Securing America's Ports Act
PL 116-299 (H.R.5273), enacted 01/05/2021

[116th Congress Public Law 299]
[From the U.S. Government Publishing Office]



[[Page 4905]]

                      SECURING AMERICA'S PORTS ACT

[[Page 134 STAT. 4906]]

Public Law 116-299
116th Congress

                                 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, non-intrusive 
      inspection systems to enhance border security, and for other 
            purposes. <<NOTE: Jan. 5, 2021 -  [H.R. 5273]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Securing 
America's Ports Act. 6 USC 211 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Securing America's Ports Act''.
SEC. 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) <<NOTE: Deadline.>>  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) <<NOTE: Inventory.>>  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;

[[Page 134 STAT. 4907]]

                    (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) <<NOTE: Cost estimates. Acquisition plan.>>  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) <<NOTE: Time period.>>  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--

[[Page 134 STAT. 4908]]

            (1) <<NOTE: Inventory.>>  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.

    Approved January 5, 2021.

LEGISLATIVE HISTORY--H.R. 5273:
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HOUSE REPORTS: No. 116-394 (Comm. on Homeland Security).
SENATE REPORTS: No. 116-267 (Comm. on Homeland Security and Governmental 
Affairs).
CONGRESSIONAL RECORD, Vol. 166 (2020):
            Feb. 10, considered and passed House.
            Dec. 7, considered and passed Senate, amended.
            Dec. 10, House concurred in Senate amendments.

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