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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9722 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 9722

 To establish a pilot program to assess the use of technology to speed 
  up and enhance the cargo inspection process at land ports of entry 
                           along the border.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 20, 2024

Mr. Higgins of Louisiana (for himself and Mr. Magaziner) introduced the 
    following bill; which was referred to the Committee on Homeland 
                                Security

_______________________________________________________________________

                                 A BILL

 
 To establish a pilot program to assess the use of technology to speed 
  up and enhance the cargo inspection process at land ports of entry 
                           along the border.

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

SECTION 1. SHORT TITLES.

    This Act may be cited as the ``Contraband Awareness Technology 
Catches Harmful Fentanyl Act'' or the ``CATCH Fentanyl Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (B) the Committee on Homeland Security of the House 
                of Representatives.
            (2) Artificial intelligence; ai.--The terms ``artificial 
        intelligence'' and ``AI'' have the meaning given the term 
        ``artificial intelligence'' in section 238(g) of the John S. 
        McCain National Defense Authorization Act for Fiscal Year 2019 
        (Public Law 115-232; 10 U.S.C. 4061 note).
            (3) CBP innovation team.--The term ``CBP Innovation Team'' 
        means the U.S. Customs and Border Protection Innovation Team 
        within the Office of the Commissioner.
            (4) Nonintrusive inspection technology; nii technology.--
        The terms ``nonintrusive inspection technology'' and ``NII 
        technology'' means technical equipment and machines, such as X-
        ray or gamma-ray imaging equipment, that allow cargo 
        inspections without the need to open the means of transport and 
        unload the cargo.
            (5) Pilot projects.--The term ``pilot projects'' means the 
        projects required under section 3(a) for testing and assessing 
        the use of technologies to improve the inspection process at 
        land ports of entry.

SEC. 3. PILOT PROJECTS ALLOWING ADDITIONAL TECHNOLOGY PROVIDERS TO 
              PARTICIPATE IN INSPECTING CARS, TRUCKS, AND CARGO 
              CONTAINERS AT CERTAIN PORTS OF ENTRY.

