```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4062 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 678
118th CONGRESS
  2d Session
                                S. 4062

                          [Report No. 118-275]

 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 SENATE OF THE UNITED STATES

                             March 22, 2024

Mr. Cornyn (for himself and Ms. Hassan) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

                            December 9, 2024

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

_______________________________________________________________________

                                 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,

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

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

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Appropriate congressional committees.--The 
        term ``appropriate congressional committees'' means--</DELETED>
                <DELETED>    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and</DELETED>
                <DELETED>    (B) the Committee on Homeland Security of 
                the House of Representatives.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

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

<DELETED>    (a) Establishment.--</DELETED>
        <DELETED>    (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, 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, 
        and threats on inbound and outbound traffic, in conjunction 
        with the use of imaging equipment, radiation portal monitors, 
        and chemical detectors.</DELETED>
        <DELETED>    (2) Requirements.--</DELETED>
                <DELETED>    (A) In general.--In implementing the pilot 
                projects at ports of entry, the CBP Innovation Team 
                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:</DELETED>
                        <DELETED>    (i) Artificial 
                        intelligence.</DELETED>
                        <DELETED>    (ii) Machine learning.</DELETED>
                        <DELETED>    (iii) High-performance 
                        computing.</DELETED>
                        <DELETED>    (iv) Quantum information sciences, 
                        including quantum sensing.</DELETED>
                        <DELETED>    (v) Other emerging 
                        technology.</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) the technology enhancement's 
                        ability to assist U.S. Customs and Border 
                        Protection accurately detect contraband, 
                        illegal drugs, illegal weapons, or threats in 
                        inbound and outbound traffic;</DELETED>
                        <DELETED>    (ii) the technology enhancement's 
                        ability to increase efficiencies of inspections 
                        to assist U.S. Customs and Border Protection 
                        address long wait times;</DELETED>
                        <DELETED>    (iii) the technology enhancement's 
                        ability to improve capabilities of aging 
                        detection equipment and infrastructure at land 
                        ports of entry;</DELETED>
                        <DELETED>    (iv) the technology enhancement's 
                        safety relative to As Low As Reasonably 
                        Achievable (ALARA) standard 
                        practices;</DELETED>
                        <DELETED>    (v) the expected cost of 
                        implementing the new technology;</DELETED>
                        <DELETED>    (vi) the ability to integrate the 
                        new technology into the existing workflow and 
                        infrastructure;</DELETED>
                        <DELETED>    (vii) the technology enhancement's 
                        ability to incorporate automatic threat 
                        recognition technology using standard formats 
                        and open architecture;</DELETED>
                        <DELETED>    (viii) the mobility of technology 
                        enhancements; and</DELETED>
                        <DELETED>    (ix) other performance measures 
                        identified by the CBP Innovation 
                        Team.</DELETED>
                <DELETED>    (C) Private sector involvement.--The CBP 
                Innovation Team may solicit input from representatives 
                of the private sector regarding commercially viable 
                technologies.</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (b) Termination.--The pilot projects shall terminate on 
the date that is 5 years after the date of the enactment of this 
Act.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) an analysis of the effectiveness of technology 
        enhancements tested based on the requirements described in 
        subsection (a)(2);</DELETED>
        <DELETED>    (2) any recommendations from the testing and 
        analysis concerning the ability to utilize such technologies at 
        all land ports of entry;</DELETED>
        <DELETED>    (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; 
        and</DELETED>
        <DELETED>    (4) the analysis described in subsection 
        (d).</DELETED>
<DELETED>    (d) Areas of Analysis.--The report required under 
subsection (c) shall include an analysis containing--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the probability of detection, false 
                alarm rate, and throughput; and</DELETED>
                <DELETED>    (B) an analysis determining whether such 
                observed performance represents a significant increase, 
                decrease, or no change compared with current 
                systems;</DELETED>
        <DELETED>    (2) an assessment of the relative merits of each 
        such technology;</DELETED>
        <DELETED>    (3) any descriptive trends and patterns observed; 
        and</DELETED>
        <DELETED>    (4) performance measures for--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) to complete the image review 
                        process and clear low-risk shipments; 
                        and</DELETED>
                        <DELETED>    (ii) to complete additional 
                        inspections of high-risk items;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (D) operational costs, including--
                </DELETED>
                        <DELETED>    (i) estimated implementation costs 
                        for each NII system with technology 
                        enhancements; and</DELETED>
                        <DELETED>    (ii) estimated cost savings due to 
                        improved efficiency due to technology 
                        enhancements, if applicable.</DELETED>

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).8
            (4) 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 DHS Privacy Officer 
and Civil Rights and Civil Liberties Officer, in consultation with the 
CBP Innovation Team and other appropriate CBP offices, shall--
            (1) prior to the implementation of these technologies, 
        provide--
                    (A) a report or reports to the appropriate 
                congressional committees on the potential privacy, 
                civil liberties, and civil rights impacts of 
                technologies being tested under the pilot projects 
                pursuant to subsection (b); and
                    (B) recommendations for mitigation measures to 
                address identified impacts; and
            (2) not later than 180 days after the termination of the 
        pilot projects pursuant to subsection (b), provide--
                    (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.
                                                       Calendar No. 678

118th CONGRESS

  2d Session

                                S. 4062

                          [Report No. 118-275]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            December 9, 2024

                       Reported with an amendment
```