[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4589-S4590]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2265. Mr. CORNYN (for himself and Ms. Hassan) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle B of title X, add the following:
SEC. 1014. PILOT PROJECTS ALLOWING ADDITIONAL TECHNOLOGY
PROVIDERS TO PARTICIPATE IN INSPECTING CARS,
TRUCKS, AND CARGO CONTAINERS AT CERTAIN PORTS
OF ENTRY.
(a) Short Titles.--This section may be cited as the
``Contraband Awareness Technology Catches Harmful Fentanyl
Act'' or the ``CATCH Fentanyl Act''.
(b) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(B) the Committee on Homeland Security of the House of
Representatives.
(2) Artificial intelligence; ai.--The terms ``artificial
intelligence'' and ``AI'' have the meaning given the term
``artificial intelligence'' in section 238(g) of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232; 10 U.S.C. 4061 note).
(3) CBP innovation team.--The term ``CBP Innovation Team''
means the U.S. Customs and Border Protection Innovation Team
within the Office of the Commissioner.
(4) Nonintrusive inspection technology; nii technology.--
The terms ``nonintrusive inspection technology'' and ``NII
technology'' means technical equipment and machines, such as
X-ray or gamma-ray imaging equipment, that allow cargo
inspections without the need to open the means of transport
and unload the cargo.
(5) Pilot projects.--The term ``pilot projects'' means the
projects required under section 3(a) for testing and
assessing the use of technologies to improve the inspection
process at land ports of entry.
(c) Establishment.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Homeland
Security, acting through CBP Innovation Team, and in
coordination with the Office of Field Operations and the
Department of Homeland Security Science and Technology
Directorate, shall begin the implementation of pilot projects
for testing and assessing the use of technologies or
technology enhancements to improve the process for
inspecting, including by increasing efficiencies of such
inspections, any conveyance or mode of transportation at land
ports of entry along the borders of the United States. The
technologies or technology enhancements tested and assessed
under the pilot projects shall be for the purpose of
assisting U.S. Customs and Border Protection personnel to
detect contraband, illegal drugs, illegal weapons, human
smuggling, and threats on inbound and outbound traffic, in
conjunction with the use of imaging equipment, radiation
portal monitors, and chemical detectors.
(2) Requirements.--
(A) In general.--In implementing the pilot projects at
ports of entry, the CBP Innovation Team, in coordination with
the Department of Homeland Security Science and Technology
Directorate, shall test and collect data regarding not fewer
than 5 types of nonintrusive inspection technology
enhancements that can be deployed at land ports of entry. The
CBP Innovation Team shall test technology enhancements from
not fewer than 1 of the following categories:
(i) Artificial intelligence.
(ii) Machine learning.
(iii) High-performance computing.
(iv) Quantum information sciences, including quantum
sensing.
(v) Other emerging technologies.
(B) Identification of effective enhancements.--The pilot
projects shall identify the most effective types of
technology enhancements to improve the capabilities of
nonintrusive inspection systems and other inspection systems
used at land ports of entry based on--
(i) the technology enhancement's ability to assist U.S.
Customs and Border Protection accurately detect contraband,
illegal drugs, illegal weapons, human smuggling, or threats
in inbound and outbound traffic;
(ii) the technology enhancement's ability to increase
efficiencies of inspections to assist U.S. Customs and Border
Protection address long wait times;
(iii) the technology enhancement's ability to improve
capabilities of aging detection equipment and infrastructure
at land ports of entry;
(iv) the technology enhancement's safety relative to As Low
As Reasonably Achievable (ALARA) standard practices;
(v) the ability to integrate the new technology into the
existing workflow and infrastructure;
(vi) the technology enhancement's ability to incorporate
automatic threat recognition technology using standard
formats and open architecture;
(vii) the mobility of technology enhancements; and
(viii) other performance measures identified by the CBP
Innovation Team.
(C) Private sector involvement.--The CBP Innovation Team
may solicit input from representatives of the private sector
regarding commercially viable technologies.
(D) Cost effectiveness requirement.--In identifying the
most effective types of technology enhancements under
subparagraph (B), the pilot projects shall prioritize
solutions that demonstrate the highest cost-effectiveness in
achievement the objectives described in clauses (i) through
(ix) of subparagraph (B). Cost effectiveness shall account
for improved detection capabilities, increased inspection
efficiencies, reduced wait times, and total cost of
implementation (including infrastructure upgrades and
maintenance expenses).
