3 Ports Act’’. 

4 SEC. 2. LARGE-SCALE NON-INTRUSIVE INSPECTION SCAN5 NING PLAN. 

6 (a) IN GENERAL.—Not later than 180 days after the 

7 date of the enactment of this Act, the Secretary of Home8 land Security shall submit to the Committee on Homeland 

9 Security of the House of Representatives and the Com10 mittee on Homeland Security and Governmental Affairs 

11 of the Senate a plan to increase to 100 percent the rates 

12 of expeditious scanning of commercial and passenger vehi13 cles entering the United States at land ports of entry 

14 along the border using large-scale non-intrusive inspection 

15 systems or similar technology to enhance border security. 

16 (b) BASELINE INFORMATION.—At a minimum, the 

17 plan required under subsection (a) shall include the fol18 lowing information regarding large-scale non-intrusive in19 spection systems or similar technology operated by U.S. 

20 Customs and Border Protection at land ports of entry as 

21 of the date of the enactment of this Act: 

22 (1) An inventory of large-scale non-intrusive in23 spection systems or similar technology in use at each 

24 land port of entry. 


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1 (2) For each system or technology identified in 

2 the inventory required under paragraph (1), the fol3 lowing information: 

4 (A) The scanning method of such system 

5 or technology. 

6 (B) The location of such system or tech7 nology at each land port of entry that specifies 

8 whether in use in pre-primary, primary, or sec9 ondary inspection area, or some combination 

10 thereof. 

11 (C) The percentage of commercial and pas12 senger vehicles scanned by such system or tech13 nology. 

14 (D) Seizure data directly attributed to 

15 scanned commercial and passenger vehicles. 

16 (c) ELEMENTS.—The plan required under subsection 

17 (a) shall include the following information: 

18 (1) Benchmarks for achieving incremental 

19 progress towards 100 percent expeditious scanning 

20 of commercial and passenger vehicles entering the 

21 United States at land ports of entry along the bor22 der with corresponding projected incremental im23 provements in scanning rates by fiscal year and ra24 tionales for the specified timeframes for each land 

25 port of entry. 


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1 (2) Estimated costs, together with an acquisi2 tion plan, for achieving the 100 expeditious percent 

3 scanning rate within the timeframes specified in 

4 paragraph (1), including acquisition, operations, and 

5 maintenance costs for large-scale non-intrusive in6 spection systems or similar technology, as well as as7 sociated costs for any necessary infrastructure en8 hancements or configuration changes at each port of 

9 entry. To the extent practicable, such acquisition 

10 plan shall promote opportunities for entities that 

11 qualify as small business concerns (as such term is 

12 described under section 3 of the Small Business Act 

13 (15 U.S.C. 632). 

14 (3) Any projected impacts, as identified by the 

15 Commissioner of U.S. Customs and Border Protec16 tion, on the total number of commercial and pas17 senger vehicles entering at land ports of entry where 

18 such systems are in use, and average wait times at 

19 peak and non-peak travel times, by lane type if ap20 plicable, as scanning rates are increased. 

21 (4) Any projected impacts, as identified by the 

22 Commissioner of U.S. Customs and Border Protec23 tion, on land ports of entry border security oper24 ations as a result of implementation actions, includ25 ing any changes to the number of U.S. Customs and 


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1 Border Protection officers or their duties and as2 signments. 

3 (d) RESEARCH AND DEVELOPMENT.—In furtherance 

4 of the plan required under subsection (a), the Secretary 

5 of Homeland Security, acting through the Under Sec6 retary for Science and Technology, shall conduct research 

7 and development, in coordination with the Commissioner 

8 of U.S. Customs and Border Protection, to enhance large9 scale non-intrusive inspections systems or similar tech10 nology and refine the operational use or configuration of 

11 such systems or technology in pre-primary, primary, and 

12 secondary inspection areas of land ports of entry. Such 

13 research and development shall include consideration of 

14 emerging large-scale non-intrusive inspection systems or 

15 similar technology and modeling the use of such systems 

16 or technology that takes into account the variations in in17 frastructure, configurations, and sizes of land ports of 

18 entry. 

19 (e) ANNUAL REPORT.—Not later than 1 year after 

20 the submission of the plan required under subsection (a) 

21 and annually thereafter until such time as U.S. Customs 

22 and Border Protection has achieved 100 percent expedi23 tious scanning of commercial and passenger vehicles enter24 ing the United States at land ports of entry along the bor25 der using large-scale non-intrusive inspection systems or 


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1 similar technology in accordance with such plan, the Sec2 retary of Homeland Security shall report to the Committee 

3 on Homeland Security of the House of Representatives 

4 and the Committee on Homeland Security and Govern5 mental Affairs of the Senate on progress implementing the 

6 plan. Each such report at a minimum shall include the 

7 following information: 

8 (1) An inventory of large-scale non-intrusive in9 spection systems or similar technology operated by 

10 U.S. Customs and Border Protection at each land 

11 port of entry. 

