[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1822 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 221
118th CONGRESS
  1st Session
                                S. 1822

                          [Report No. 118-105]

To require U.S. Customs and Border Protection to expand the use of non-
          intrusive inspection systems at land ports of entry.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 6, 2023

  Mr. Peters (for himself, Mr. Cornyn, and Ms. Hassan) introduced the 
 following bill; which was read twice and referred to the Committee on 
               Homeland Security and Governmental Affairs

                            October 3, 2023

               Reported by Mr. Peters, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To require U.S. Customs and Border Protection to expand the use of non-
          intrusive inspection systems at land ports of entry.

    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 ``Non-Intrusive Inspection 
Expansion Act''.</DELETED>

<DELETED>SEC. 2. USE OF NON-INTRUSIVE INSPECTION SYSTEMS AT LAND PORTS 
              OF ENTRY.</DELETED>

<DELETED>    (a) Fiscal Year 2026.--Using non-intrusive inspection 
systems acquired through previous appropriations Acts, beginning not 
later than September 30, 2026, U.S. Customs and Border Protection shall 
use non-intrusive inspection systems at land ports of entry to scan not 
fewer than--</DELETED>
        <DELETED>    (1) 40 percent, cumulatively, of passenger 
        vehicles entering the United States through land ports of 
        entry; and</DELETED>
        <DELETED>    (2) 90 percent, cumulatively, of commercial 
        vehicles entering the United States through land ports of 
        entry.</DELETED>
<DELETED>    (b) Subsequent Fiscal Years.--Beginning in fiscal year 
2027, U.S. Customs and Border Protection shall use non-intrusive 
inspection systems at land ports of entry to reach the next projected 
benchmark for incremental scanning of passenger and commercial vehicles 
entering the United States at such ports of entry.</DELETED>
<DELETED>    (c) Briefing.--Not later than May 30, 2026, the 
Commissioner of U.S. Customs and Border Protection shall brief the 
Committee on Homeland Security and Governmental Affairs of the Senate 
and the Committee on Homeland Security of the House of Representatives 
regarding the progress made during the first half of fiscal year 2026 
in achieving the scanning benchmarks described in subsection 
(a).</DELETED>
<DELETED>    (d) Report.--If the scanning benchmarks described in 
subsection (a) are not met by the end of fiscal year 2026, not later 
than 120 days after the end of that fiscal year, the Commissioner of 
U.S. Customs and Border Protection 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--</DELETED>
        <DELETED>    (1) analyzes the causes for not meeting such 
        requirements;</DELETED>
        <DELETED>    (2) identifies any resource gaps and challenges; 
        and</DELETED>
        <DELETED>    (3) details the steps that will be taken to ensure 
        compliance with such requirements in the subsequent fiscal 
        year.</DELETED>

<DELETED>SEC. 3. NON-INTRUSIVE INSPECTION SYSTEMS FOR OUTBOUND 
              INSPECTIONS.</DELETED>

<DELETED>    (a) Feasibility Study.--Not later than 270 days after the 
date of the enactment of this Act, the Commissioner of U.S. Customs and 
Border Protection 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 analyzes the 
feasibility of using non-intrusive inspection systems to scan 10 
percent of all vehicles exiting the United States through land ports of 
entry with equipment available on the date of the enactment of this 
Act.</DELETED>
<DELETED>    (b) Implementation.--Beginning not later than September 
30, 2026, U.S. Customs and Border Protection shall use non-intrusive 
inspection systems at land ports of entry to scan not fewer than 10 
percent of all vehicles exiting the United States through land ports of 
entry.</DELETED>

<DELETED>SEC. 4. GAO REVIEW AND REPORT.</DELETED>

<DELETED>    (a) Review.--</DELETED>
        <DELETED>    (1) In general.--The Comptroller General of the 
        United States shall conduct a review of the use by U.S. Customs 
        and Border Protection of non-intrusive inspection systems for 
        border security.</DELETED>
        <DELETED>    (2) Elements.--The review required under paragraph 
        (1) shall--</DELETED>
                <DELETED>    (A) identify--</DELETED>
                        <DELETED>    (i) the number and types of non-
                        intrusive inspection systems deployed by U.S. 
                        Customs and Border Protection; and</DELETED>
                        <DELETED>    (ii) the locations to which such 
                        systems have been deployed; and</DELETED>
                <DELETED>    (B) examine the manner in which U.S. 
                Customs and Border Protection--</DELETED>
                        <DELETED>    (i) assesses the effectiveness of 
                        such systems; and</DELETED>
                        <DELETED>    (ii) uses such systems in 
                        conjunction with other border security 
                        resources and assets, such as border barriers 
                        and technology, to detect and interdict drug 
                        smuggling and trafficking at the southwest 
                        border of the United States.</DELETED>
<DELETED>    (b) Report.--Not later than 2 years after the date of the 
enactment of this Act, the Comptroller General 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 containing the findings of the review conducted 
pursuant to subsection (a).</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Non-Intrusive Inspection Expansion 
Act''.