    (a) Establishment.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Secretary of Homeland Security, 
        acting through CBP Innovation Team, and in coordination with 
        the Office of Field Operations and the Department of Homeland 
        Security Science and Technology Directorate, shall begin the 
        implementation of pilot projects for testing and assessing the 
        use of technologies or technology enhancements to improve the 
        process for inspecting, including by increasing efficiencies of 
        such inspections, any conveyance or mode of transportation at 
        land ports of entry along the borders of the United States. The 
        technologies or technology enhancements tested and assessed 
        under the pilot projects shall be for the purpose of assisting 
        U.S. Customs and Border Protection personnel to detect 
        contraband, illegal drugs, illegal weapons, human smuggling, 
        and threats on inbound and outbound traffic, in conjunction 
        with the use of imaging equipment, radiation portal monitors, 
        and chemical detectors.
            (2) Requirements.--
                    (A) In general.--In implementing the pilot projects 
                at ports of entry, the CBP Innovation Team, in 
                coordination with the Department of Homeland Security 
                Science and Technology Directorate, shall test and 
                collect data regarding not fewer than 5 types of 
                nonintrusive inspection technology enhancements that 
                can be deployed at land ports of entry. The CBP 
                Innovation Team shall test technology enhancements from 
                not fewer than 1 of the following categories:
                            (i) Artificial intelligence.
                            (ii) Machine learning.
                            (iii) High-performance computing.
                            (iv) Quantum information sciences, 
                        including quantum sensing.
                            (v) Other emerging technologies.
                    (B) Identification of effective enhancements.--The 
                pilot projects shall identify the most effective types 
                of technology enhancements to improve the capabilities 
                of nonintrusive inspection systems and other inspection 
                systems used at land ports of entry based on--
                            (i) the technology enhancement's ability to 
                        assist U.S. Customs and Border Protection 
                        accurately detect contraband, illegal drugs, 
                        illegal weapons, human smuggling, or threats in 
                        inbound and outbound traffic;
                            (ii) the technology enhancement's ability 
                        to increase efficiencies of inspections to 
                        assist U.S. Customs and Border Protection 
                        address long wait times;
                            (iii) the technology enhancement's ability 
                        to improve capabilities of aging detection 
                        equipment and infrastructure at land ports of 
                        entry;
                            (iv) the technology enhancement's safety 
                        relative to As Low As Reasonably Achievable 
                        (ALARA) standard practices;
                            (v) the ability to integrate the new 
                        technology into the existing workflow and 
                        infrastructure;
                            (vi) the technology enhancement's ability 
                        to incorporate automatic threat recognition 
                        technology using standard formats and open 
                        architecture;
                            (vii) the mobility of technology 
                        enhancements; and
                            (viii) other performance measures 
                        identified by the CBP Innovation Team.
                    (C) Private sector involvement.--The CBP Innovation 
                Team may solicit input from representatives of the 
                private sector regarding commercially viable 
                technologies.
                    (D) Cost effectiveness requirement.--In identifying 
                the most effective types of technology enhancements 
                under subparagraph (B), the pilot projects shall 
                prioritize solutions that demonstrate the highest cost-
                effectiveness in achievement the objectives described 
                in clauses (i) through (ix) of subparagraph (B). Cost 
                effectiveness shall account for improved detection 
                capabilities, increased inspection efficiencies, 
                reduced wait times, and total cost of implementation 
                (including infrastructure upgrades and maintenance 
                expenses).
            (3) Nonintrusive inspection systems program.--The CBP 
        Innovation Team shall work with existing nonintrusive 
        inspection systems programs within U.S. Customs and Border 
        Protection when planning and developing the pilot projects 
        required under paragraph (1).
            (4) Data privacy protections.--In implementing the pilot 
        projects and utilizing new technologies, the Secretary of 
        Homeland Security shall safeguard the privacy and security of 
        personal data collected during inspections through appropriate 
        measures, including--
                    (A) adherence to relevant privacy laws and 
                regulations;
                    (B) implementation of data anonymization 
                techniques, if applicable; and
                    (C) regular audits to assess compliance with data 
                privacy standards.
            (5) Science and technology directorate.--The CBP Innovation 
        Team shall work with the Department of Homeland Security 
        Science and Technology Directorate to align existing 
        nonintrusive inspection research and development efforts within 
        the Science and Technology Directorate when planning and 
        developing pilot projects required under paragraph (1).
    (b) Termination.--The pilot projects shall terminate on the date 
that is 5 years after the date of the enactment of this Act.
    (c) Reports Required.--Not later than 3 years after the date of the 
enactment of this Act, and 180 days after the termination of the pilot 
projects pursuant to subsection (b), the Secretary of Homeland Security 
shall submit a report to the appropriate congressional committees that 
contains--
            (1) an analysis of the effectiveness of technology 
        enhancements tested based on the requirements described in 
        subsection (a)(2);
            (2) any recommendations from the testing and analysis 
        concerning the ability to utilize such technologies at all land 
        ports of entry;
            (3) a plan to utilize new technologies that meet the 
        performance goals of the pilot projects across all U.S. Customs 
        and Border Protection land ports of entry at the border, 
        including total costs and a breakdown of the costs of such 
        plan, including any infrastructure improvements that may be 
        required to accommodate recommended technology enhancements;
            (4) a comprehensive list of existing technologies owned and 
        utilized by U.S. Customs and Border protection for cargo and 
        vehicle inspection, including--
                    (A) details on the implementation status of such 
                technologies, such as whether the technologies have 
                been fully installed and utilized, or whether there are 
                challenges with the installation and utilization of the 
                technology;
                    (B) an evaluation of the compatibility, 
                interoperability, and scalability of existing cargo and 
                vehicle inspection technologies within U.S. Customs and 
                Border Protection's physical and information technology 
                infrastructure; and
                    (C) identification of any obstacles to the 
                effective deployment and integration of such 
                technologies; and
            (5) the analysis described in subsection (d).
    (d) Areas of Analysis.--The report required under subsection (c) 
shall include an analysis containing--
            (1) quantitative measurements of performance based on the 
        requirements described in subsection (a)(2) of each technology 
        tested compared with the status quo to reveal a broad picture 
        of the performance of technologies and technology enhancements, 
        such as--
                    (A) the probability of detection, false alarm rate, 
                and throughput; and
                    (B) an analysis determining whether such observed 
                performance represents a significant increase, 
                decrease, or no change compared with current systems;
            (2) an assessment of the relative merits of each such 
        technology;
            (3) any descriptive trends and patterns observed; and
            (4) performance measures for--
                    (A) the technology enhancement's ability to assist 
                with the detection of contraband on inbound and 
                outbound traffic through automated (primary) inspection 
                by measuring and reporting the probability of detection 
                and false alarm rate for each NII system under 
                operational conditions;
                    (B) the throughput of cargo through each NII system 
                with a technology enhancement, including a breakdown of 
                the time needed for U.S. Customs and Border 
                Protection--
                            (i) to complete the image review process 
                        and clear low-risk shipments; and
                            (ii) to complete additional inspections of 
                        high-risk items;
                    (C) changes in U.S. Customs and Border Protection 
                officer time commitments and personnel needs to sustain 
                high volume NII scanning operations when technology 
                enhancements are utilized; and
                    (D) operational costs, including--
                            (i) estimated implementation costs for each 
                        NII system with technology enhancements; and
                            (ii) estimated cost savings due to improved 
                        efficiency due to technology enhancements, if 
                        applicable.
    (e) Privacy and Civil Liberties Reports.--The Secretary of Homeland 
Security, in consultation with the CBP Innovation Team and other 
appropriate offices, shall--
            (1) prior to the implementation of these technologies, 
        submit--
                    (A) a report or reports to the appropriate 
                congressional committees regarding the potential 
                privacy, civil liberties, and civil rights impacts of 
                technologies being tested under the pilot projects 
                pursuant to this section, including an analysis of the 
                impacts of the technology enhancements on individuals 
                crossing the United States border; and
                    (B) recommendations for mitigation measures to 
                address any identified impacts; and
            (2) not later than 180 days after the termination of the 
        pilot projects pursuant to subsection (b), submit a report to 
        the appropriate congressional committees containing--
                    (A) findings on the impacts to privacy, civil 
                rights, and civil liberties resulting from the pilot 
                projects;
                    (B) recommendations for mitigating these impacts in 
                implementation of approved technologies; and
                    (C) any additional recommendations based on the 
                lessons learned from the pilot projects.
    (f) Prohibition on New Appropriations.--No additional funds are 
authorized to be appropriated to carry out this Act.
                                 <all>
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