[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5273 Engrossed Amendment Senate (EAS)]
<DOC>
In the Senate of the United States,
December 7, 2020.
Resolved, That the bill from the House of Representatives (H.R.
5273) entitled ``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.'', do pass with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:
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) 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, non-
intrusive inspection systems to enhance border security, and
for other purposes.''.
Attest:
Secretary.
116th CONGRESS
2d Session
H.R. 5273
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AMENDMENTS