(3) Nonintrusive inspection systems program.--The CBP
Innovation Team shall work with existing nonintrusive
inspection systems programs within U.S. Customs and Border
Protection when planning and developing the pilot projects
required under paragraph (1).
(4) Data privacy protection.--In implementing the pilot
projects and utilizing new technologies, the Secretary of
Homeland Security shall safeguard the privacy and security of
personal data collected during inspections through
appropriate measures, including by--
(A) adhering to relevant privacy laws and regulations;
(B) implementing data anonymization techniques, if
applicable; and
(C) conducting regular audits to assess compliance with
data privacy standards.
(5) Science and technology directorate.--The CBP Innovation
Team shall work with the Department of Homeland Security
Science and Technology Directorate to align existing
nonintrusive inspection research and development efforts
within the Science and Technology Directorate when planning
and developing pilot projects required under paragraph (1).
(d) Termination.--The pilot projects shall terminate on the
date that is 5 years after the date of the enactment of this
Act.
(e) Reports Required.--Not later than 3 years after the
date of the enactment of this Act, and 180 days after the
termination of the pilot projects pursuant to subsection (d),
the Secretary of Homeland Security shall submit a report to
the appropriate congressional committees that contains--
[[Page S4590]]
(1) an analysis of the effectiveness of technology
enhancements tested based on the requirements described in
subsection (c)(2);
(2) any recommendations from the testing and analysis
concerning the ability to utilize such technologies at all
land ports of entry;
(3) a plan to utilize new technologies that meet the
performance goals of the pilot projects across all U.S.
Customs and Border Protection land ports of entry at the
border, including total costs and a breakdown of the costs of
such plan, including any infrastructure improvements that may
be required to accommodate recommended technology
enhancements;
(4) a comprehensive list of existing technologies owned and
utilized by U.S. Customs and Border protection for cargo and
vehicle inspection, including--
(A) details on the implementation status of such
technologies, such as whether the technologies have been
fully installed and utilized, or whether there are challenges
with the installation and utilization of the technology;
(B) an evaluation of the compatibility, interoperability,
and scalability of existing cargo and vehicle inspection
technologies within U.S. Customs and Border Protection's
physical and information technology infrastructure; and
(C) identification of any obstacles to the effective
deployment and integration of such technologies; and
(5) the analysis described in subsection (f).
(f) Areas of Analysis.--The report required under
subsection (e) shall include an analysis containing--
(1) quantitative measurements of performance based on the
requirements described in subsection (c)(2) of each
technology tested compared with the status quo to reveal a
broad picture of the performance of technologies and
technology enhancements, such as--
(A) the probability of detection, false alarm rate, and
throughput; and
(B) an analysis determining whether such observed
performance represents a significant increase, decrease, or
no change compared with current systems;
(2) an assessment of the relative merits of each such
technology;
(3) any descriptive trends and patterns observed; and
(4) performance measures for--
(A) the technology enhancement's ability to assist with the
detection of contraband on inbound and outbound traffic
through automated (primary) inspection by measuring and
reporting the probability of detection and false alarm rate
for each NII system under operational conditions;
(B) the throughput of cargo through each NII system with a
technology enhancement, including a breakdown of the time
needed for U.S. Customs and Border Protection--
(i) to complete the image review process and clear low-risk
shipments; and
(ii) to complete additional inspections of high-risk items;
(C) changes in U.S. Customs and Border Protection officer
time commitments and personnel needs to sustain high volume
NII scanning operations when technology enhancements are
utilized; and
(D) operational costs, including--
(i) estimated implementation costs for each NII system with
technology enhancements; and
(ii) estimated cost savings due to improved efficiency due
to technology enhancements, if applicable.
(g) Privacy and Civil Liberties Reports.--The Secretary of
Homeland Security, in consultation with the CBP Innovation
Team and other appropriate offices, shall--
(1) prior to the implementation of these technologies,
provide--
(A) a report or reports to the appropriate congressional
committees on the potential privacy, civil liberties, and
civil rights impacts of technologies being tested under the
pilot projects pursuant to this section, including an
analysis of the impacts of the technology enhancements on
individuals crossing the United States border; and
(B) recommendations for mitigation measures to address
identified impacts; and
(2) not later than 180 days after the termination of the
pilot projects pursuant to subsection (d), provide--
(A) findings on the impacts to privacy, civil rights, and
civil liberties resulting from the pilot projects;
(B) recommendations for mitigating these impacts in
implementation of approved technologies; and
(C) any additional recommendations based on the lessons
learned from the pilot projects.
(h) Prohibition on New Appropriations.--No additional funds
are authorized to be appropriated to carry out this section.
______