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. Short title This Act may be cited as the Securing America’s Ports Act . 2. Large-scale non-intrusive inspection scanning plan (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. (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: (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 required under paragraph (1), the following information: (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 thereof. (C) The percentage of commercial and passenger vehicles scanned by such system or technology. (D) Seizure data directly attributed to scanned commercial and passenger vehicles. (c) Elements The plan required under subsection (a) shall include the following information: (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. (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 ). (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. (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. (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. (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: (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. (2) For each system or technology identified in the inventory required under paragraph (1), the following information: (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 thereof. (C) The percentage of commercial and passenger vehicles scanned by such system or technology. (D) Seizure data directly attributed to scanned commercial and passenger vehicles. (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. (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. (5) A comparison of actual costs (including information on any awards of associated contracts) to estimated costs set forth in subsection (c)(2). (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. (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. (8) Any challenges to implementing the plan or meeting the benchmarks, and plans to mitigate any such challenges. (f) 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 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. (2) Scanning The term scanning means utilizing technology to produce an image of the contents of a commercial or passenger vehicle without engaging in a physical inspection of such vehicle.

1. Short title This Act may be cited as the Securing America’s Ports Act . 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. .

September 9, 2020 Reported with an amendment and an amendment to the title