[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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