[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5273 Referred in Senate (RFS)]

<DOC>
116th CONGRESS
  2d Session
                                H. R. 5273


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 11, 2020

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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) 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 expeditious 
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 or similar technology 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 or similar technology operated 
by U.S. Customs and Border Protection at land ports of entry 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 required under paragraph (1), the following 
        information:
                    (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 thereof.
                    (C) The percentage of commercial and passenger 
                vehicles scanned by such system or technology.
                    (D) Seizure data directly attributed to scanned 
                commercial and passenger vehicles.
    (c) Elements.--The plan required under subsection (a) shall include 
the following information:
            (1) Benchmarks for achieving incremental progress towards 
        100 percent expeditious scanning of commercial and passenger 
        vehicles entering the United States at land ports of entry 
        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 expeditious percent scanning rate within the 
        timeframes specified in paragraph (1), including acquisition, 
        operations, and maintenance costs for large-scale non-intrusive 
        inspection systems or similar technology, as well as associated 
        costs for any necessary infrastructure enhancements or 
        configuration changes at each port of entry. To the extent 
        practicable, such acquisition plan shall promote opportunities 
        for entities that qualify as small business concerns (as such 
        term is described under section 3 of the Small Business Act (15 
        U.S.C. 632).
            (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 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 projected 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, acting 
through the Under Secretary for Science and Technology, shall conduct 
research and development, in coordination with the Commissioner of U.S. 
Customs and Border Protection, to enhance large-scale non-intrusive 
inspections systems or similar technology and refine the operational 
use or configuration of such systems or technology in pre-primary, 
primary, and secondary inspection areas of land ports of entry. Such 
research and development shall include consideration of emerging large-
scale non-intrusive inspection systems or similar technology and 
modeling the use of such systems or technology that takes into account 
the variations in infrastructure, configurations, and sizes of land 
ports of entry.
    (e) Annual Report.--Not later than 1 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 expeditious 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 or similar 
technology 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 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), the following 
        information:
                    (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 thereof.
                    (C) The percentage of commercial and passenger 
                vehicles scanned by such system or technology.
                    (D) Seizure data directly attributed to scanned 
                commercial and passenger vehicles.
            (3) The total number of commercial and passenger vehicles 
        entering at each land port of entry where 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) 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 research and 
        development conducted pursuant to 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 producing an image of the contents of a commercial 
        or passenger vehicle in one pass of such vehicle.
            (2) Scanning.--The term ``scanning'' means utilizing 
        technology to produce an image of the


              

        contents of a commercial or passenger vehicle without engaging 
        in a physical inspection of such vehicle.

            Passed the House of Representatives February 10, 2020.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.

                               By Robert F. Reeves,

                                                          Deputy Clerk.