12 (2) For each system or technology identified in 

13 the inventory required under paragraph (1), the fol14 lowing information: 

15 (A) The scanning method of such system 

16 or technology. 

17 (B) The location of such system or tech18 nology at each land port of entry that specifies 

19 whether in use in pre-primary, primary, or sec20 ondary inspection area, or some combination 

21 thereof. 

22 (C) The percentage of commercial and pas23 senger vehicles scanned by such system or tech24 nology. 


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1 (D) Seizure data directly attributed to 

2 scanned commercial and passenger vehicles. 

3 (3) The total number of commercial and pas4 senger vehicles entering at each land port of entry 

5 where each system or technology is in use, and infor6 mation on average wait times at peak and non-peak 

7 travel times, by lane type if applicable. 

8 (4) Progress with respect to the benchmarks 

9 specified in subsection (c)(1), and an explanation if 

10 any of such benchmarks are not achieved as 

11 planned. 

12 (5) A comparison of actual costs (including in13 formation on any awards of associated contracts) to 

14 estimated costs set forth in subsection (c)(2). 

15 (6) Any realized impacts, as identified by the 

16 Commissioner of U.S. Customs and Border Protec17 tion, on land ports of entry operations as a result of 

18 implementation actions, including any changes to the 

19 number of U.S. Customs and Border Protection offi20 cers or their duties and assignments. 

21 (7) Any proposed changes to the plan and an 

22 explanation for such changes, including changes 

23 made in response to any Department of Homeland 

24 Security research and development findings, includ25 ing findings resulting from the research and developVerDate Sep 11 2014 00:10 Sep 10, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\H5273.RS H5273

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1 ment conducted pursuant to subsection (d), or 

2 changes in terrorist or transnational criminal organi3 zations tactics, techniques, or procedures. 

4 (8) Any challenges to implementing the plan or 

5 meeting the benchmarks, and plans to mitigate any 

6 such challenges. 

7 (f) DEFINITIONS.—In this section: 

8 (1) LARGE-SCALE NON-INTRUSIVE INSPECTION

9 SYSTEM.—The term ‘‘large-scale non-intrusive in10 spection system’’ means a technology, including x11 ray and gamma-ray imaging systems, capable of pro12 ducing an image of the contents of a commercial or 

13 passenger vehicle in one pass of such vehicle. 

14 (2) SCANNING.—The term ‘‘scanning’’ means 

15 utilizing technology to produce an image of the 


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1 contents of a commercial or passenger vehicle with2 out engaging in a physical inspection of such vehicle. 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Securing America’s 

5 Ports Act’’. 

6 SEC. 2. LARGE-SCALE NON-INTRUSIVE INSPECTION SCAN7 NING PLAN. 

8 (a) DEFINITIONS.—In this section: 

9 (1) LARGE-SCALE NON-INTRUSIVE INSPECTION

10 SYSTEM.—The term ‘‘large-scale, non-intrusive in11 spection system’’ means a technology, including x-ray, 

12 gamma-ray, and passive imaging systems, capable of 

13 producing an image of the contents of a commercial 

14 or passenger vehicle or freight rail car in 1 pass of 

15 such vehicle or car. 

16 (2) SCANNING.—The term ‘‘scanning’’ means uti17 lizing nonintrusive imaging equipment, radiation de18 tection equipment, or both, to capture data, including 

19 images of a commercial or passenger vehicle or freight 

20 rail car. 

21 (b) IN GENERAL.—Not later than 180 days after the 

22 date of the enactment of this Act, the Secretary of Homeland 

23 Security shall submit a plan to the Committee on Home24 land Security and Governmental Affairs of the Senate and 

25 the Committee on Homeland Security of the House of RepVerDate Sep 11 2014 00:10 Sep 10, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H5273.RS H5273

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1 resentatives for increasing to 100 percent the rate of high2 throughput scanning of commercial and passenger vehicles 

3 and freight rail traffic entering the United States at land 

4 ports of entry and rail-border crossings along the border 

5 using large-scale non-intrusive inspection systems or simi6 lar technology to enhance border security. 

7 (c) BASELINE INFORMATION.—The plan under sub8 section (b) shall include, at a minimum, the following infor9 mation regarding large-scale non-intrusive inspection sys10 tems or similar technology operated by U.S. Customs and 

11 Border Protection at land ports of entry and rail-border 

12 crossings as of the date of the enactment of this Act: 

13 (1) An inventory of large-scale non-intrusive in14 spection systems or similar technology in use at each 

15 land port of entry. 

16 (2) For each system or technology identified in 

17 the inventory under paragraph (1)— 

18 (A) the scanning method of such system or 

19 technology; 

20 (B) the location of such system or tech21 nology at each land port of entry that specifies 

22 whether in use in pre-primary, primary, or sec23 ondary inspection area, or some combination of 

24 such areas; 


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1 (C) the percentage of commercial and pas2 senger vehicles and freight rail traffic scanned by 

3 such system or technology; 

4 (D) seizure data directly attributed to 

5 scanned commercial and passenger vehicles and 

6 freight rail traffic; and 

7 (E) the number of personnel required to op8 erate each system or technology. 

