[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5273 Engrossed Amendment Senate (EAS)]

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                  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