II Calendar No. 576 117th CONGRESS 2d Session S. 4572 [Report No. 117–220] IN THE SENATE OF THE UNITED STATES July 20, 2022 Mr. Peters (for himself, Mr. Cornyn , and Ms. Hassan ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs December 5, 2022 Reported by Mr. Peters , with amendments Insert the part printed in italic A BILL To require U.S. Customs and Border Protection to expand the use of non-intrusive inspection systems at land ports of entry.

1. Short title This Act may be cited as the Non-Intrusive Inspection Expansion Act . 2. Sense of Congress It is the sense of Congress that— (1) non-intrusive inspections systems are an important tool to increase U.S. Customs and Border Protection’s ability to detect and interdict illicit and unclaimed goods while securely and efficiently facilitating the flow of trade and travel entering the United States at land ports of entry; (2) it is in the interest of United States trade and border security to develop the capacity to increase to 100 percent the rate of scanning of passenger and commercial vehicles entering the United States at land ports of entry; (3) U.S. Customs and Border Protection should actively implement plans to increase the rate of scanning of passenger and commercial vehicles entering the United States at land ports of entry towards 100 percent, consistent with the Securing America's Ports Act ( Public Law 116–299 ; 6 U.S.C. 211 note); and (4) U.S. Customs and Border Protection should use past and future congressional appropriations for non-intrusive inspection systems to incrementally increase the rate of scanning of passenger and commercial vehicles entering the United States at land ports of entry and to ensure adequate staffing and other resources so as to support the full use of such systems and adjudication of scans. 3. Use of non-intrusive inspection systems at land ports of entry (a) Fiscal year 2024 Using non-intrusive inspection systems acquired through previous appropriations Acts, beginning not later than September 30, 2024, U.S. Customs and Border Protection shall use non-intrusive inspection systems at land ports of entry to scan not fewer than— (1) 40 percent, cumulatively, of passenger vehicles entering the United States through land ports of entry; and (2) 90 percent, cumulatively, of commercial vehicles entering the United States through land ports of entry. (b) Subsequent fiscal years Following fiscal year 2024, U.S. Customs and Border Protection shall use non-intrusive inspection systems at land ports of entry to reach the next projected benchmark for incremental scanning of passenger and commercial vehicles entering the United States at such ports of entry. (c) GAO review and report (1) Review (A) In general The Comptroller General of the United States shall conduct a review of the use by U.S. Customs and Border Protection of non-intrusive inspection systems for border security. (B) Elements The review required by subparagraph (A) shall include the following: (i) An identification of— (I) the number and types of non-intrusive inspection systems deployed by U.S. Customs and Border Protection; and (II) the locations to which such systems have been deployed. (ii) An examination of the manner in which U.S. Customs and Border Protection— (I) assesses the effectiveness of such systems; and (II) uses such systems in conjunction with other border security resources and assets, such as border barriers and technology, to detect and interdict drug smuggling and trafficking at the southwest border of the United States. (2) Report Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the findings of the review conducted under paragraph (1). 4. Briefing Not later than May 30, 2024, U.S. Customs and Border Protection shall brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives regarding the progress made during the first half of fiscal year 2024 in achieving the scanning benchmarks referred to in that section. 5. Report If the requirements described in section 3(a) are not met in fiscal year 2024, not later than 120 days after the end of that fiscal year, the Commissioner of U.S. Customs and Border Protection 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— (1) analyzes the causes for not meeting such requirements and identifies any resource gaps and challenges; and (2) details the steps that will be taken to ensure compliance with such requirements in the subsequent fiscal year. 6. Report on feasibility of using non-intrusive inspection systems for southbound inspections (a) Sense of Congress It is the sense of Congress that non-intrusive inspection systems should be used to detect and interdict illicit and dangerous goods and unclaimed money that flow out of the United States to supply and fund transnational drug cartels. (b) Report Not later than 270 days after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the feasibility of using non-intrusive inspection systems to scan 10 percent of all vehicles exiting the United States through land ports of entry by September 30, 2024.

December 5, 2022 Reported with amendments