9 (3) Information regarding the continued use of 

10 other technology and tactics used for scanning, such 

11 as canines and human intelligence in conjunction 

12 with large scale, nonintrusive inspection systems. 

13 (d) ELEMENTS.—The plan under subsection (b) shall 

14 include the following information: 

15 (1) Benchmarks for achieving incremental 

16 progress towards 100 percent high-throughput scan17 ning within the next 6 years of commercial and pas18 senger vehicles and freight rail traffic entering the 

19 United States at land ports of entry and rail-border 

20 crossings along the border with corresponding pro21 jected incremental improvements in scanning rates by 

22 fiscal year and rationales for the specified timeframes 

23 for each land port of entry. 

24 (2) Estimated costs, together with an acquisition 

25 plan, for achieving the 100 percent high-throughput 


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1 scanning rate within the timeframes specified in 

2 paragraph (1), including acquisition, operations, and 

3 maintenance costs for large-scale, nonintrusive inspec4 tion systems or similar technology, and associated 

5 costs for any necessary infrastructure enhancements 

6 or configuration changes at each port of entry. Such 

7 acquisition plan shall promote, to the extent prac8 ticable, opportunities for entities that qualify as small 

9 business concerns (as defined under section 3(a) of the 

10 Small Business Act (15 U.S.C. 632(a)). 

11 (3) Any projected impacts, as identified by the 

12 Commissioner of U.S. Customs and Border Protec13 tion, on the total number of commercial and pas14 senger vehicles and freight rail traffic entering at 

15 land ports of entry and rail-border crossings where 

16 such systems are in use, and average wait times at 

17 peak and non-peak travel times, by lane type if ap18 plicable, as scanning rates are increased. 

19 (4) Any projected impacts, as identified by the 

20 Commissioner of U.S. Customs and Border Protec21 tion, on land ports of entry and rail-border crossings 

22 border security operations as a result of implementa23 tion actions, including any changes to the number of 

24 U.S. Customs and Border Protection officers or their 

25 duties and assignments. 


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1 (e) ANNUAL REPORT.—Not later than 1 year after the 

2 submission of the plan under subsection (b), and biennially 

3 thereafter for the following 6 years, the Secretary of Home4 land Security shall submit a report to the Committee on 

5 Homeland Security and Governmental Affairs of the Senate 

6 and the Committee on Homeland Security of the House of 

7 Representatives that describes the progress implementing 

8 the plan and includes— 

9 (1) an inventory of large-scale, nonintrusive in10 spection systems or similar technology operated by 

11 U.S. Customs and Border Protection at each land 

12 port of entry; 

13 (2) for each system or technology identified in 

14 the inventory required under paragraph (1)— 

15 (A) the scanning method of such system or 

16 technology; 

17 (B) the location of such system or tech18 nology at each land port of entry that specifies 

19 whether in use in pre-primary, primary, or sec20 ondary inspection area, or some combination of 

21 such areas; 

22 (C) the percentage of commercial and pas23 senger vehicles and freight rail traffic scanned by 

24 such system or technology; and 


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1 (D) seizure data directly attributed to 

2 scanned commercial and passenger vehicles and 

3 freight rail traffic; 

4 (3) the total number of commercial and pas5 senger vehicles and freight rail traffic entering at each 

6 land port of entry at which each system or technology 

7 is in use, and information on average wait times at 

8 peak and non-peak travel times, by lane type if ap9 plicable; 

10 (4) a description of the progress towards reach11 ing the benchmarks referred to in subsection (d)(1), 

12 and an explanation if any of such benchmarks are 

13 not achieved as planned; 

14 (5) a comparison of actual costs (including in15 formation on any awards of associated contracts) to 

16 estimated costs set forth in subsection (d)(2); 

17 (6) any realized impacts, as identified by the 

18 Commissioner of U.S. Customs and Border Protec19 tion, on land ports of entry and rail-border crossings 

20 operations as a result of implementation actions, in21 cluding any changes to the number of U.S. Customs 

22 and Border Protection officers or their duties and as23 signments; 

24 (7) any proposed changes to the plan and an ex25 planation for such changes, including changes made 


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1 in response to any Department of Homeland Security 

2 research and development findings or changes in ter3 rorist or transnational criminal organizations tactics, 

4 techniques, or procedures; and 

5 (8) any challenges to implementing the plan or 

6 meeting the benchmarks, and plans to mitigate any 

7 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.’’. 


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Calendar No. 530 

116TH CONGRESS 

2D SESSION H. R. 5273 

[Report No. 116–267] 

AN ACT 

To require the Secretary of Homeland Security to 

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

SEPTEMBER 9, 2020 

Reported with an amendment and an amendment to the 

title 


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