SEC. 2. USE OF NON-INTRUSIVE INSPECTION SYSTEMS AT LAND PORTS OF ENTRY.

    (a) Fiscal Year 2026.--Using non-intrusive inspection systems 
acquired through previous appropriations Acts, beginning not later than 
September 30, 2026, U.S. Customs and Border Protection shall use non-
intrusive inspection systems at land ports of entry to scan, 
cumulatively, at ports of entry where systems are in place by the 
deadline, not fewer than--
            (1) 40 percent of passenger vehicles entering the United 
        States; and
            (2) 90 percent of commercial vehicles entering the United 
        States.
    (b) Subsequent Fiscal Years.--Beginning in fiscal year 2027, U.S. 
Customs and Border Protection shall use non-intrusive inspection 
systems at land ports of entry to reach the next projected benchmark 
for incremental scanning of passenger and commercial vehicles entering 
the United States at such ports of entry.
    (c) Briefing.--Not later than May 30, 2026, the Commissioner of 
U.S. Customs and Border Protection shall brief the Committee on 
Homeland Security and Governmental Affairs of the Senate and the 
Committee on Homeland Security of the House of Representatives 
regarding the progress made during the first half of fiscal year 2026 
in achieving the scanning benchmarks described in subsection (a).
    (d) Report.--If the scanning benchmarks described in subsection (a) 
are not met by the end of fiscal year 2026, not later than 120 days 
after the end of that fiscal year, the Commissioner of U.S. Customs and 
Border Protection 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--
            (1) analyzes the causes for not meeting such requirements;
            (2) identifies any resource gaps and challenges; and
            (3) details the steps that will be taken to ensure 
        compliance with such requirements in the subsequent fiscal 
        year.

SEC. 3. NON-INTRUSIVE INSPECTION SYSTEMS FOR OUTBOUND INSPECTIONS.

    (a) Strategy.--Not later than 180 days after the date of the 
enactment of this Act, the Commissioner of U.S. Customs and Border 
Protection shall submit a strategy 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 
sustained outbound inspection operations at land ports of entry that 
includes--
            (1) the number of existing and planned outbound inspection 
        lanes at each port of entry;
            (2) infrastructure limitations that limit the ability of 
        U.S. Customs and Border Protection to deploy non-intrusive 
        inspection systems for outbound inspections;
            (3) the number of additional non-intrusive inspection 
        systems that are necessary to increase scanning capacity for 
        outbound inspections; and
            (4) plans for funding and acquiring the systems described 
        in paragraph (3).
    (b) Implementation.--Beginning not later than September 30, 2026, 
U.S. Customs and Border Protection shall use non-intrusive inspection 
systems at land ports of entry to scan not fewer than 10 percent of all 
vehicles exiting the United States through land ports of entry.

SEC. 4. GAO REVIEW AND REPORT.

    (a) Review.--
            (1) In general.--The Comptroller General of the United 
        States shall conduct a review of the use by U.S. Customs and 
        Border Protection of non-intrusive inspection systems for 
        border security.
            (2) Elements.--The review required under paragraph (1) 
        shall--
                    (A) identify--
                            (i) the number and types of non-intrusive 
                        inspection systems deployed by U.S. Customs and 
                        Border Protection; and
                            (ii) the locations to which such systems 
                        have been deployed; and
                    (B) examine the manner in which U.S. Customs and 
                Border Protection--
                            (i) assesses the effectiveness of such 
                        systems; and
                            (ii) uses such systems in conjunction with 
                        other border security resources and assets, 
                        such as border barriers and technology, to 
                        detect and interdict drug smuggling and 
                        trafficking at the southwest border of the 
                        United States.
    (b) Report.--Not later than 2 years after the date of the enactment 
of this Act, the Comptroller General 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 
containing the findings of the review conducted pursuant to subsection 
(a).
                                                       Calendar No. 221

118th CONGRESS

  1st Session

                                S. 1822

                          [Report No. 118-105]

_______________________________________________________________________

                                 A BILL

To require U.S. Customs and Border Protection to expand the use of non-
          intrusive inspection systems at land ports of entry.

_______________________________________________________________________

                            October 3, 2023

                       Reported with an amendment