[Congressional Record Volume 166, Number 206 (Monday, December 7, 2020)]
[Senate]
[Pages S7243-S7244]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      SECURING AMERICA'S PORTS ACT

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 530, H.R. 5273.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (H.R. 5273) to require the Secretary of Homeland 
     Security to develop a plan to

[[Page S7244]]

     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.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Homeland Security and 
Governmental Affairs, with an amendment to strike all after the 
enacting clause and insert in lieu thereof the following:

     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.
  Mr. McCONNELL. I ask unanimous consent that the committee-reported 
substitute amendment be agreed to; that the bill, as amended, be 
considered read a third time and passed; and that the amendment to the 
title be agreed to; and the motion to reconsider be considered made and 
laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment in the nature of a substitute was 
agreed to.
  The amendment was ordered to be engrossed and the bill to be read a 
third time.
  The bill was read the third time.
  The bill (H.R. 5273), as amended, was passed.
  The committee-reported amendment to the title was agreed to, as 
follows:

       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.''.

                          ____________________