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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5273 Enrolled Bill (ENR)]

        H.R.5273

                     One Hundred Sixteenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Friday,
            the third day of January, two thousand and twenty

                                 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, 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,
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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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