I 116th CONGRESS 1st Session H. R. 5273 IN THE HOUSE OF REPRESENTATIVES November 26, 2019 Ms. Torres Small of New Mexico (for herself and Mr. Crenshaw ) introduced the following bill; which was referred to the Committee on Homeland Security A BILL 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 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. (b) Baseline information At a minimum, the plan required under subsection (a) shall include the following information regarding large-scale non-intrusive inspection systems operated by U.S. Customs and Border Protection at land ports of entry in fiscal year 2019: (1) An inventory of large-scale non-intrusive inspection systems in use at land ports of entry. (2) For each system identified in the inventory required under paragraph (1), the following information: (A) The scanning technology of such system. (B) The location of such system at the 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. (D) Seizure data related to scanned commercial and passenger vehicles. (3) The total number of commercial and passenger vehicles entering at the land port of entry where each system is in use, and information on average wait times at peak and non-peak travel times, by lane type if applicable. (c) Elements The plan required under subsection (a) shall include the following information: (1) Benchmarks for achieving incremental progress towards 100 percent scanning 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 scanning rate within the timeframes specified in paragraph (1), including total acquisition, operations, and maintenance costs for large-scale non-intrusive inspection systems, as well as associated costs for any necessary infrastructure enhancements or configuration changes at each port of entry. (3) Any anticipated 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 anticipated 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 shall carry out a one-year pilot program to research and develop technology enhancements and refinements to the operational configuration of pre-primary, primary, and secondary inspection areas of land ports of entry. Such pilot program shall include consideration of large-scale emerging non-intrusive inspection systems and modeling the use of such systems that takes into account the variations in infrastructure, configurations, and sizes of land ports of entry. (e) Annual report Not later than one 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 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 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 operated by U.S. Customs and Border Protection at land ports of entry. (2) For each system identified in the inventory required under paragraph (1), the following information: (A) The scanning technology of such system. (B) The location of such system at the 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 the system. (D) Seizure data related to scanned commercial and passenger vehicles. (3) The total number of commercial and passenger vehicles entering at the land port of entry where each system 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 pilot program under 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 scanning an entire commercial or passenger vehicle in one pass to provide an image of the presence of any contraband. (2) Scanning The term scanning means a non-physical inspection of a commercial or passenger vehicle by a U.S. Customs and Border Protection officer in which images are generated of the contents of the vehicle through a technology, including x-ray and gamma-ray imaging systems, for analysis by U.S. Customs and Border Protection.