[Congressional Record Volume 166, Number 27 (Monday, February 10, 2020)]
[House]
[Pages H986-H988]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SECURING AMERICA'S PORTS ACT
Ms. TORRES SMALL of New Mexico. Mr. Speaker, I move to suspend the
rules and pass the bill (H.R. 5273) to require the Secretary of
Homeland Security to develop a plan to increase to 100
[[Page H987]]
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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5273
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 one 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
New Mexico (Ms. Torres Small) and the gentleman from Texas (Mr.
Crenshaw) each will control 20 minutes.
The Chair recognizes the gentlewoman from New Mexico.
General Leave
Ms. TORRES SMALL of New Mexico. Mr. Speaker, I ask unanimous consent
that all Members may have 5 legislative days to revise and extend their
remarks and to include extraneous material on this measure.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from New Mexico?
There was no objection.
Ms. TORRES SMALL of New Mexico. Mr. Speaker, I yield myself such time
as I may consume.
Mr. Speaker, H.R. 5273 aims to improve border security by increasing
the inspection rate of vehicles entering the United States with
nonintrusive inspection systems or similar technology.
{time} 1600
For years, Customs and Border Protection has used NII systems to
``see'' inside vehicles for potential contraband, such as drugs,
without physically opening or unloading them.
This is critical since the majority of highly addictive and lethal
drugs being smuggled into our country are being smuggled through our
ports of entry, not between them.
According to the 2019 National Drug Threat Assessment released by the
Drug Enforcement Administration, passenger vehicles and commercial
trucks continue to be the primary method used by Mexican transnational
criminal organizations to traffic drugs such as cocaine, heroin, and
fentanyl into the United States.
However, CBP currently only scans about 15 percent of commercial
trucks and just 1 percent of passenger vehicles with NII systems.
In fiscal year 2019, Congress provided $570 million to CBP to install
additional systems on the southwest border.
CBP has indicated that these additional systems will primarily be
installed at large ports of entry.
[[Page H988]]
CBP expects these additional systems to increase NII scanning rates
of commercial trucks to 72 percent and passenger vehicles to 40 percent
by fiscal year 2024.
While this will undoubtedly improve security, it will also increase
the risk that transnational criminal organizations will shift their
smuggling efforts to smaller ports of entry that lack NII equipment,
such as those in my district.
This is a concern that I raised with CBP and port officials during a
field hearing I held with my colleague, Congressman Crenshaw, in my
district in Santa Teresa, New Mexico, last December.
My legislation aims to ensure that all land ports of entry are
appropriately equipped to combat smuggling.
Specifically, H.R. 5273 requires the Secretary of Homeland Security
to develop a plan to expeditiously scan 100 percent of vehicles with
NII systems or other similar technology at each port of entry.
It will also require the Secretary to report annually on the
Department's progress implementing the plan until 100 percent of
commercial and passenger vehicles are scanned.
Mr. Speaker, I am proud of the bipartisan work that went into
developing this legislation. Specifically, I want to thank my
colleague, Mr. Crenshaw, for his support on the bill.
H.R. 5273, if enacted, will help keep our communities more secure by
ensuring that CBP has the tools in place to do a more effective job at
interdicting dangerous narcotics and dangerous materials.
Mr. Speaker, I urge my House colleagues to support this legislation,
and I reserve the balance of my time.
Mr. CRENSHAW. Mr. Speaker, I yield myself such time as I may consume.
I rise today in support of H.R. 5273, the Securing America's Ports
Act. I am proud to be an original cosponsor of this legislation, and I
thank my colleague from New Mexico for her work on this legislation.
Our ports of entry continue to be a preferred avenue for
transnational criminal organizations and drug smugglers to transport
narcotics and contraband into the United States.
In fact, U.S. Customs and Border Protection seized more than 455,000
pounds of narcotics at our ports in fiscal year 2019 alone.
The amount of fentanyl seized in 2019 was enough for more than 577
million lethal doses. That is more than the entire population of the
United States.
H.R. 5273 forces the Department to act on securing the ports of entry
by requiring the Secretary to develop a plan to scan all commercial and
passenger vehicles entering the United States through land ports using
nonintrusive inspection systems or similar systems within 180 days.
This bill encourages continued research and development, including
consideration of emerging technology, to meet the inspection system
plan requirements.
H.R. 5273 also requires the Secretary to establish benchmarks to
evaluate progress toward 100 percent scanning, estimated costs,
anticipated impacts on commerce, and anticipated impacts on border
security operations, including staffing considerations.
Last year, Congress made a significant investment in funding
nonintrusive inspection equipment for implementation across the land
borders over a 5-year period, and this bill would ensure an appropriate
plan is in place so that rollout runs smoothly, and taxpayer dollars
are well spent.
Mr. Speaker, I urge my colleagues to support this bill, and I reserve
the balance of my time.
Ms. TORRES SMALL of New Mexico. Mr. Speaker, I have no more speakers
and am prepared to close after the gentleman from Texas closes.
Mr. Speaker, I reserve the balance of my time.
Mr. CRENSHAW. Mr. Speaker, I urge adoption of the bill, and I yield
back the balance of my time.
Ms. TORRES SMALL of New Mexico. Mr. Speaker, again, it is vital that
all vehicles entering the United States are scanned with NII systems or
similar technology to combat the smuggling of drugs and other
contraband into the country.
My legislation would help do just that by requiring the Secretary of
Homeland Security to develop a plan to achieve 100 percent scanning
rate of vehicles at each port of entry and reporting on progress
annually until that goal is achieved.
Mr. Speaker, I thank my colleagues on the Committee of Homeland
Security for their unanimous support to favorably report my bill to the
floor.
Mr. Speaker, I strongly urge all of my colleagues to support H.R.
5273, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from New Mexico (Ms. Torres Small) that the House suspend
the rules and pass the bill, H.R. 5273, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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