[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5273 Reported in Senate (RS)]
<DOC>
Calendar No. 530
116th CONGRESS
2d Session
H. R. 5273
[Report No. 116-267]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 11, 2020
Received; read twice and referred to the Committee on Homeland Security
and Governmental Affairs
September 9, 2020
Reported by Mr. Johnson, with an amendment and an amendment to the
title
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Securing America's Ports
Act''.</DELETED>
<DELETED>SEC. 2. LARGE-SCALE NON-INTRUSIVE INSPECTION SCANNING
PLAN.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (1) An inventory of large-scale non-intrusive
inspection systems or similar technology in use at each land
port of entry.</DELETED>
<DELETED> (2) For each system or technology identified in
the inventory required under paragraph (1), the following
information:</DELETED>
<DELETED> (A) The scanning method of such system or
technology.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (C) The percentage of commercial and
passenger vehicles scanned by such system or
technology.</DELETED>
<DELETED> (D) Seizure data directly attributed to
scanned commercial and passenger vehicles.</DELETED>
<DELETED> (c) Elements.--The plan required under subsection (a)
shall include the following information:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) For each system or technology identified in
the inventory required under paragraph (1), the following
information:</DELETED>
<DELETED> (A) The scanning method of such system or
technology.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (C) The percentage of commercial and
passenger vehicles scanned by such system or
technology.</DELETED>
<DELETED> (D) Seizure data directly attributed to
scanned commercial and passenger vehicles.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (5) A comparison of actual costs (including
information on any awards of associated contracts) to estimated
costs set forth in subsection (c)(2).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (8) Any challenges to implementing the plan or
meeting the benchmarks, and plans to mitigate any such
challenges.</DELETED>
<DELETED> (f) Definitions.--In this section:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Scanning.--The term ``scanning'' means
utilizing technology to produce an image of the
</DELETED>
<DELETED> </DELETED>
<DELETED> contents of a commercial or passenger vehicle without
engaging in a physical inspection of such vehicle.</DELETED>
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, nonintrusive
inspection systems to enhance border security, and for other
purposes.''.
Calendar No. 530
116th CONGRESS
2d Session
H. R. 5273
[Report No. 116-267]
_______________________________________________________________________
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.
_______________________________________________________________________
September 9, 2020
Reported with an amendment and an amendment to the title